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)

These three volumes, entitled Essays On Values, bring together fortyone recent articles by researchers at the Nova Institute of Philosophy (IFILNOVA). They are a small sample of everything that, in the last four years, the Institute’s researchers have published, in English, in indexed journals and collections of essays with peer review. As a whole, they reflect very well the research work that is done at IFILNOVA. Section I. of Volume 1 gathers six articles that deal directly with the question “what (...) are values?”, the question that guides all the work of the institute’s different laboratories and research groups. The first article, by Susana Cadilha and Vítor Guerreiro, results from work developed in the Laboratory of Ethics and Political Philosophy (EPLab); the second, by João Constâncio, from the Lisbon Nietzsche Group; the third, by Alexandra Dias Fortes, from the Lisbon Wittgenstein Group; the third and fifth, by Nuno Fonseca, and Maria Filomena Molder, from the Aesthetics and Philosophy of Art Group of the Laboratory of Culture and Value (CultureLab); the last, by Erich H. Rast, from the Philosophy of Language and Argumentation Theory Group and the Lisbon Mind, Cognition & Knowledge Group of the Laboratory of Argumentation, Cognition, and Language (ArgLab). Section II. brings together three articles by members of the Lisbon Nietzsche Group. Since 2010, the Lisbon Nietzsche Group has completed several funded projects, and has established itself as a leading international research group on Nietzsche’s thought. The three articles demonstrate the crucial importance of the question of values in Nietzsche’s work, always thought from the perspective of the possibility of a “transvaluation of all values”. Maria João Mayer Branco’s article focuses on the value of introspection, and how Nietzsche anticipates Wittgenstein’s “expressivist” view of the “the Peculiar Grammar of the Word ‘I’” and the impossibility of private languages. Marta Faustino’s article considers the theme of affirmation and the value of life through the interpretation of Nietzsche’s reflection on truthfulness, intellectual honesty and courage in the light of Michel Foucault’s work on parrhesia. Pietro Gori’s article studies how Nietzsche creates a new anthropological ideal based on his enquiry into the values of the “good European”. The area of Wittgenstein studies has had a strong influence on the institute since the time when it was a philosophy of language institute. The Wittgensteinian distinction between facts and values was decisive in defining the question of values as the central issue of IFILNOVA’s research project, replacing the focus on philosophy of language. More recently, the focus of research at the Lisbon Wittgenstein Group has been on epistemic values, in particular in their connection with the question of religious belief. In Section III., Nuno Venturinha’s article examines, in the light of an epistemological standpoint, the way Wittgenstein thinks about the possibility of translation. Robert Vinten’s article argues that Wittgenstein’s thought contains elements for a critique of the concept of justice and of the liberal political visions of both Richard Rorty and Chantal Mouffe, despite the fact that both have drawn inspiration from Wittgenstein. Benedetta Zavatta’s article questions the value of mythology by thinking of it as a disease of language – not only in Wittgenstein, but also in a whole philosophical tradition that preceded him. The existence of a research group in ancient philosophy is a recent but very promising development in the life of IFILNOVA. Section IV. includes two articles by members of the group. Paulo Alexandre Lima’s article considers the critique of misology and the value of discourse in Plato’s Phaedo. Hélder Telo’s article examines the pedagogical and protreptic value of imperfection in Plato’s work. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...) its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)

Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...) in a very strong sense. After laying out this argument, I consider its implications for how we should regard each other. In particular, I suggest that it complicates efforts to understand morality as a system of principles. Instead, I propose that an aesthetic attitude, not unlike our experience of the sublime, is an apt response to humanity’s infinite value. -/- . (shrink)

What role does the wild duck play in Ibsen's famous drama? I argue that, besides mirroring the fate of the human cast members, the duck is acting as animal subject in a quasi-experiment, conducted in a private setting. Analysed from this perspective, the play allows us to discern the epistemological and ethical dimensions of the new scientific animal practice (systematic observation of animal behaviour under artificial conditions) emerging precesely at that time. Ibsen's play stages the clash between a scientific and (...) a romantic understanding of animals that still constitutes the backdrop of most contemporary debates over animals in research. Whereas the scientific understanding reduces the animal's behaviour, as well as its environment, to discrete and modifiable elements, the romantic view regards animals as being at one with (or violently disconnected from) their natural surroundings. (shrink)

In this paper I discuss five meta-ethical challenges to Naturalistic Moral Realism, which includes secular moral codes such as Secular Humanism that, in my view, naturalists need to address to keep their commitment to moral realism from looking like special pleading. The five challenges are as follows: 1. The Ontological Problem (OP): How do such moral principles exist? 2. The Epistemic Problem (EP): How does our moral sense/intuition track such principles? 3. The Influence Problem (IP): What authority does the existence (...) of such principles have to supervene on our behavior? 4. The Axiological Problem (AP): What entities have moral value and deserve moral consideration? 5. Methodological Problem (MP): How do we go about arbitrating between moral claims when they conflict? (shrink)

Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...) as such. Without these things, the question of what to do for any individual would be underdetermined. The problem is that adopting such a contingent form of agency amounts to a restriction on what we can do, and so it is a prima facie threat to our autonomy. I will argue that one way, and indeed the only way, of meeting this challenge lies in aesthetic experience. Granting our capacity for aesthetic pleasure the authority to determine the particularities of our agency is compatible with autonomy because doing so means identifying with one’s capacity for pleasure in free and creative activity. Doing this allows us to be both particular sorts of agents and creatures regulated by the universalizing demands of reason. (shrink)

In this essay, I will explain why Methodological Naturalism (MN) fails as a demarcating criteria for science. I will argue that MN is not precise enough to be useful for demarcation, unable to follow the evidence where it leads, not theologically neutral (despite its stated goals as such), and difficult to justify (and currently unjustified) as an ontological or epistemic principle.

Friedrich Engels’ dialectical assessment of modern science resulted from his fascination with the natural sciences in combination with his resurging interest in the work of “old Hegel.” Engels became especially interested in what he saw as the molecular essence of life, namely proteins or, more specifically, albumin, seeing life as the mode of existence of these enigmatic substances. Hegelian dialectics is crucial for a dialectical materialist understanding of contemporary technoscience. The dialectical materialist understanding of technoscience as a research practice builds (...) on Engels, but also on later authors who were inspired by his writings, e.g., life scientists such as Haldane and Bernal. Considering the criticism raised against Engels’ dialectics by 20th-century Marxists, a dialectical diagnostic of contemporary technoscience can be achieved, which shifts the focus from artificial albumin as “living matter” to contemporary research on synthetic cells. (shrink)

This paper subjects Dan Brown’s most recent novel Origin to a philosophical reading. Origin is regarded as a literary window into contemporary technoscience, inviting us to explore its transformative momentum and disruptive impact, focusing on the cultural significance of artificial intelligence and computer science: on the way in which established world-views are challenged by the incessant wave of scientific discoveries made possible by super-computation. While initially focusing on the tension between science and religion, the novel’s attention gradually shifts to the (...) increased dependence of human beings on smart technologies and artificial intelligence. Origin’s message, I will argue, reverberates with Oswald Spengler’s The Decline of the West, which aims to outline a morphology of world civilizations. Although the novel starts with a series of oppositions, most notably between religion and science, the eventual tendency is towards convergence, synthesis and sublation, exemplified by Sagrada Família as a monumental symptom of this transition. Three instances of convergence will be highlighted, namely the convergence between science and religion, between humanity and technology and between the natural sciences and the humanities. (shrink)

Biologists seems to hold two fundamental beliefs: Organisms are organized into levels and the individuals at these levels differ in their properties. Together these suggest that there will be massive multiple realization, i.e. that many human psychological properties are multiply realized at many neurobiological levels. This paper provides some documentation in support of this suggestion.

In this paper, I will reread the history of molecular genetics from a psychoanalytical angle, analysing it as a case history. Building on the developmental theories of Freud and his followers, I will distinguish four stages, namely: (1) oedipal childhood, notably the epoch of model building (1943–1953); (2) the latency period, with a focus on the development of basic skills (1953–1989); (3) adolescence, exemplified by the Human Genome Project, with its fierce conflicts, great expectations and grandiose claims (1989–2003) and (4) (...) adulthood (2003–present) during which revolutionary research areas such as molecular biology and genomics have achieved a certain level of normalcy—have evolved into a normal science. I will indicate how a psychoanalytical assessment conducted in this manner may help us to interpret and address some of the key normative issues that have been raised with regard to molecular genetics over the years, such as ‘relevance’, ‘responsible innovation’ and ‘promise management’. (shrink)

This paper analyses the technoscientific objective of building a synthetic cell from a Jungian perspective. After decades of fragmentation and specialisation, the synthetic cell symbolises a turn towards restored wholeness, both at the object pole and at the subject pole. From a Jungian perspective, it is no coincidence that visual representations of synthetic cells often reflect an archetypal, mandala-like structure. As a symbol of restored unity, the synthetic cell mandala compensates for technoscientific fragmentation via active imagination, providing a visual aid (...) for the technoscientific turn towards reintegration. Although the biotechnological desire to reconstruct life in vitro has been compared to alchemy before, a Jungian analysis allows us to make this comparison more specific and precise. The problem of archetypal images, however, is that alluring prospects of reintegration may underestimate and obfuscate the deficiencies and tensions at work in the current situation. As a projection of a future wholeness, it fosters optimism, but may also function as a misleading façade, covering up collisions and complexities. This can be averted by the conscious employment of the mandala as a symbolic scaffold fostering processes of individuation and working through. (shrink)

