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)

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

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)

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)

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)

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)

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)

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.

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.

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)

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)

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (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.

The Adverse Outcome Pathway (AOP) concept is a knowledge assembly and communication tool to facilitate the transparent translation of mechanistic information into outcomes meaningful to the regulatory assessment of chemicals. The AOP framework and associated knowledgebases (KBs) have received significant attention and use in the regulatory toxicology community. However, it is increasingly apparent that the potential stakeholder community for the AOP concept and AOP KBs is broader than scientists and regulators directly involved in chemical safety assessment. In this paper we (...) identify and describe those stakeholders who currently—or in the future—could benefit from the application of the AOP framework and knowledge to specific problems. We also summarize the challenges faced in implementing pathway-based approaches such as the AOP framework in biological sciences, and provide a series of recommendations to meet critical needs to ensure further progression of the framework as a useful, sustainable and dependable tool supporting assessments of both human health and the environment. Although the AOP concept has the potential to significantly impact the organization and interpretation of biological information in a variety of disciplines/applications, this promise can only be fully realized through the active engagement of, and input from multiple stakeholders, requiring multi-pronged substantive long-term planning and strategies. (shrink)

Since the publication of Kenneth Howard’s 2017 article, “The Religion Singularity: A Demographic Crisis Destabilizing and Transforming Institutional Christianity,” there has been an increasing demand to understand the root causes and historical foundations for why institutional Christianity is in a state of de-institutionalization. In response to Howard’s research, a number of authors have sought to provide a contextual explanation for why the religion singularity is currently happening, including studies in epistemology, church history, psychology, anthropology, and church ministry. The purpose (...) of this article is to offer a brief survey and response to these interactions with Howard’s research, identifying the overall implications of each researcher’s perspective for understanding the religion singularity phenomenon. It explores factors relating to denominational switching in Jeshua Branch’s research, social memory in John Lingelbach’s essay, religious politics in Kevin Seybold’s survey, scientific reductionism in Jack David Eller’s position paper, and institutional moral failure in Brian McLaren’s article. (shrink)

To improve oneself and grow professionally, career development has been found to be crucial, as it serves as a roadmap for the professional growth of employees. However, a barrier, known as the glass ceiling, hinders the progress of employees, especially those in the LGBTQIA+ community. This study explores the impact of the glass ceiling on the career development of selected LGBTQIA+ individuals, shedding light on the barriers faced by this community in the workplace. The researchers used a qualitative multiple-case study (...) and selected ten (10) LGBTQIA+ participants from large enterprises via the judgmental sampling technique. Through thematic analysis, psychological impact, workplace discomfort, lack of recognition, and career progress challenges emerged as the impacts of the glass ceiling on the participants. Strategies for overcoming glass ceiling barriers, such as resilience, self-reflection, and community support, are identified. Thus, the study found that glass ceilings are really evident in the context of businesses. With this, the proposed advocacy plan in the study suggests interventions like workplace inclusion training, mentorship networks, and seminars on employee rights. Furthermore, it emphasizes the call for ongoing research and advocacy efforts to dismantle barriers and cultivate workplaces that not only embrace diversity but also provide equitable opportunities for career growth. (shrink)

This paper explores the logical consequences of the the thesis that all of the essential properties of consciousness can be known introspectively (Completeness, called "Strong Transparency" in the paper, following D.M. Armstrong's older terminology). It is argued that it can be known introspectively that consciousness does not have complete access to its essential properties; and it is show how this undermines conceivability arguments for dualism.

