We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...) from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap. (shrink)

In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken and (...) poor consideration of the influence of morality in holding the society together and his dismissal of legal enforcement of morality. (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?

We address the question of whether it is possible to operate a time machine by manipulating matter and energy so as to manufacture closed timelike curves. This question has received a great deal of attention in the physics literature, with attempts to prove no- go theorems based on classical general relativity and various hybrid theories serving as steps along the way towards quantum gravity. Despite the effort put into these no-go theorems, there is no widely accepted definition of a time (...) machine. We explain the conundrum that must be faced in providing a satisfactory definition and propose a resolution. Roughly, we require that all extensions of the time machine region contain closed timelike curves; the actions of the time machine operator are then sufficiently "potent" to guarantee that closed timelike curves appear. We then review no-go theorems based on classical general relativity, semi-classical quantum gravity, quantum field theory on curved spacetime, and Euclidean quantum gravity. Our verdict on the question of our title is that no result of sufficient generality to underwrite a confident "yes" has been proven. Our review of the no-go results does, however, highlight several foundational problems at the intersection of general relativity and quantum physics that lend substance to the search for an answer. (shrink)

Prior Analytics by the Greek philosopher Aristotle (384 – 322 BCE) and Laws of Thought by the English mathematician George Boole (1815 – 1864) are the two most important surviving original logical works from before the advent of modern logic. This article has a single goal: to compare Aristotle’s system with the system that Boole constructed over twenty-two centuries later intending to extend and perfect what Aristotle had started. This comparison merits an article itself. Accordingly, this article does not discuss (...) many other historically and philosophically important aspects of Boole’s book, e.g. his confused attempt to apply differential calculus to logic, his misguided effort to make his system of ‘class logic’ serve as a kind of ‘truth-functional logic’, his now almost forgotten foray into probability theory, or his blindness to the fact that a truth-functional combination of equations that follows from a given truth-functional combination of equations need not follow truth-functionally. One of the main conclusions is that Boole’s contribution widened logic and changed its nature to such an extent that he fully deserves to share with Aristotle the status of being a founding figure in logic. By setting forth in clear and systematic fashion the basic methods for establishing validity and for establishing invalidity, Aristotle became the founder of logic as formal epistemology. By making the first unmistakable steps toward opening logic to the study of ‘laws of thought’—tautologies and laws such as excluded middle and non-contradiction—Boole became the founder of logic as formal ontology. (shrink)

This paper seeks to identify the distinctive moral wrong of stalking and argues that this wrong is serious enough to criminalize. We draw on psychological literature about stalking, distinguishing types of stalkers, their pathologies, and victims. The victimology is the basis for claims about what is wrong with stalking. Close attention to the experiences of victims often reveals an obsessive preoccupation with the stalker and what he will do next. The kind of harm this does is best understood in relation (...) to the value of privacy and conventionally protected zones of privacy. We compare anti-stalking laws in different jurisdictions, claiming that they all fail in some way to capture the distinctive privacy violation that stalking involves. Further reflection on the seriousness of the invasion of privacy it represents suggests that it is a deeply personal wrong. Indeed, it is usually more serious than obtrusive surveillance by states, precisely because it is more personal. Where state surveillance genuinely is as intrusive as stalking, it tends to adopt the tactics of the stalker, imposing its presence on the activist victim at every turn. Power dynamics —whether rooted in the power of the state or the violence of a stalker —may exacerbate violations of privacy, but the wrong is distinct from violence, threats of violence and other aggression. Nor is stalking a simple expression of a difference in power between stalker and victim, such as a difference due to gender. (shrink)

It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...) the concepts of government and law are to be understood in terms of the concept of power. In actuality, the first two concepts are to be understood primarily in terms of the concept of morality--of rights-protection, to be specific--and only secondarily in terms of the concept of power. Contentions (a) and (b) appear to be inconsistent with obvious facts (e.g. the fact that Pol Pot's regime violated the rights of those over whom it had power). But (a) and (b) are compatible with those facts. This is a consequence of two principles. First, moral requirements have a "dimension of weight," as Dworkin put it, meaning that one moral imperative can be outweighed, without being obliterated, by another moral imperative. Second, sentential operators can have different degrees of scope. "It is hereby assured that" is such an operator. Linguistic surface structure may obfuscate the degree of scope that it has in a given sentence. That fact compatibilizes our analysis with the fact that there are evil laws and evil governments. (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)

Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside and apart (...) from the law. I have two aims for this article. The first is to argue for a particular conception of rape as the best understanding of the constellation of acts we conceptualize as rape. The second, less direct, is to show that traditional methods of conceptual analysis can contribute to legal and social scholarship and reform. (shrink)

Stephen Law developed a challenge to theism, known as the evil-god challenge (Law (2010) ). The evil-god challenge to theism is to explain why the theist’s responses to the problem of evil are any better than the diabolist’s – who believes in a supremely evil god – rejoinders to the problem of good, when all the theist’s ploys (theodicy, sceptical theism, etc.) can be parodied by the diabolist. In the first part of this article, I extend the evil-god challenge by (...) showing that additional theist replies to the problem of evil (more theodicies, the privation view of evil, and others) also may be appropriated, with just as much plausibility, in support of the diabolist position. In the second part of the article, I defend the evil-god challenge against several objections. (shrink)

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

This report reviews what quantum physics and information theory have to tell us about the age-old question, How come existence? No escape is evident from four conclusions: (1) The world cannot be a giant machine, ruled by any preestablished continuum physical law. (2) There is no such thing at the microscopic level as space or time or spacetime continuum. (3) The familiar probability function or functional, and wave equation or functional wave equation, of standard quantum theory provide mere continuum idealizations (...) and by reason of this circumstance conceal the information-theoretic source from which they derive. (4) No element in the description of physics shows itself as closer to primordial than the elementary quantum phenomenon, that is, the elementary device-intermediated act of posing a yes-no physical question and eliciting an answer or, in brief, the elementary act of observer-participancy. Otherwise stated, every physical quantity, every it, derives its ultimate significance from bits, binary yes-or-no indications, a conclusion which we epitomize in the phrase, it from bit. (shrink)

Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The argument (...) consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

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

For students and the general reader, this is the best English translation of the entire 'Laws' available. I give several examples of important lines that are translated well in this edition, but I take issue with the translation of some other lines and with part of Schofield's introduction on grounds that these parts do not reveal Plato's political and cosmic holism as clearly as they could have.

This dissertation identifies and explains four major contributions of the Laws and related late dialogues to Plato's moral and political philosophy. -/- Chapter 1: I argue that Plato thinks the purpose of laws and other social institutions is the happiness of the city. A happy city is one in which the city's parts, i.e. the citizens, are unified under the rule of intelligence. Unlike the citizens of the Republic, the citizens of the Laws can all share the same true judgments (...) of value, and this unanimity explains the city's unity. Plato thinks that aiming at the city's happiness is justified, moreover, because a unified city contributes to the universe's order. -/- Chapter 2: In the Laws, Plato holds that the sick, poor, ugly, weak, but virtuous are happy, and that health, wealth, beauty, and strength benefit the virtuous but harm the vicious. Only in the Laws does Plato commit himself to all these claims simultaneously, and I explain how the moral psychology of the Laws permits Plato to maintain them coherently. -/- Chapter 3: I argue that, in the Laws, becoming virtuous is the same as becoming like God. Becoming like God does not require escape from the world of change as it does in the Theaetetus, however. Rather, becoming like God requires bringing "measure" or appropriate order to the world of change, especially to those entities over which we have the most control—our own souls. In the Laws, citizens achieve this order as they learn to be just and to understand the nature of reality. -/- Chapter 4: Unlike the Republic and Statesman, the Laws holds that obedience of the citizens to their laws should be effected, if possible, with rational persuasion. I argue that Plato wishes such persuasion to educate the citizens of the reasons for the laws. Understanding the laws' justification is the principal way in which citizens acquire the good judgment necessary for virtue. The city becomes more happy as the citizens progress in virtue, so rational persuasion is a necessary means to the lawgiver's overall aim. (shrink)

This paper addresses a fundamental question in folk metaphysics: how do we ordinarily view human agency? According to the transcendence account, we view human agency as standing outside of the causal order and imbued with exceptional powers. According to a naturalistic account, we view human agency as subject to the same physical laws as other objects and completely open to scientific investigation. According to exceptionalist naturalism, the truth lies somewhere in between: we view human agency as fitting broadly within the (...) causal order while still being exceptional in important respects. In this paper, I report seven experiments designed to decide between these three competing theories. Across a variety of contexts and types of action, participants agreed that human agents can resist outcomes described as inevitable, guaranteed, and causally determined. Participants viewed non-human animal agents similarly, whereas they viewed computers, robots, and simple inanimate objects differently. At the same time, participants judged that human actions are caused by many things, including psychological, neurological, and social events. Overall, in folk metaphysics, human and non-human animals are viewed as exceptional parts of the natural world. (shrink)

Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the fundamental problems with Bicchieri’s (...) framework. I then draw on Hart’s critique to develop and defend an alternative approach, arguing that we should conceive of social norms as the norms internal to a “socially sanctioned representational practice.” This approach makes social norms conceptually independent of individuals’ beliefs and preferences by locating them within social practices that transcend their individual participants, structuring the social landscape even before individuals form their own beliefs and preferences. (shrink)

Plato is associated with the idea that the body holds us back from knowing ultimate reality and so we should try to distance ourselves from its influence. This sentiment appears is several of his dialogues including Theaetetus where the flight from the physical world is compared to becoming like God. In some major dialogues of Plato's later career such as Philebus and Laws, however, the idea of becoming like God takes a different turn. God is an intelligent force that tries (...) to create order in the physical world. I argue that likeness to God in these dialogues involves imitating God's effort by trying to order our bodies, souls, and societies as intelligence directs. Becoming like Plato's God is not to abandon the world. It is to improve it. (shrink)

In September 2015 a well-publicised Campaign Against Sex Robots (CASR) was launched. Modelled on the longer-standing Campaign to Stop Killer Robots, the CASR opposes the development of sex robots on the grounds that the technology is being developed with a particular model of female-male relations (the prostitute-john model) in mind, and that this will prove harmful in various ways. In this chapter, we consider carefully the merits of campaigning against such a technology. We make three main arguments. First, we (...) argue that the particular claims advanced by the CASR are unpersuasive, partly due to a lack of clarity about the campaign’s aims and partly due to substantive defects in the main ethical objections put forward by campaign’s founder(s). Second, broadening our inquiry beyond the arguments proferred by the campaign itself, we argue that it would be very difficult to endorse a general campaign against sex robots unless one embraced a highly conservative attitude towards the ethics of sex, which is likely to be unpalatable to those who are active in the campaign. In making this argument we draw upon lessons from the campaign against killer robots. Finally, we conclude by suggesting that although a generalised campaign against sex robots is unwarranted, there are legitimate concerns that one can raise about the development of sex robots. (shrink)

From a moral point of view we think of ourselves as capable of responsible actions. From a scientific point of view we think of ourselves as animals whose behaviour, however highly evolved, conforms to natural scientific laws. Natural Agency argues that these different perspectives can be reconciled, despite the scepticism of many philosophers who have argued that 'free will' is impossible under 'scientific determinism'. This scepticism is best overcome, according to the author, by defending a causal theory of action, that (...) is by establishing that actions are constituted by behavourial events with the appropriate kind of mental causal history. He sets out a rich and subtle argument for such a theory and defends it against its critics. Thus the book demonstrates the importance of philosophical work in action theory for the central metaphysical task of understanding our place in nature. (shrink)

This paper calls for a re-appraisal of McGee's analysis of the semantics, logic and probabilities of indicative conditionals presented in his 1989 paper Conditional probabilities and compounds of conditionals. The probabilistic measures introduced by McGee are given a new axiomatisation built on the principle that the antecedent of a conditional is probabilistically independent of the conditional and a more transparent method of constructing such measures is provided. McGee's Dutch book argument is restructured to more clearly reveal that it introduces a (...) novel contribution to the epistemology of semantic indeterminacy, and shows that its more controversial implications are unavoidable if we want to maintain the Ramsey Test along with the standard laws of probability. Importantly, it is shown that the counterexamples that have been levelled at McGee's analysis|generating a rather wide consensus that it yields `unintuitive' or `wrong' probabilities for compounds |fail to strike at their intended target; for to honour the intuitions of the counterexamples one must either give up the Ramsey Test or the standard laws of probability. It will be argued that we need to give up neither if we take the counterexamples as further evidence that the indicative conditional sometimes allows for a non-epistemic `causal' interpretation alongside its usual epistemic interpretation. (shrink)

