For decades scholars thought they knew Hume's position on the existence of causes and objects he was a sceptic. However, this received view has been thrown into question by the `new readings of Hume as a sceptical realist. For philosophers, students of philosophy and others interested in theories of causation and their history, The New Hume Debate is the first book to fully document the most influential contemporary readings of Hume's work. Throughout, the volume brings the debate beyond textual issues (...) in Hume to contemporary philosophical issues concerning causation and knowledge of the external world and issues in the history of philosophy, offering the reader a model for scholarly debate. This revised paperback edition includes three new chapters by Janet Broughton, Peter Kail and Peter Millican. Contributors: Kenneth A. Richman, Barry Stroud, Galen Strawson, Kenneth P. Winkler, John P. Wright, Simon Blackburn, Edward Craig, Martin Bell, Daniel Flage, Anne Jaap Jacobson, Rupert Read, Janet Broughton, Peter Millican, Peter Kail. (shrink)

We suggest that there is confusion between why consciousness developed and what additional functions, through continued evolution, it has co-opted. Consider episodic memory. If we believe that episodic memory evolved solely to accurately represent past events, it seems like a terrible system—prone to forgetting and false memories. However, if we believe that episodic memory developed to flexibly and creatively combine and rearrange memories of prior events in order to plan for the future, then it is quite a good system. We (...) argue that consciousness originally developed as part of the episodic memory system—quite likely the part needed to accomplish that flexible recombining of information. We posit further that consciousness was subsequently co-opted to produce other functions that are not directly relevant to memory per se, such as problem-solving, abstract thinking, and language. We suggest that this theory is compatible with many phenomena, such as the slow speed and the after-the-fact order of consciousness, that cannot be explained well by other theories. We believe that our theory may have profound implications for understanding intentional action and consciousness in general. Moreover, we suggest that episodic memory and its associated memory systems of sensory, working, and semantic memory as a whole ought to be considered together as the conscious memory system in that they, together, give rise to the phenomenon of consciousness. Lastly, we suggest that the cerebral cortex is the part of the brain that makes consciousness possible, and that every cortical region contributes to this conscious memory system. (shrink)

We sley Salmon, in his influential and detailed book, Four Decades of Scientific Explanation, argues that the pragmatic approach to scientific explanation, “construed as the claim that scientific explanation can be explicated entirely in pragmatic terms” (1989, 185) is inadequate. The specific inadequacy ascribed to a pragmatic account is that objective relevance relations cannot be incorporated into such an account. Salmon relies on the arguments given in Kitcher and Salmon (1987) to ground this objection. He also suggests that Peter Railton’s (...) concepts of the ideal explanatory text and explanatory information (Railton 1981) can provide what the pragmatic approach lacks. This suggestion is not a conclusion of course; we read it as the promotion of part of a research program aimed at forging a greater consensus on scientific explanation-an admirable goal. However, we do not see the pragmatic approach as inadequate. We will show that a synthetic account inspired by Salmon’s adaptation of Railton would be equivalent to van Fraassen’s pragmatic account in three respects: accepting or rejecting requests for explanation; the practice of giving scientific explanations; and the evaluation of the goodness of explanations. We include all three under the general rubric of explanatory “practice.” Admittedly these are not the only three features by which an account of explanation might be evaluated. Roughly, we mean to show that a synthetic account cannot do a better job of accounting for the scientific practices which are of importance to the constructive empiricist, and therefore no argument can be presented to the constructive empiricist to convince her that by her own standards the synthetic account is superior. (shrink)

O quarto volume da obra "Ordem e História" de Eric Voegelin, intitulado de "A Era Ecumênica", marca a última mudança no pensamento do filósofo alemão. Voegelin rejeita uma concepção linear da história e sugere que as "irrupções espirituais" das civilizações se tornem o objeto de análise para identificar a "ordem da história". A partir disso, Voegelin rejeita os sistemas imanentistas da modernidade, notadamente, ideologias, como "revoltas egofânicas" que trazem desequilíbrio no Intermédio ou "metaxia" entre o cosmos e o além. O (...) objetivo do presente artigo é identificar a concepção de história e a crítica às ideologias modernas na obra "A Era Ecumênica" de Eric Voegelin. Adota-se metodologia exploratória e abordagem qualitativa na investigação do objetivo proposto. O trabalho conclui que, apesar da importante crítica voegiliniana à perda de fundamento transcendente da política moderna, a filosofia política do "último Voegelin" de "A Era Ecumênica" tem pouco a dizer sobre a política concreta, revelando-se uma filosofia da consciência apolítica em sentido normativo. (shrink)