In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One (...) and the Indefinite Dyad provides, in the later Plato, a unitary theoretical formalism accounting, by means of an iterated mixing without synthesis, for the structural origin and genesis of both supersensible Ideas and the sensible particulars which participate in them. As these commentators also argue, this duality furthermore provides a maximally general answer to the problem of temporal becoming that runs through Plato’s corpus: that of the relationship of the flux of sensory experiences to the fixity and order of what is thinkable in itself. Additionally, it provides a basis for understanding some of the famously puzzling claims about forms, numbers, and the principled genesis of both attributed to Plato by Aristotle in the Metaphysics, and plausibly underlies the late Plato’s deep considerations of the structural paradoxes of temporal change and becoming in the Parmenides, the Sophist, and the Philebus. After extracting this structure of duality and developing some of its formal, ontological, and metalogical features, we consider some of its specific implications for a thinking of time and ideality that follows Deleuze in a formally unitary genetic understanding of structural difference. These implications of Plato’s duality include not only those of the constitution of specific theoretical domains and problematics, but also implicate the reflexive problematic of the ideal determinants of the form of a unitary theory as such. We argue that the consequences of the underlying duality on the level of content are ultimately such as to raise, on the level of form, the broader reflexive problem of the basis for its own formal or meta-theoretical employment. We conclude by arguing for the decisive and substantive presence of a proper “Platonism” of the Idea in Deleuze, and weighing the potential for a substantive recuperation of Plato’s duality in the context of a dialectical affirmation of what Deleuze recognizes as the “only” ontological proposition that has ever been uttered. This is the proposition of the univocity of Being, whereby “being is said in the same sense, everywhere and always,” but is said (both problematically and decisively) of difference itself. (shrink)

This review essay of Economics Rules situates Dani Rodrik’s contribution with respect to the 2007–2008 global economic crisis. This financial meltdown, which the eurozone did not fully recover from before the Covid-19 pandemic, led to soul- searching among economists as well as a call for heterodox economic approaches. Yet, over the past decade, instead the economics profession has maintained its orthodoxy. Rodrik’s Economics Rules offers a critique of the economics profession that is castigating but mild. It calls for economists to (...) use more and diverse models without becoming wedded to any single model or an overarching vision. Yet Rodrik ratifies many of the benchmark models standard to orthodox economics and provides little ground for a fundamental rethinking of the discipline. This essay analyses the conservatism underlying Rodrik’s approach, which upholds general equilibrium theory and rational expectations underlying the efficient market hypothesis. It argues that the economics discipline’s scope-creep to maintain its applicability to all human decision-making, and its acceptance of all-inclusive utility functions, crowds out moral sentiments and civic virtue. Thus. it argues that rather than urging economists simply to be more cautious in their application of models to address particular social concerns, instead economists must recognise their discipline’s inherent limitations. (shrink)

This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...) physical and financial insecurity. (shrink)

În acest articol încerc să argumentez opinia că, așa cum este definită eugenia, este foarte dificil de făcut o diferențiere clară între știință (medicină, ingineria genetică) și eugenie. Și de stabilit o linie peste care ingineria genetică nu ar trebui să treacă, conform unor norme morale, juridice și religioase. Atâta timp cât acceptăm ajutorul geneticii în găsirea unor modalități de combatere a cancerului, diabetului sau HIV, acceptăm în mod implicit și eugenia pozitivă, conform definiției actuale. Și atâta timp cât acceptăm (...) screening-ul genetic, și intervenții asupra fătului nenăscut, sau avortul, acceptăm în mod implicit și eugenia negativă. În plus, la nivel de guverne, deși oficial eugenia este repudiată, ea a fost legalizată în foarte multe țări până de curând, și încă mai este acceptată și legalizată, chiar dacă în forme mai subtile, și în prezent. În Introducere definesc termenul și modurile de clasificare. Urmează Istoria eugeniei pornind din perioada antică, introducerea eugeniei de Francis Galton, practica eugeniei ca politică de stat în diverse țări, și eugenia actuală (eugenia liberală). Analizez apoi diverse probleme ridicate de Etica eugeniei liberale, și am dezvoltat o secțiune aparte pentru Viitorul eugeniei, cu accent pe proiectul genomului uman. În final, în secțiunea Concluzii expun opiniile personale cu privire la practica actuală a eugeniei. Am folosit ca surse principale de investigație articolele lui Kenneth M. Ludmerer, ”American Geneticists and the Eugenics Movement: 1905-1935”, Kathy J. Cooke, ”Duty or Dream? Edwin G. Conklin's Critique of Eugenics and Support for American Individualism”, Jonathan Anomaly, ”Defending Eugenics”, John R. Harding Jr. ”Beyond Abortion: Human Genetics and the New Eugenics”, Michael Boulter, ”Bloomsbury Scientists”, Chapter Title: The rise of eugenics, 1901–14, Michael Ruse and Edward O. Wilson, ”Moral Philosophy as Applied Science” și Goering, Sara, "Eugenics". (shrink)