This paper has a two-fold aim. First, it reinforces a version of the "syntactic argument" given in Aizawa (1994). This argument shows that connectionist networks do not provide a means of implementing representations without rules. Horgan and Tlenson have responded to the syntactic argument in their book and in another paper (Horgan & Tlenson, 1993), but their responses do not meet the challenge posed by my formulation of the syntactic argument. My second aim is to describe a kind of cognitive (...) architecture. This architecture might be called a computational architecture, but it is not a rules and representations architecture nor the representations without rules architecture that Horgan and Tlenson wish to endorse. (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)

Commentators disagree about the extent to which Kant’s ethics is compatible with consequentialism. A question that has not yet been asked is whether Kant had a view of his own regarding the fundamental difference between his ethical theory and a broadly consequentialist one. In this paper I argue that Kant does have such a view. I illustrate this by discussing his response to a well-known objection to his moral theory, namely that Kant offers an implicitly consequentialist theory of moral appraisal. (...) This objection was most famously raised by Mill and Schopenhauer, but also during Kant’s time by Pistorius and Tittel. I show that Kant’s response to this objection in the second Critique illustrates that he sees the fundamental difference between his moral theory and a broadly consequentialist one to be one that concerns methodology. (shrink)

In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...) block the above objections. We also advance a positive argument for explanationist proper functionalism. (shrink)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

I argue that a crucial point has been overlooked in the debate over the “numbers problem.” The initial arrangement of parties in the problem can be thought of as chancy, and whatever considerations of fairness recommend the reliance on something like a coin toss in approaching this problem equally recommend treating the initial distribution as a kind of lottery. This fact, I suggest, undermines one of the principal arguments against saving the greater number.

This article proposes a role for aesthetic judgment in our practical thought. The role is related to those moments when practical reason seems to give out, when it fails to yield a judgment about what to do in the face of a choice we cannot avoid. I argue that these impasses require agents to create, but that not any creativity will do. For we cannot regard a response to one of these problems as arbitrary or capricious if we want to (...) act on it. We must instead regard that response as justified by the problem itself. I suggest that this combination of creativity and normativity is characteristic of aesthetic judgment and this makes it a promising candidate for making these very difficult choices. (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)

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)

Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...) 2004 ) and use our work to rebut recent objections to the long-standing claim that psychological properties are multiply realized. For we use scientific evidence, in combination with our more precise theoretical framework, to show that we have strong reason to believe that psychological properties are indeed multiply realized both at the biochemical and neuronal levels. (shrink)

It is commonly argued that the fact that our universe is fine-tuned for life favors both a design hypothesis as well as a non-teleological multiverse hypothesis. The claim that the fine-tuning of this universe supports a non-teleological multiverse hypothesis has been forcefully challenged however by Ian Hacking and Roger White. In this paper we take this challenge even further by arguing that if it succeeds, then not only does the fine-tuning of this universe fail to support a multiverse hypothesis, but (...) it tends to favor a single-universe hypothesis instead. (shrink)

Constitutivists believe that we can derive universally and unconditionally authoritative norms from the conditions of agency. Thus if c is a condition of agency, then you ought to live in conformity with c no matter what your particular ends, projects, or station. Much has been said about the validity of the inference, but that’s not my topic here. I want to assume it is valid and talk about what I take to be the highest ambition of constitutivism: the prospect of (...) grounding moral requirements in the conditions of agency. If this can be done, then we can show that everyone is bound by the demands of morality, and we can do so without the customary entanglements—queer normative entities, an implausibly powerful moral sense, or divine lawgivers. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

This chapter presents arguments for two slightly different versions of the thesis that the value of persons is incomparable. Both arguments allege an incompatibility between the demands of a certain kind of practical reasoning and the presuppositions of value comparisons. The significance of these claims is assessed in the context of the “Numbers problem”—the question of whether one morally ought to benefit one group of potential aid recipients rather than another simply because they are greater in number. It is argued (...) that many of the popular approaches to this problem—even ones that avoid the aggregation of personal value—are imperiled by the incomparability theses. -/- . (shrink)

An increasing number of writers (for example, Kim ((1992), (1999)), Bechtel and Mundale (1999), Keeley (2000), Bickle (2003), Polger (2004), and Shapiro ((2000), (2004))) have attacked the existence of multiple realization and wider views of the special sciences built upon it. We examine the two most important arguments against multiple realization and show that neither is successful. Furthermore, we also defend an alternative, positive view of the ontology, and methodology, of the special science. In contrast to the claims of recent (...) critics, we show that methodological connections between the neurosciences and psychology are plausibly often the result of multiple realization. (shrink)