Terms for consciousness, used with a cognitive meaning, emerged as count nouns in the 17th century. This transformation repeats an evolution that had taken place in late antiquity, when related vocabulary, used in the sense of conscience, went from being mass nouns designating states to count nouns designating faculties possessed by every individual. The reified concept of consciousness resulted from the rejection of the Scholastic-Aristotelian theory of mind according to which the mind is not a countable thing, but a pure (...) potentiality. This rejection was motivated by an acute sense of the mind’s fallible subjectivity. While conditioned by recent historical events, the 17th century’s pervasive sense of subjectivity also reveals a heavy debt to Hellenistic philosophy, which had been recently rediscovered. But whereas Hellenistic thought, mistrustful of theoria, only reifies conscience, early modern thinking, more mistrustful of praxis and seeking its grounding in theoria, goes a step further and reifies consciousness. Partly modeled on theological ideas, the resulting concept of consciousness is plagued by paradoxes that have becomes notorious for their intractability. But essentially the same model of consciousness underwrites contemporary theory, embroiling contemporary debates in the same controversies that dominated the 17th century. Sidestepping these difficulties by returning to the Scholastic-Aristotelian theory of mind would be a tall order, but it is not impossible. Alfred North Whitehead's theory of consciousness offers an example. His novel theory of time enables Whitehead to rehabilitate the Aristotelian concept of passive mind in a wholly naturalistic way. (shrink)

Although Whitehead’s particular style of philosophizing--looking at traditional philosophical problems in light of recent scientific advances--was part of a trend that began with the scientific revolutions in the early 20th century and continues today, he was marginalized in 20th century philosophy because of his outspoken defense of what he was doing as “metaphysics.” Metaphysics, for Whitehead, is a cross-disciplinary hermeneutic responsible for coherently integrating the perspectives of the special sciences with one another and with everyday experience. The program of such (...) a meta-discipline is challenging to philosophical orthodoxy because it enlarges, rather than narrows, the range of empirical evidence that philosophy must acknowledge. This places Whitehead’s philosophy in a perennial tradition that seeks to resolve fundamental antinomies through synthesis and reconciliation rather than reduction or elimination. (shrink)

The authors argue that the consciousness debate inhabits the same problem space today as it did in the 17th century. They attribute the lack of progress to a mindset still polarized by Descartes’ real distinction between mind and body, resulting in a standoff between humanistic and scientistic approaches. They suggest that consciousness can be adequately studied only by a multiplicity of disciplines so that the paramount problem is how to integrate diverse disciplinary perspectives into a coherent metatheory. Process philosophy is (...) well qualified to attempt such a synthesis. The rationale for the volume is summed up in the book's unifying thesis: normal, focal-attentive consciousness is not the sui generis phenomenon it is usually taken to be, but part of a wider spectrum of experience (including marginal, deviant, and non-human experience) that can only be studied by approaches as diverse as phenomenology, psycho- and neuropathology, biology, and zoology. (shrink)

There have been many attempts to retire dualism from active philosophic life, replacing it with something less removed from science, but we are no closer to that goal now than fifty years ago. I propose breaking the stalemate by considering marginal perspectives that may help identify unrecognized assumptions that limit the mainstream debate. Comparison with Whitehead highlights ways that opponents of dualism continue to uphold the Cartesian “real distinction” between mind and body. Whitehead, by contrast, insists on a conceptual distinction: (...) there can no more be body without mind than mind without body (at least at the level of ultimate constituents). Key to this integration is Whitehead’s understanding that mind, at its most rudimentary, is simply the intrinsic temporality of a physical event. Thus, the resulting form of “panpsychism” is more naturalistic than commonly supposed, and it solves both the composition problem (traditionally fatal to panpsychism) and the “hard problem.”. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” rape as such. I (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