contents -/- ONT vol 1 i. short review: Beyond the Black Rainbow ii. as you die, hold one thought iii. short review: LA JETÉE -/- ONT vol 2 i. maya means ii. short review: SANS SOLEIL iii. vocab iv. eros has an underside v. short review: In the Mood for Love -/- ONT vol 3 i. weed weakens / compels me ii. an Ender's Game after-party iii. playroom is a realm of the dead iv. a precise german History v. short (...) review: STATUES ALSO DIE vi. Kenneth Clark, curator for Fascism vii. a protest poem, in industry lit viii. Lawrence and the English Romance -/- ONT vol 4 i. short review: The Eyes of Tammy Faye ii. vR is efficient R iii. all thru Asia, robes for monks iv. same of God, and of the one God sent v. i thought of the Messiah / muse would be vi. conscience is strong vii. a monk's exalted end -/- ONT vol 5 -/- i. for Shakespeare's Richard the Third ii. the truth is i pass over so many words iii. the boori nazar / nadhar iv. i've awe for jihaad v. short review: Hail, Caesar! vi. a minute of Nothing, gone from YouTube vii. we were rivalrous friends, again viii. my bardo pdf ix. within i'm a weak old mandarin -/- ONT vol 6 i. short review: The Intern ii. the confusion of Chinatown iii. we'll remember water, in Theology iv. Respironics versus ResMed v. i'd bet my life for what vi. the Mad Max deity vii. they'd kill my rat, not heal him -/- ONT vol 7 i. Austen would eroticize all life ii. Merchant/Ivory, a name oddly right iii. Ellie Arroway / Agent Starling iv. abattoir / l’abattoir / laboratoire v. von Neumann's brain an anomaly vi. was terrified of death, delighted in the a-bomb vii. the Greatest Brain is variously named -/- ONT vol 8 i. the day they shot the sacrifice ii. Yay or Nay, on Animal Testing iii. an ought is an is / an is is an ought iv. Behaviorism is for zombies v. a finding from the neuro-lab, on empathy vi. i’ve never had discernible abs vii. a cowardice i'm assenting to perpetually -/- ONT vol 9 i. Day of the Locust / Triffids ii. we're wide on a Paramount soundstage iii. HOLLYWOOD, an ecologic history iv. yet one more site of end-time art v. he's "a bookworm with bulging lobes" vi. apartment is my state of being apart vii. enlightenment means a weight's release -/- ONT lates and xtras i. re Gödel's ontological argument ii. deep in pi's numeric noise iii. from Nothing, something iv. endless in the wrong direction, tragic v. they give you all Eternity to answer vi. what of God's mercy? vii. informed consent and prayer viii. i won't live on. a deed i've done may ix. my selective memory x. Janus means: in close-up foam, two faces xi. a liveable world is a readable world xii. what Supervenes from this? xiii. at each extreme our naming is anachronism xiv. Cat is a collapsing of the wave-function xv. diminishing returns in the history of Experiment xvi. all those undershared Nobels xvii. ice preserves the Cold from heat xviii. a desert spreads xix. Pinker's wit, on jokes xx. Rome surrounds St. Paul / Paul is now the center xxi. each is a gathering Ministry xxii. white boy shot execution-style xxiii. the McDonald's Statement of Claim xxiv. first & last: Don Quixote / Ulysses xxv. The Summer of Rave xxvi. this electro is intrinsically anonymous xxvii. all thru Asia, Drake-Rihanna xxviii. WHO IS BETTER: PLATON OR KANT? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 417-418 [Access article in PDF] Heidi M. Ravven and Lenn E. Goodman, editors. Jewish Themes in Spinoza's Philosophy. Albany: The State University of New York Press, 2002. Pp. ix + 290. Cloth, $78.50. Paper, $26.95.The current anthology presents an important contribution to the study of Spinoza's relation to Jewish philosophy as well as to contemporary scholarship of Spinoza's metaphysics and political (...) theory.In the opening essay, Lenn Goodman takes upon himself the ambitious task of evaluating Spinoza's positions as to several central disputes throughout the history of philosophy. In this rich and extensive essay Goodman argues that Spinoza's radical rationalism makes him pursue syntheses between traditionally opposed poles. Lee Rice's article, "Love of God in Spinoza," carefully analyzes Spinoza's concept of love and suggests the existence of three kinds of love parallel to the three kinds of knowledge. Warren Montag addresses the unresolved issue of Spinoza's relation to the Kabbalah. Montag sides with Deleuze against the association of Spinozism with the Neo-Platonic theory of emanation, arguing that unlike the Neo-Platonists and Kabbalists, Spinoza's view of God rules out any hierarchy, and does not assume a descent from primal simplicity into complexity. Edwin Curley contributes a beautiful reading of the story of Job and of Maimonides' interpretation of the story. Curley follows Maimonides' discussion of the various positions regarding the question of divine providence and his attempt to identify the speeches of the characters of the book of Job with each of these positions. Following a sensitive consideration of various attempts to [End Page 417] recover Maimonides' own rather concealed view about providence, Curley concludes that "[W]hatever you think Maimonides' final word on Job is, our examination of him certainly supports [Spinoza's] claim that [Maimonides] reads Scripture in terms of Platonic or Aristotelian speculations" (170).Warren Zev Harvey's essay addresses Spinoza's most neglected work, the Compendium of the Grammar of the Hebrew Language. Apart from providing an outline of Spinoza's work as a Hebrew grammarian ("a noun-intoxicated grammarian") and pointing out some of Spinoza's more eccentric views about the nature of the Hebrew language, Harvey makes a compelling case for the importance of the book for the study of Spinoza's metaphysics. He points out a fascinating analogy which Spinoza draws between the parts of speech: (proper) noun, adjectives, and participles, and Spinoza's key metaphysical terms: substance, attributes, and modes. (Think about the weighty implications of this analogy for Curley's interpretation of the substance-mode relation.) According to Harvey, Spinoza's claim that all Hebrew words are derived from nouns is a linguistic parallel to Spinoza's pivotal metaphysical doctrine which makes all things be in the substance (or God). Kenneth Seeskin's article discusses the views of Maimonides and Spinoza on the question of creation and God's relation to the world. Seeskin reconstructs an interesting critical dialogue between these two philosophers. According to Seeskin, both philosophers held that an effect must be similar to its cause. Maimonides' commitment to Negative Theology and to the denial of any common measure between God and finite things forced him to deny causal or explanatory relation between God and the world. What Maimonides can suggest instead is rather to prove that the emergence of the world ex nihilo and according to the divine will, is possible, and even likely given certain astronomical facts of medieval science. Thus, Maimonides would hold that "although we have grounds for believing that creation occurred, we will never be in a position to say how" (120). For Spinoza, such a view constitutes nothing but a "sanctuary of ignorance." Thus, according to Seeskin, Spinoza affirms a clear causal relation between God and the world of finite things insofar as God is said to explain the world. While I tend to agree with most aspects of this analysis, it is important to note that Spinoza also claims that "between the finite and infinite there is no relation" (Letter 54). This... (shrink)