In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject these (...) different regulatory attitudes to critical scrutiny. In doing so, I make three main contributions to the debate. First, I present a framework for thinking about the regulatory options that we confront when dealing with child sex robots. Second, I argue that there is a prima facie case for restrictive regulation, but that this is contingent on whether Arkin’s hypothesis has a reasonable prospect of being successfully tested. Third, I argue that Arkin’s hypothesis probably does not have a reasonable prospect of being successfully tested. Consequently, we should proceed with utmost caution when it comes to this technology. (shrink)

This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, and (...) Phra Parakhonthap (Narot). Much of modern and contemporary music has long been disengaged from ritual and its traditional forms of transmission. Especially since the nineteenth century with the growth of popularity of music printing, it has been subject to copyright law. With these restrictions in transmission, the more fluid routes of transmission have become broken and the ritualistic and religious identifications have been transferred to the cult of performers, to legal codification, to the control of corporations, and the construction of new mythologies through marketing. This essay will use Walter Benjamin’s reflections on the loss of “aura” in the reproduced work of art to try to understand the consequences of this transition in the function of music. And it will consider the situation in Thailand where traditional music and mythology stands side by side with marketed music, and traditional performance stands side by side with commercial performance. It will demonstrate that these conflicts cannot be resolved. But it is precisely in the appreciation and preservation of these conflicts, that traditional culture can itself be recognized and preserved. (shrink)

The relation between body and mind is one of the oldest riddles that has puzzled mankind. That material and mental events may interact is accepted even by the law: our mental capacity to concentrate on the task can be seriously reduced by drugs. Physical and chemical processes may act upon the mind; and when we are writing a difficult letter, our mind acts upon our body and, through a chain of physical events, upon the mind of the recipient of the (...) letter. This is what the authors of this book call the 'interaction of mental and physical events'. We know very little about this interaction; and according to recent philosophical fashions this is explained by the alleged fact that we have brains but no thoughts. The authors of this book stress that they cannot solve the body mind problem; but they hope that they have been able to shed new light on it. Eccles especially with his theory that the brain is a detector and amplifier; a theory that has given rise to important new developments, including new and exciting experiments; and Popper with his highly controversial theory of 'World 3'. They show that certain fashionable solutions which have been offered fail to understand the seriousness of the problems of the emergence of life, or consciousness and of the creativity of our minds. In Part I, Popper discusses the philosophical issue between dualist or even pluralist interaction on the one side, and materialism and parallelism on the other. There is also a historical review of these issues. In Part II, Eccles examines the mind from the neurological standpoint: the structure of the brain and its functional performance under normal as well as abnormal circumstances. The result is a radical and intriguing hypothesis on the interaction between mental events and detailed neurological occurrences in the cerebral cortex. Part III, based on twelve recorded conversations, reflects the exciting exchange between the authors as they attempt to come to terms with their opinions. (shrink)

Artificial intelligence (AI) is increasingly expected to disrupt the ordinary functioning of society. From how we fight wars or govern society, to how we work and play, and from how we create to how we teach and learn, there is almost no field of human activity which is believed to be entirely immune from the impact of this emerging technology. This poses a multifaceted problem when it comes to designing and understanding regulatory responses to AI. This article aims to: (i) (...) defend the need for a novel conceptual model for understanding the systemic legal disruption caused by new technologies such as AI; (ii) to situate this model in relation to preceding debates about the interaction of regulation with new technologies (particularly the ‘cyberlaw’ and ‘robolaw’ debates); and (iii) to set out a detailed model for understanding the legal disruption precipitated by AI, examining both pathways stemming from new affordances that can give rise to a regulatory ‘disruptive moment’, as well as the Legal Development, Displacement or Destruction that can ensue. The article proposes that this model of legal disruption can be broadly generalisable to understanding the legal effects and challenges of other emerging technologies. (shrink)

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

While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...) agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems of (...) rape and sexual assault on university campuses, these apps have attracted a number of critics. In this paper, I subject the phenomenon of consent apps to philosophical scrutiny. I argue that the consent apps that have been launched to date are unhelpful because they fail to address the landscape of ethical and epistemic problems that arise in the typical rape or sexual assault case: they produce distorted and decontextualised records of consent which may in turn exacerbate the other problems associated with rape and sexual assault. Furthermore, because of the tradeoffs involved, it is unlikely that app-based technologies could ever be created that would significantly address the problems of rape and sexual assault. (shrink)