A plausible explanation of the wrongfulness of threatening, advanced most explicitly by Mitchell Berman, is that the wrongfulness of threatening derives from the wrongfulness of the act threatened. This essay argues that this explanation is inadequate. We can learn something important about the wrongfulness of threatening (with implications for thinking about coercion) by comparing credible threats to some other claims of impending harm. A credible bluff threat to do harm is likely to be more and differently wrongful than making intentionally (...) false warnings about other sources of harm. This essay surveys some examples to secure this point, shows that Berman's moralized account of their wrongfulness is wanting, and offers the outline of an approach better suited to explain the wrongfulness of threatening.1. (shrink)

No capítulo 1 da dissertação “A Colônia de Formigas está Consciente?”, intitulado “O Monismo Nageliano e a Composição Material” examinamos a premissa da Composição Material, a qual estabelece que a consciência depende do modo de disposição material das entidades físicas básicas (átomos, elétrons, etc.), na composição do organismo. Ou seja, a experiência consciente de um sistema vivo se encontra estreitamente conectada com a forma em que seus componentes físicos estão relacionados. Isso significa que cada organismo terá um processo diferente de (...) interação desses componentes formando, então, uma mente subjetiva. As diferenças entre um e outro são em grau. Assim, é possível que haja estruturas com níveis alto, baixo, ausente, e até mesmo intermediários de consciência. E cada nível, por sua vez, corresponde a uma relação específica entre parte e todo, se é um sistema orgânico, ou se está entre o orgânico e o não orgânico. Durante o desenvolvimento embrionário, por exemplo, pode existir um momento fronteiriço entre a individualidade e a não-individualidade (ou ser um agregado celular), um momento em que somos incapazes de determinar quando há um organismo. Nesta linha, a consciência também seria indeterminada. Como desconhecemos a relação exata dos componentes físicos para constituir o todo, temos que considerar a consciência como uma propriedade imprecisa do sistema biológico. O Problema da Composição envolve, portanto, a inconsistência do conceito de organismo. Em linhas gerais, se a noção de indivíduo é vaga, por sua vez, a de consciência também será. Por conseguinte, a correlação entre consciência fenomenológica e organização material torna o próprio conceito de mente em uma propriedade imprecisa da composição. Assim, no presente capítulo, esmiuçamos cada uma das quatro premissas que fundamentam o Pampsiquismo: composição material, antirreducionismo, antiemergentismo e realismo. E, em seguida analisamos cada uma dessa premissas como parâmetros para verificar se uma colônia de formigas pode ser um sujeito experiencial. Supomos que, se a colônia estiver estruturada como um indivíduo genuíno, ela terá alguma fenomenalidade. No entanto, não sabemos de que tipo. Por fim, elucidamos como o chamado Problema da Combinação se aplica à colônia de insetos sociais e quais implicações disso. (shrink)

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the (...) experience of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

This collection of original essays aims to reinvigorate the debate surrounding philosophical realism in relation to philosophy of science, pragmatism, epistemology, and theory of perception. Questions concerning realism are as current and as ancient as philosophy itself; this volume explores relations between different positions designated as ‘realism’ by examining specific cases in point, drawn from a broad range of systematic problems and historical views, from ancient Greek philosophy through the present. The first section examines the context of the project; contributions (...) systematically engage the historical background of philosophical realism, re-examining key works of Aristotle, Descartes, Quine, and others. The following two sections epitomize the central tension within current debates: scientific realism and pragmatism. These contributions address contemporary questions of scientific realism and the reality of the objects of science, and consider whether, how or the extent to which realism and pragmatism are compatible. With an editorial introduction by Kenneth R. Westphal, these fourteen original essays provide wide-ranging, salient insights into the status of realism today. (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)

O presente texto tem o objetivo de apresentar a caracterização e crítica de Alasdair MacIntyre ao emotivismo moral, como também as posteriores controvérsias entre Waller-Unwin e John Lemos. Busca-se apresentar a leitura de MacIntyre sobre o emotivismo moral presente no último capítulo de A Short History of Ethics, suas críticas a essa concepção ética nos capítulos dois e três de After Virtue, os argumentos de Bruce Waller e Nicholas Unwin em defesa de uma reformulação do emotivismo moral e as críticas (...) de John Lemos a essa sugestão. Espera-se que o texto contribua na apresentação dos principais argumentos do debate entre MacIntyre e o emotivismo moral, a fim de servir de orientação para outras discussões na área da metaética. (shrink)