In several recent contributions to the growing literature on slurs, Hedger draws upon Kaplan's distinction between descriptive and expressive content to argue that slurs are expressions with purely expressive content. The distinction between descriptive and expressive content and the view that slurs are expressions with purely expressive content has been widely acknowledged in prior work, and Hedger aims to contribute to this tradition of scholarship by offering novel arguments in support of his "pure expressivist" account of slurs. But the account (...) that PE offers is explanatorily inadequate, resting on suspect a priori intuitions which also commit one to denying many basic facts about slurs, such as that slurs largely display systematic differential application and that slurs can be used non-offensively between in-group speakers. In this article I provide clear reasons for rejecting PE, arguing particularly against Hedger as one of PE’s most explicit and recent proponents. In showing that PE is inadequate in at least 11 ways, I argue in favor of a mixed or hybrid approach. (shrink)

Philosophers of science turned to historical case studies in part in response to Thomas Kuhn's insistence that such studies can transform the philosophy of science. In this issue Joseph Pitt argues that the power of case studies to instruct us about scientific methodology and epistemology depends on prior philosophical commitments, without which case studies are not philosophically useful. Here I reply to Pitt, demonstrating that case studies, properly deployed, illustrate styles of scientific work and modes of argumentation that are not (...) well handled by currently standard philosophical analyses. I illustrate these claims with exemplary findings from case studies dealing with exploratory experimentation and with interdisciplinary cooperation across sciences to yield multiple independent means of access to theoretical entities. The latter cases provide examples of ways that scientists support claims about theoretical entities that are not available in work performed within a single discipline. They also illustrate means of correcting systematic biases that stem from the commitments of each discipline taken separately. These findings illustrate the transformative power of case study methods, allow us to escape from the horns of Pitt's "dilemma of case studies," and vindicate some of the post-Kuhn uses to which case studies have been put. (shrink)

Background: The castor bean is a large grassy or semi-wooden shrub or small tree. Any part of the castor plant parts can suffering from a disease that weakens the ability to grow and eliminates its production. Therefore, in this paper will identify the pests and diseases present in castor culture and detect the symptoms in each disease. Also images is showing the symptom form in this disease. Objectives: The main objective of this expert system is to obtain appropriate diagnosis of (...) the disease. Methods: In this paper, the expert system is designed for the ability of agricultural engineers to detect and diagnose disease of castor like as: seeding blight, alternaria blight, cercospora leaf spot, powdery mildew and wilt. This system presents the disease symptoms, survival and spread, favorable conditions and image for each disease. Clips and Delphi expert system languages are used for designing and implementing the proposed expert system. Results: The expert system in the diagnosis of castor diseases was assessed by farmers and agricultural engineers and they were satisfied and accepted with its quality of performance. Conclusions: The expert system is easy for farmers and people have experience in the plant of castor to detect and diagnosis the symptoms that may face this plant from several disease. (shrink)

Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena to (...) count as oppression, and I illustrate the account’s value using the example of gender oppression. I then apply the account to fat people, examine empirical evidence, and argue that the suffering of fat people counts as oppression. (shrink)

Diabetes is a major public health issue that affects the nations of our time to a large extent and is described as a non-communicable epidemic. Diabetes mellitus is a common disease where there is too much sugar (glucose) floating around in your blood. This occurs because either the pancreas can’t produce enough insulin or the cells in body have become resistant to insulin. The concentration in this paper is on diagnosis diabetes by designing a proposed expert system. The main goal (...) of this expert system is to get the appropriate diagnosing of the illness, dealing with it quickly, and tips for permanent treatment whenever possible is given out. SL5 object expert system language was used for designing and implementing the proposed expert system. (shrink)

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

To the question whether Hume believed in mind-independent physical objects (or as he would put it, bodies), the answer is Yes and No. It is Yes when Hume writes “We may well ask, What causes induce us to believe in the existence of body? but ’tis in vain to ask, Whether there be body or not? That is a point, which we must take for granted in all our reasonings.” However the answer is No after inquiring into the causes of (...) that belief, when he writes, “What then can we look for from this confusion of groundless and extraordinary opinions but error and falsehood? And how can we justify to ourselves any belief we repose in them?” My view is that Hume’s Yes and No answers can best be accounted for by seeing him as a Pyrrhonian skeptic in the tradition of Sextus Empiricus. This interpretation, while finding considerable truth in the various positions canvassed, is closest to those of Norton, Fogelin, and especially Popkin. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