Early modern critics of materialism (and of associated doctrines like determinism and mechanism) sometimes employed a transcendental argument form. If materialism were true, then some valuable feature of reality could not exist; but that feature does exist; therefore materialism is false. Depending on current context and concerns, the valuable 'X' in question might be God, the soul, hell, objective morality, free will, conscience, truth, knowledge, social order, or justice and the law: all, in the critics' eyes, obvious and unchallengeable realities (...) which materialism would, impossibly, extinguish.1 As David Hawkes notes in his delightfully provocative essay, it is because Hell is so manifestly real, in both the play and its world, that Faustus manifestly refutes himself in telling Mephistopheles that it is a fable. The success of such transcendental arguments relies on the truth of both their premises: Hell really must exist, and Faustus's materialism must really be incompatible with its existence. Hawkes celebrates early modern moralists who focussed on the alleged worldly and carnal roots and consequences of 'philosophical materialism', who attacked its proponents as villainous, self-interested, and depraved. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, (...) who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

People have been arguing about natural law for at least a couple of thousand years now. During that time, a number of substantially different sorts of theory have been identified as falling within the natural law tradition. Even within each sort of natural law theory, there has been a variety of quite different arguments proposed, both in behalf of and in opposition to the theory. These facts about the natural law tradition serve to confound its critics. It's extremely tough to (...) get a tidy formulation of just what natural law theory is, and such a formulation is needed if the theory is to be analyzed as to its adequacy, truth, value, or whatever. I am going to try to perform such an analysis nonetheless, and to do it as neatly as possible within a fairly short space. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...) justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely the law, (...) have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

Plato is associated with the idea that the body holds us back from knowing ultimate reality and so we should try to distance ourselves from its influence. This sentiment appears is several of his dialogues including Theaetetus where the flight from the physical world is compared to becoming like God. In some major dialogues of Plato's later career such as Philebus and Laws, however, the idea of becoming like God takes a different turn. God is an intelligent force that tries (...) to create order in the physical world. I argue that likeness to God in these dialogues involves imitating God's effort by trying to order our bodies, souls, and societies as intelligence directs. Becoming like Plato's God is not to abandon the world. It is to improve it. (shrink)

A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now the case (...) that a child patient whose competence is in doubt will be found rational if he or she accepts the proposal to treat but may be found incompetent if he or she disagrees. Practitioners are alerted to the anomalies now exhibited by the law on the issue of children's consent and refusal. The impact of the decisions from the perspectives of medicine, ethics, and the law are examined. Practitioners should review each case of child care carefully and in cases of doubt seek legal advice. (shrink)

Numerous supposed immoral mandates and commands by God found in religious texts are introduced and discussed. Such passages are used to construct a logical contradiction contention that is called the moral epistemological argument. It is shown how there is a contradiction in that God is omnibenevolent, God can instruct human beings, and God at times provides us with unethical orders and laws. Given the existence of the contradiction, it is argued that an omnibenevolent God does not exist. Finally, this contention (...) is defended from several objections. (shrink)

Corcoran’s 27 entries in the 1999 second edition of Robert Audi’s Cambridge Dictionary of Philosophy [Cambridge: Cambridge UP]. -/- ancestral, axiomatic method, borderline case, categoricity, Church (Alonzo), conditional, convention T, converse (outer and inner), corresponding conditional, degenerate case, domain, De Morgan, ellipsis, laws of thought, limiting case, logical form, logical subject, material adequacy, mathematical analysis, omega, proof by recursion, recursive function theory, scheme, scope, Tarski (Alfred), tautology, universe of discourse. -/- The entire work is available online free at more than (...) one website. Paste the whole URL. http://archive.org/stream/RobertiAudi_The.Cambridge.Dictionary.of.Philosophy/Robert.Audi_The.Cambrid ge.Dictionary.of.Philosophy -/- The 2015 third edition will be available soon. Before you think of buying it read some reviews on Amazon and read reviews of its competition: For example, my review of the 2008 Oxford Companion to Philosophy, History and Philosophy of Logic,29:3,291-292. URL: http://dx.doi.org/10.1080/01445340701300429 -/- Some of the entries have already been found to be flawed. For example, Tarski’s expression ‘materially adequate’ was misinterpreted in at least one article and it was misused in another where ‘materially correct’ should have been used. The discussion provides an opportunity to bring more flaws to light. -/- Acknowledgements: Each of these entries was presented at meetings of The Buffalo Logic Dictionary Project sponsored by The Buffalo Logic Colloquium. The members of the colloquium read drafts before the meetings and were generous with corrections, objections, and suggestions. Usually one 90-minute meeting was devoted to one entry although in some cases, for example, “axiomatic method”, took more than one meeting. Moreover, about half of the entries are rewrites of similarly named entries in the 1995 first edition. Besides the help received from people in Buffalo, help from elsewhere was received by email. We gratefully acknowledge the following: José Miguel Sagüillo, John Zeis, Stewart Shapiro, Davis Plache, Joseph Ernst, Richard Hull, Concha Martinez, Laura Arcila, James Gasser, Barry Smith, Randall Dipert, Stanley Ziewacz, Gerald Rising, Leonard Jacuzzo, George Boger, William Demopolous, David Hitchcock, John Dawson, Daniel Halpern, William Lawvere, John Kearns, Ky Herreid, Nicolas Goodman, William Parry, Charles Lambros, Harvey Friedman, George Weaver, Hughes Leblanc, James Munz, Herbert Bohnert, Robert Tragesser, David Levin, Sriram Nambiar, and others. -/- . (shrink)