Nicholas Rescher’s way of understanding process philosophy reflects the ambitions of his own philosophical project and commits him to a conceptually ideal interpretation of process. Process becomes a transcendental idea of reflection that can always be predicated of our knowledge of the world and of the world qua known, but not necessarily of reality an sich. Rescher’s own taxonomy of process thinking implies that it has other variants. While Rescher’s approach to process philosophy makes it intelligible and appealing to mainstream (...) analytic philosophy, it leaves behind the more daring ideas of Bergson, James, and Whitehead, all of whom envisioned the primordial reality of process in a radical ontology of becoming. This variant of process thought can be construed as coherent and self-consistent, but not without relinquishing the correspondence theory of truth and embracing challenging ideas that bring us in close proximity to existentialism, apophatic theology, and Buddhism. (shrink)

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

Conventional approaches to consciousness assume that our current science tells us within tolerable limits what physical nature is. Because nature so understood cannot explain consciousness as we seem to experience it ourselves, explaining consciousness becomes a problem. One solution is to rethink what consciousness is so that it becomes the sort of thing our current natural science could in principle explain. Whitehead takes the opposite approach, using the existence of consciousness as a clue to what nature must be if it (...) can generate something like consciousness. The justification for this approach can be found in Whitehead’s implicit indictment of descriptive phenomenology. According to Whitehead, the seemingly insoluble problem of explaining consciousness naturalistically is an artifact created by the assumption that consciousness faithfully samples the world, when in fact it obscures the very aspects of nature that are indispensable to understanding how anything, including consciousness itself, could emerge through a physical process. (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)

The problem causation poses is: how can we ever know more than a Humean regularity. The problem consciousness poses is: how can subjective phenomenal experience arise from something lacking experience. A recent turn in the consciousness debates suggest that the hard problem of consciousness is nothing more than the Humean problem of explaining any causal nexus in an intelligible way. This involution of the problems invites comparison with the theories of Alfred North Whitehead, who also saw them related in this (...) way. According to Whitehead, a tempting but false phenomenology of consciousness obscures temporality and leads to the causation problem, which then makes consciousness itself seem causally inexplicable. Bringing the processual nature of consciousness back into view discloses causation at work in the moment-to-moment emergence of consciousness, and it reveals that causation operates in a logically fuzzy domain where the skeptical critique of causality finds no foothold. (shrink)

Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...) to them. Third, we propose that constitutive abduction describes a method that scientists use to confirm constitutive hypotheses that is an alternative to the mutual manipulability approach that is familiar in the New Mechanist literature. (shrink)

Hans Kelsen, juspositivista austríaco, e Herman Dooyeweerd, jusfilósofo cristão neerlandês, foram pensadores contemporâneos que desenvolveram importantes reflexões sobre a relação entre Estado e direito. -/- Esse livro, além de apresentar e comparar suas perspectivas, analisa os comprometimentos teóricos e os problemas políticos e jurídicos do pensamento de Hans Kelsen a partir da filosofia de Herman Dooyeweerd. -/- A obra pode contribuir para as discussões contemporâneas acerca da relação entre Estado e direito e suas consequências para a teorização sobre política e (...) justiça em uma sociedade plural. (shrink)

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 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)

While the topic of assertion has recently received a fresh wave of interest from Peirce scholars, to this point no systematic account of Peirce’s view of assertion has been attempted. We think that this is a lacuna that ought to be filled. Doing so will help make better sense of Peirce’s pragmatism; further, what is hidden amongst various fragments is a robust pragmatist theory of assertion with unique characteristics that may have significant contemporary value. Here we aim to uncover this (...) theory, and to show that assertion for Peirce is not a mere corollary of pragmatic conceptions of truth, judgement, and belief, but is rather a central aspect of his philosophy. (shrink)