Since at least 2008 linguists and philosophers of language have started paying more serious attention to issues concerning the meaning or use of racial epithets and slurs. In an influential article published in The Journal of Philosophy, for instance, Christopher Hom (2008) offered a semantic account of racial epithets called Combinatorial Externalism (CE) that advanced a novel argument for the exclusion of certain epithets from freedom of speech protection under the First Amendment (p. 435). Also in more recent work, “The (...) Expressive Meaning of Racial Epithets: Towards A Non-Unitary Account of Expressive Meaning,” Diane Blakemore (2013) offered an alternative pragmatic account of racial epithets rooted in Dan Sperber and Deirdre Wilson’s (1986) relevance theory. Adam Croom (2008) has also discussed epithets before in prior work, through a consideration of a paradigmatic racial epithet directed towards Native Americans, but then moved on in subsequent work to focus on developing a more nuanced account of paradigmatic slurring terms instead (Croom 2010; Croom 2011; Croom 2012; Croom 2013; Croom 2014a; Croom 2014b; Croom under review). So the purpose of this article is to return to and extend the previous account of racial epithets provided by Croom (2008) through a consideration of another paradigmatic racial epithet, but this time one directed towards Asian Americans instead of Native Americans. Here I also offer a novel suggestion for how to differentiate between epithets and slurs, offering new insight into how epithets and slurs are both similar and different. A sample list of over 100 other racial epithets that can be accounted for by the kind of analysis presented here is provided in Croom (2008, p. 44-45). (shrink)

I want to argue that self-deception is a species of a more general phenomenon, which I shall call pseudorationality, which in turn is necessitated by what I shall describe as our highest-order disposition to literal self-preservation. By "literal self-preservation," I mean preservation of the rational intelligibility of the self, in the face of recalcitrant facts that invariably threaten it.

This paper will argue that there is no such thing as introspective access to judgments and decisions. I t won't challenge the existence of introspective access to perceptual and imagistic states, nor to emotional feelings and bodily sensations. On the contrary, the model presented in Section 2 presumes such access. Hence introspection is here divided into two categories: introspection of propositional attitude events, on the one hand, and introspection of broadly perceptual events, on the other. I shall assume that the (...) latter exists while arguing that the fonner doesn't . Section I makes some preliminary points and distinctions, and outlines the scope of the argument. Section 2 presents and motivates the general model of introspection that predicts a divided result. Section 3 provides independent evidence for the conclusion that judgments and decisions aren't introspectable. Section 4 then replies to a number of objections to the argument, the most important of which is made from the perspective of so-called "dual systems theories" of belief formation and decision making, The upshot is a limited form of eliminativism about introspection, in respect of at least two core categories of propositional attitude. (shrink)

Husserl’s theory of passive experience first came to systematic and detailed expression in the lectures on passive synthesis from the early 1920s, where he discusses pure passivity under the rubric of affection and association. In this paper I suggest that this familiar theory of passive experience is a first approximation leaving important questions unanswered. Focusing primarily on affection, I will show that Husserl did not simply leave his theory untouched. In later manuscripts he significantly reworks the theory of affection in (...) terms of instinctive intentionality and a passive experience of desire aimed at satisfaction and enjoyment. This paper will show that the theory of affection and the theory of instincts in Husserl are really one and the same, differing only in the superior theoretical apparatus with which Husserl treats the phenomenon in his more considered theory of the instincts. I demonstrate the connection between the two theories by showing how what he generically calls “affection” in earlier texts is the same phenomenon he calls “curiosity” in later texts. The connection is further supported by the way curiosity does the same work as affection in its function within Husserl’s theory of association, serving as the basic connective tissue linking diverse experiences. In closing, I deal with the problem of how to integrate the experience of the body into the theory of instincts, displaying in another way how Husserl improves his theory of affection by making it more concrete when he recasts it as a theory of instincts. (shrink)

We defend three controversial claims about preference, credence, and choice. First, all agents (not just rational ones) have complete preferences. Second, all agents (again, not just rational ones) have real-valued credences in every proposition in which they are confident to any degree. Third, there is almost always some unique thing we ought to do, want, or believe.