We are much better equipped to let the facts reveal themselves to us instead of blinding ourselves to them or stubbornly trying to force them into preconceived molds. We no longer embarrass ourselves in front of our students, for example, by insisting that “Some Xs are Y” means the same as “Some X is Y”, and lamely adding “for purposes of logic” whenever there is pushback. Logic teaching in this century can exploit the new spirit of objectivity, humility, clarity, observationalism, (...) contextualism, and pluralism. Besides the new spirit there have been quiet developments in logic and its history and philosophy that could radically improve logic teaching. One rather conspicuous example is that the process of refining logical terminology has been productive. Future logic students will no longer be burdened by obscure terminology and they will be able to read, think, talk, and write about logic in a more careful and more rewarding manner. Closely related is increased use and study of variable-enhanced natural language as in “Every proposition x that implies some proposition y that is false also implies some proposition z that is true”. Another welcome development is the culmination of the slow demise of logicism. No longer is the teacher blocked from using examples from arithmetic and algebra fearing that the students had been indoctrinated into thinking that every mathematical truth was a tautology and that every mathematical falsehood was a contradiction. A fifth welcome development is the separation of laws of logic from so-called logical truths, i.e., tautologies. Now we can teach the logical independence of the laws of excluded middle and non-contradiction without fear that students had been indoctrinated into thinking that every logical law was a tautology and that every falsehood of logic was a contradiction. This separation permits the logic teacher to apply logic in the clarification of laws of logic. This lecture expands the above points, which apply equally well in first, second, and third courses, i.e. in “critical thinking”, “deductive logic”, and “symbolic logic”. (shrink)

Corcoran, J. 2007. Psychologism. American Philosophy: an Encyclopedia. Eds. John Lachs and Robert Talisse. New York: Routledge. Pages 628-9. -/- Psychologism with respect to a given branch of knowledge, in the broadest neutral sense, is the view that the branch is ultimately reducible to, or at least is essentially dependent on, psychology. The parallel with logicism is incomplete. Logicism with respect to a given branch of knowledge is the view that the branch is ultimately reducible to logic. Every branch (...) of knowledge depends on logic. Psychologism is found in several fields including history, political science, economics, ethics, epistemology, linguistics, aesthetics, mathematics, and logic. Logicism is found mainly in branches of mathematics: number theory, analysis, and, more rarely, geometry. Although the ambiguous term ‘psychologism’ has senses with entirely descriptive connotations, it is widely used in senses that are derogatory. No writers with any appreciation of this point will label their own views as psychologistic. It is usually used pejoratively by people who disapprove of psychologism. The term ‘scientism’ is similar in that it too has both pejorative and descriptive senses but its descriptive senses are rarely used any more. It is almost a law of linguistics that the negative connotations tend to drive out the neutral and the positive. Dictionaries sometimes mark both words with a usage label such as “Usually disparaging”. In this article, the word is used descriptively mainly because there are many psychologistic views that are perfectly respectable and even endorsed by people who would be offended to have their views labeled psychologism. A person who subscribes to logicism is called a logicist, but there is no standard word for a person who subscribes to psychologism. ‘Psychologist’, which is not suitable, occurs in this sense. ‘Psychologician’, with stress on the second syllable as in ‘psychologist’, has been proposed. In the last century, some of the most prominent forms of psychologism pertained to logic; the rest of this article treats only such forms. Psychologism in logic is very “natural”. After all, logic studies reasoning, which is done by the mind, whose nature and functioning is studied in psychology—using the word ‘psychology’ in its broadest etymological sense. (shrink)

Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...) rationale falls somewhat short of the mark. By his own lights, a successful justification of the death penalty must show that death is the minimally invasive, most humane means to some legitimate moral end. But even if we grant that his rationale picks out a legitimate moral end, there are at least three alternatives to death, either ignored or not fully considered by Kramer, which would seem to satisfy that end in a less invasive, more humane manner. (shrink)

Klaming and Vedder (2010) have argued that enhancement technologies that improve the epistemic efficiency of the legal system (“epistemic enhancements”) would benefit the common good. But there are two flaws to Klaming and Vedder’s argument. First, they rely on an under-theorised and under-specified conception of the common good. When theory and specification are supplied, their CGJ for enhancing eyewitness memory and recall becomes significantly less persuasive. And second, although aware of such problems, they fail to give due weight and consideration (...) to the tensions between the individual and common good. Taking these criticisms onboard, this article proposes an alternative, and stronger, CGJ for epistemic enhancements. The argument has two prongs. Drawing from the literature on social epistemology and democratic legitimacy, it is first argued that there are strong grounds for thinking that epistemic enhancements are a desirable way to improve the democratic legitimacy of the legal system. This gives prima facie but not decisive weight to the CGJ. It is then argued that due to the ongoing desire to improve the way in which scientific evidence is managed by the legal system, epistemic enhancement is not merely desirable but perhaps morally necessary. Although this may seem to sustain tensions between individual and common interests, I argue that in reality it reveals a deep constitutive harmony between the individual good and the common good, one that is both significant in its own right and one that should be exploited by proponents of enhancement. (shrink)

The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...) of lie detection evidence if it has comparative advantages over the epistemic methods currently utilised by the legal system. In this article, I add to this growing support by making a novel comparative advantage argument in favour of brain-based lie detection evidence. The argument focuses on the P300 concealed information test (P300 CIT), which has several unique properties, and on the effect it may have on pre-trial bargaining in criminal cases rather than in-court evidence. The thesis is that P300 CIT could allow for innocent defendants to credibly signal their innocence to investigators and prosecutors during pre-trial bargaining more effectively than current proposed methods for doing the same thing. I defend this argument from a number of objections, and suggest that it opens up an interesting avenue in the ongoing debate about the merits of this technology. Although the argument is presented with the criminal law in mind, it could form part of a more general cumulative case in favour of this technology. (shrink)

Situating psychoanalysis as the foundation of the therapeutic community and as a spiritual exercise, the author argues that contemporary approaches articulate a form of akēdia – a desire to be elsewhere – both in its focus on expectation and its misunderstanding of the nature ‘place’. This amounts to an avoidance of being-with the subject of psychosis. This leads to a discussion of the formation necessary for therapeutic community practitioners which is in opposition to the notion of training. Such a formation (...) amounts to an inscription into the discourse of the therapeutic community with specific reference to the Law (Oedipus). -/- L’autore intende la psicoanalisi come esercizio spirituale e la colloca come base fondante della Comunità Terapeutica. Egli critica gli approcci contemporanei al trattamento della psicosi, poiché mettono in atto qualcosa di simile al desiderio di essere altrove -akēdia- sia per quanto riguarda le aspettative che l’incomprensione del ‘luogo’ della natura. Questo atteggiamento porta a un evitamento dell’essere-con la psicosi. Tali premesse aprono di fatto la discussione sulla necessaria formazione degli operatori di una comunità terapeutica che non può essere racchiusa nella parola training. La formazione degli operatori è nell’essere, nell’appartenere alla stessa comunità terapeutica e non può che far preciso riferimento ai concetti edipici di confine e di Legge. (shrink)