In his recent critical notice of The Bounds of Cognition in this journal, Justin Fisher advances a set of concerns that favor the hypothesis that, under certain circumstances, cognitive processes span the brain, body, and world. One is that it is too much to require that representations in cognitive process must have non-derived content. A second is that it is possible that extended objects bear non-derived content. A third is that extended cognition might advocate the extension of certain general categories (...) of cognition. A fourth is that Bounds misapplies Andy Clark and David Chalmers’ so-called “parity principle.” The purpose of this rejoinder is to show how Fisher’s concerns can be, or have already been, addressed. (shrink)

Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...) I show how a more general view of action captures what is central to action without mentioning mental states, and I argue that a group’s members can fulfill the role in group action that mental states play in our actions. Group behavior is explicable in terms of reasons, regardless of whether the group itself cognizes those reasons. After discussing the kind of reasons at issue and arguing that groups can act in light of them without minds, I assess how this account bears on the question of group responsibility. (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)

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.

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)

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.

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Among the many ideas that go by the name of “enactivism” there is the idea that by “cognition” we should understand what is more commonly taken to be behavior. For clarity, label such forms of enactivism “enactivismb.” This terminology requires some care in evaluating enactivistb claims. There is a genuine risk of enactivist and non-enactivist cognitive scientists talking past one another. So, for example, when enactivistsb write that “cognition does not require representations” they are not necessarily denying what cognitivists claim (...) when they write that “cognition requires representations.” This paper will draw attention to instances of some of these unnecessary confusions. (shrink)

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.

That about sums up what is wrong with Clark's view.

As it has been shaped by improvements in its tools and methods, and by its discourse with critics, I describe how the astrological research program has advanced through three stages of modelling and design limitations. Single-factor tests (for example, the many Sun-sign–only experiments that have been published) are typically underdeterministic. Multi-factor tests, unless they are very well designed, can easily become overdeterministic. Chart-matching tests have been vulnerable to confirmation bias errors until the development of a machine-based, whole-chart matching protocol that (...) has objectively produced evidence of high effect-sizes. A meta-analysis of recent results shows the rapid advancement and how to further improve the results. The value of the program is not only to corroborate the taxonomic counterfactuals of astrological “cookbooks,” but to extend their explanatory reach by the comparison of astrological postulates and inferences with philosophies in other disciplines in terms of quantifiable processes and emergent effects. (shrink)

This paper argues for confirmational holism about facts and values. This position is similar to one defended by (among others) Hilary Putnam, but the argument is importantly different. Whereas Putnam et al. rely on examples of the putative entanglement of facts and values – a strategy which I suggest is vulnerable to parrying – my argument proceeds at a more general level. I argue that the explanation of action can not be separated from our practical reasoning, and for this reason, (...) the ‘webs’ of value and fact judgments are joined in the same way that Quine holds the judgments of mathematics and natural science to be. (shrink)

Skeptical theists have been charged with being committed to global skepticism. I consider this objection as it applies to a common variety of skeptical theism based on an epistemological principle that Stephen Wykstra labeled “CORNEA.” I show how a recent reformulation of CORNEA (provided by Stephen Wykstra and Timothy Perrine) affords us with a formal apparatus that allows us to see just where this objection gets a grip on that view, as well as what is needed for an adequate response. (...) I conclude by arguing that, given some plausible, modest, and independently motivated anti-skeptical principles, this objection poses no threat to Wykstra’s brand of skeptical theism. (shrink)

Philosophical interest in situated cognition has been focused most intensely on the claim that human cognitive processes extend from the brain into the tools humans use. As we see it, this radical hypothesis is sustained by two kinds of mistakes, the confusion of coupling relations with constitutive relations and an inattention to the mark of the cognitive. Here we wish to draw attention to these mistakes and show just how pervasive they are. That is, for all that the radical philosophers (...) have said, the mind is still in the head. (shrink)

Kant says that there is a close affinity between the sublime and moral feelings of respect. This suggests a relatively unexplored way that aesthetic experience could be morally improving. We could come to respect persons by experiencing them as sublime. Unfortunately, this is not at all our ordinary experience of people, and it’s not clear how one would come to it. In this paper I argue that this possibility is realized in the portraits of Thomas Eakins. Through a handful of (...) specific techniques, Eakins suggests an incomparable psychological depth to the subjects of his portraits, a suggestion that causes the viewer to experience that subject as sublime in a way not unlike their experience of a vast ocean or endless abyss. -/- . (shrink)

While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...) focusing on understanding ’s paradigmatic form and what it means to say that in order to understand something you need to “grasp” some information or the relationship between bits of information. I argue that in cases of both easy and easy-s understanding, no aspect of understanding stands in the way of it being able to acquire it through testimony. As a result, while not all understanding be acquired through testimony in all instances and for all subjects, this failure of acquisition is only a product of the complexity of the relevant information or one’s unfamiliarity with it, and not a product of the epistemic relationship of understanding. (shrink)

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)