There is more than one way to say that composition is identity. Yi has distinguished the Weak Composition thesis from the Strong Composition thesis and attributed the former to David Lewis while noting that Lewis associates something like the latter with me. Weak Composition is the thesis that the relation between the parts collectively and their whole is closely analogous to identity. Strong Composition is the thesis that the relation between the parts collectively and their whole is identity. Yi is (...) right that Strong Composition does not fully reflect my view. We must recognize further what, borrowing Lewis's characterization, could be called the "stronger, and stranger" Composition thesis, or what I'll call the Stronger Composition thesis for short. On Strong Composition, it is only collectively that the parts are identical with the whole. On Stronger Composition, they are individually identical with it as well. I will explain and motivate this thesis. (shrink)

The model of scientific revolution genesis and structure, extracted from Einstein’s revolution and described in author’s previous publications, is applied to the Copernican one . In the case of Einstein’s revolution I had argued that its cause consisted in the clash between the main classical physics scientific programmes: newtonian mechanics, maxwellian electrodynamics, classical thermodynamics and statistical mechanics. Analogously in the present paper it is argued that the Copernican revolution took place due to realization of the dualism between mathematical astronomy and (...) Aristotelian qualitative physics in Ptolemy’s cosmology and the corresponding efforts to eliminate it. The works of Copernicus, Galileo, Kepler and Newton were all the stages of the mathematics descendance from skies to earth and reciprocal extrapolation of earth physics on divine phenomena. (shrink)

Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate case. And, (...) where it is discussed, the view is that corporations are less prone to weakness. Here, I argue that proponents of corporate responsibility should say that corporations can and often do instantiate weakness of the will, and that this is important to recognize. Weakness of the will requires certain capacities that these proponents typically take corporations to have. And once this is appreciated, we can assess how corporate weakness might proceed differently than how it does for individuals. We can also begin a conversation about how best to meet the distinctive challenges for recognizing and correcting corporate weakness, using a number of resources from management scholarship. (shrink)

Current debates surrounding the virtues and shortcomings of randomization are symptomatic of a lack of appreciation of the fact that causation can be inferred by two distinct inference methods, each requiring its own, specific experimental design. There is a non-statistical type of inference associated with controlled experiments in basic biomedical research; and a statistical variety associated with randomized controlled trials in clinical research. I argue that the main difference between the two hinges on the satisfaction of the comparability requirement, which (...) is in turn dictated by the nature of the objects of study, namely homogeneous or heterogeneous populations of biological systems. Among other things, this entails that the objection according to which randomized experiments fail to provide better evidence for causation because randomization cannot guarantee comparability is mistaken. (shrink)

In this essay, I discuss the standard objections to substance dualism and conclude that they are far less formidable than is usually supposed.

Abstract: Proponents of the this-universe objection to fine-tuning arguments for a multiverse claim that while the multiverse hypothesis raises the probability that some universe is fine-tuned for life, it fails to raise the probability that this one is. Because that is so, they further argue, those who take the fine-tuning of this universe as evidence for the multiverse hypothesis are guilty of a probabilistic fallacy. I argue that a proper evaluation of the this-universe objection requires the development of a general, (...) formal framework for reasoning probabilistically with evidence statements expressed using indexical terms (such as the statement This universe is fine-tuned). I proceed to develop such a framework and then to apply it to the this-universe objection. While my primary aim is to defend the this-universe objection from recent rebuttals, a secondary aim is to exhibit the utility of the framework itself, which has the potential for wider application. (shrink)

This paper presents a preliminary analysis of the first participatory budgeting experiment in the United States, in Chicago's 49th Ward. There are two avenues of inquiry: First, does participatory budgeting result in different budgetary priorities than standard practices? Second, do projects meet normative social justice outcomes? It is clear that allowing citizens to determine municipal budget projects results in very different outcomes than standard procedures. Importantly, citizens in the 49th Ward consistently choose projects that the research literature classifies as low (...) priority. The results are mixed, however, when it comes to social justice outcomes. While there is no clear pattern in which projects are located only in affluent sections of the ward, there is evidence of geographic clustering. Select areas are awarded projects like community gardens, dog parks, and playgrounds, while others are limited to street resurfacing, sidewalk repairs, bike racks, and bike lanes. Based on our findings, we offer suggestions for future programmatic changes. (shrink)