"Jim would still be alive if he hadn't jumped" means that Jim's death was a consequence of his jumping. "x wouldn't be a triangle if it didn't have three sides" means that x's having a three sides is a consequence its being a triangle. Lewis takes the first sentence to mean that Jim is still alive in some alternative universe where he didn't jump, and he takes the second to mean that x is a non-triangle in every alternative universe where (...) it doesn't have three sides. Why did Lewis have such obviously wrong views? Because, like so many of his contemporaries, he failed to grasp the truth that it is the purpose of the present paper to demonstrate, to wit: No coherent doctrine assumes that statements about possible worlds are anything other than statements about the dependence-relations governing our world. The negation of this proposition has a number of obviously false consequences, for example: all true propositions are necessarily true (there is no modal difference between "2+2=4" and "Socrates was bald"); all modal terms (e.g. "possible," "necessary") are infinitely ambiguous; there is no difference between laws of nature (e.g. "metal expands when heated") and accidental generalizations (e.g. "all of the coins in my pocket are quarters"); and there is no difference between the belief that 1+1=2 and the belief that arithmetic is incomplete. Given that possible worlds are identical with mathematical models, it follows that the concept of model-theoretic entailment is useless in the way of understanding how inferences are drawn or how they should be drawn. Given that the concept of formal-entailment is equally useless in these respects, it follows that philosophers and mathematicians have simply failed to shed any light on the nature of the consequence-relation. Q's being either a formal or a model-theoretic consequence of P is parasitic on its bearing some third, still unidentified relation to P; and until this relation has been identified, the discipline of philosophical logic has yet to begin. (shrink)

Ordinarily counterfactuals are seen as making statements about states of affairs, albeit ones that hold in merely possible or alternative worlds. Thus analyzed, nearly all counterfactuals turn out to be incoherent. Any counterfactual, thus analyzed, requires that there be a metaphysically (not just epistemically) possible world w where the laws are the same as here, and where almost all of the facts are the same as here. (The factual differences relate to the antecedent and consequent of the counter-factual.) But, as (...) I show, this requirement typically involves the positing of worlds whose necessary non-existence can be shown by fairly elementary deductions. Further, the possible-worlds analysis of counterfactuals is guilty of covert circularity. For, thus analyzed, counterfactuals can only be understood in terms of laws of nature (the laws that apply here are assumed in the hypothetical world - except in the atypical case where the counterfactual is also a counter-nomic). But the concept of a law cannot itself be defined except in terms of the notion of a counterfactual (a law is given by a counterfactual-supporting proposition). I give a purely epistemic analysis of counterfactuals, arguing that they are crypto-probability propositions. I also argue that the relevant kind of probability can be defined wholly in terms of what has happened (not what would happen and not even what must happen in a nomic sense). So my analysis isn’t guilty of any kind of circularity. (shrink)

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

Francis Bacon was the youngest son of Nicholas Bacon, lord keeper of the great seal under Elizabeth I. He left Cambridge in 1575, studied law, and entered Parliament in 1581. Though roughly contemporary with Kepler, Galileo, and Harvey, Bacon’s grand schemes for the advancement of knowledge were not driven by their discoveries: he resisted the Copernican hypothesis, and did not give mathematics a central place in his vision of natural philosophy. His active public life, under both Elizabeth and James I, (...) was taken up with political business and legal reform. Bacon achieved high office as Lord Chancellor in 1618, until disgraced by corruption charges. His final years saw a furious spate of writing on natural philosophy, politics, and history. (shrink)

FEEL FREE TO CITE - IGNORE IN-PDF REQUEST -/- Husserl defines affection in the Analyses1 as "the allure given to consciousness, the particular pull that an object given to consciousness exercises on the ego."2 That something becomes prominent for the ego implies that the object exerts a kind of 'pull' upon the ego, a demanding of egoic attention. This affective pull is relative in force, such that the same object can be experienced in varying modes of prominence and affective relief (...) depending upon bodily comportment, egoic attentiveness, etc. The phenomenon of affection allows Husserl to describe the genesis of association in terms of the lawful, regular exertions of affection upon the ego, prompting (for example) the reproduction of remembered pasts in retention on a purely passive level. Affection thus provides Husserl a non-Humean mechanism for the lawful phenomenon of association. In this light, we can see that affection plays a crucial role in the passive phenomenon of association and thereby in the constitution of sense. The precise role played by affection, however, remains quite problematic in the Analyses. Husserl is rather unclear on this point, and two of the leading commentators on the Analyses, Anthony Steinbock and Bruce Bégout, offer opposing viewpoints. Is affection the precondition for the constitution of any sense unity, as Steinbock suggests, or is it the.. (shrink)