In this book chapter, Moya argues that recognizing, indeed mobilizing, identities in the classroom is a necessary part of educating for a just and democratic society. Only a truly multi-perspectival, multicultural education can create the conditions needed to alter the negative identity contingencies that minority students commonly face, while creating opportunities for all students. By treating identities as epistemic resources and mobilizing them, we can draw out their knowledge-generating potential and allow them to contribute positively to the production and transmission (...) of knowledge. (shrink)

The emerging field of quantum mereology considers part-whole relations in quantum systems. Entangled quantum systems pose a peculiar problem in the field, since their total states are not reducible to that of their parts. While there exist several established proposals for modelling entangled systems, like monistic holism or relational holism, there is considerable unclarity, which further positions are available. Using the lambda operator and plural logic as formal tools, we review and develop conceivable models and evaluate their consistency and distinctness. (...) The main result is an exhaustive taxonomy of six distinct and precise models that both provide information about the mereological features as well as about the entangled property. The taxonomy is well-suited to serve as the basis for future systematic investigations. (shrink)

According to the “Embodied Cognition” entry in the Stanford Encyclopedia of Philosophy, the three landmark texts in the 4E cognitive science tradition are Lakoff and Johnson’s Metaphors We Live By, Varela, Thompson, and Rosch’s The Embodied Mind, and Andy Clark’s Being There. In my first section, I offer a phenomenological interpretation of these three texts, identifying recuring affirmations of the figure of dance alongside explicit marginalization of the practice of dance, perhaps in part due to cognitive science’s overemphasis on cognition (...) to the exclusion of affect. In my second section, drawing on my previous interpretations of proto-affect theorists (including Spinoza, Deleuze, and Fanon), I channel this tension in 4E cognitive science into a dancing partnership with human science psychology, suggesting three “choreographic provocations” for therapeutic practice and psychological research, namely (1) treating clients/subjects as dancers, (2) reimagining research and therapy as improvised duets between practitioners and clients/subjects, and (3) pursuing an ideal of freer movement and an emergent flourishing singularity for clients/subjects. Finally, I reformulate these three choreographic provocations in terms of my new theoretical method of “dancing-with,” as well as the four psychological prerequisites for flourishing posited by my figuration philosophy of dance. (shrink)

Modern rationalism transformed the modern homeland to a discursive space and time by means of institutes governing the modern society in all its walks. Based on the Newtonian and Kantian conception of space and time the discursive field is just a scene wherein any human individual adopts stewardship to create progress by reducing landscape and non-human life to auxiliary items for human’s benefit. In contrast, Aldo Leopold considered humans, non human life and the landscape as mutually influencing participants and enlarged (...) ethical care to all living participants and the landscape, called ´the land´. Integrity and autonomy of the homeland are the central topics of Leopold’s land ethics. Baird Callicott suggested to complete it with new metaphysical conceptions of space and time. -/- We formulated a metaphysical background for Leopold’s land ethics by phenomenology of space and time based on the Leibnizian conception of space-time. The latter is constructed by particular places and events called ´ecotopois´ embracing all human participants, locals and foreigners in a varying symbolic temporal and spatial field of dynamic process of identification and self consciousness. Adopting Warwick Fox´ transpersonal identification idea non-human life and landscape enriches these processes. Finally, it is not a matter of conquering the land, it is matter of making a community. -/- Though landscape and participants are particular, integrity and autonomy of the homeland claim the universal status of the land. Adopting Gadamer hermeneutical way of understanding, we reject mutual and equally understanding. Only acceptance of mutual prejudice makes room for asymmetric praxis between locals and foreigners as well as between humans and non-humans. What is more, Gadamer´s hermeneutics makes an ontological status of the foreigner possible and recognizes the interest of homeland’s particularity. This universal status is guaranteed as a priori space-time that links subject’s tradition and that of the land to actual contact with the foreigner. Transpersonal identification is a consequence of converging hermeneutical understanding of foreigner’s particularity and that of the landscape. Ethics of the land evolves from the ethical status of any foreigner in the own homeland. -/- . (shrink)