Recently, Margaret Gilbert has argued that it appears that the wisdom of a society impinges, greatly, on its freedom. In this article, I show that Gilbert’s “negative argument” fails to be convincing. On the other hand, there are important lessons, particularly for democratic theory, that can be by looking carefully, and critically, at her argument. This article will proceed as follows. First, I present Gilbert’s argument. Next, I criticize her understanding of freedom, and then, using arguments from Christopher McMahon, criticize (...) her understanding of a wise society. Finally, I discuss how what has been said can inform how one should think about democratic theory. (shrink)

In 1705, Mary Astell and Damaris Masham both published works advocating for women's use of individual judgment in matters of religion. Although both philosophers advocate for women's education and intellectual autonomy, and both are adherents of the Church of England, they differ dramatically in their attitudes to religious authority. These differences are rooted in a deeper disagreement about the nature of epistemic authority in general. Astell defends an interpersonal model of epistemic authority on which we properly trust testimony when the (...) testifier is answerable for its truth. Masham holds an evidence model of epistemic authority on which testimony is treated as an ordinary piece of empirical evidence. Central to Masham's argument is her contention that religious beliefs based on the kind of authority recognized by Astell could never serve as a stable source of moral motivation. Because of their different theories of epistemic authority, Masham's defense of women's intellectual autonomy leads to a radical anti-clericalism, while Astell's defense is fully consistent with her insistence on deference to the established church. (shrink)

In Metaphysics Γ 4-6 Aristotle argues that Protagoras is committed not just to denying the PNC, but also to asserting its contrary. In this paper, I offer an analysis of this commitment. I try to show that Aristotle is working with a specific idea in mind: a Protagoreanism ontologically linked to the flux doctrine, as Plato suggested in Theaetetus 152-160.

A filosofia político-social de Herman Dooyeweerd (1894-1977) ainda é pouco conhecida no Brasil. Esse livro, resultado de minhas pesquisas no Mestrado de Filosofia da Universidade Federal da Paraíba, apresenta e discute a perspectiva teórica dooyeweerdiana sobre a ordem de uma sociedade complexa. A filosofia de Herman Dooyeweerd pode contribuir para a reflexão e ação cristã em uma sociedade moderna e plural. Em Dooyeweerd, é possível encontrar uma teoria política e social abrangente para pensar e atuar no ambiente público, rejeitando orientações (...) ideológicas secularistas. Herman Dooyeweerd pode nos ajudar a refletir sobre política e sociedade na medida em que nos faz reconhecer princípios estruturais na realidade criada por Deus que estruturam cada esfera e relação social em seu âmbito de soberania. Em contraponto ao positivismo e ao historicismo, Dooyeweerd nos indica caminhos para compreender as normas divinas para cada centímetro quadrado da existência. Além de denunciar o comprometimento religioso do imanentismo das ideologias políticas, Dooyeweerd tem muito a dizer sobre como pensar política e sociedade na ordem da história. (shrink)

When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such plaintiff strict (...) responsibility? There are reasons for caution before concluding that a victim's self-regarding conduct is negligent. A victim often deserves special sympathy in the light of his special predicament, choosing between two evils, the immediate costs of which he must personally bear. Indeed, it might appear that the law is unfair or unduly onerous when it places significant demands on a victim with respect to his own self-regarding behavior. On the other hand, we should not forget that the victim's “duty” to use reasonable care is merely conditional: it applies only in case the victim seeks a remedy against the tortfeasor. (shrink)

Objetiva-se expor o pensamento de Herman Dooyeweerd (1894-1977), prolífico jusfilósofo holandês, no que diz respeito à maneira como destaca o aspecto jurídico da realidade e formula sua concepção de enciclopédia da ciência do Direito. Problematiza-se em que medida a teoria dooyeweerdiana permite o desenvolvimento de um conceito de Direito relevante para a teoria da decisão judicial. Neste afã, após exposição sintética das bases de seu pensamento, verticaliza-se o estudo do aspecto jurídico da realidade e da noção-base de sua Enciclopédia da (...) Ciência do Direito. Explora-se a original perspectiva filosófica dooyeweerdiana sobre a positivação do direito e a interpretação jurídica, ambas limitadas seja pelo inafastável núcleo distintivo do aspecto jurídico (a retribuição), seja pelo dever de considerar o todo dos aspectos da experiência humana e das esferas sociais envolvidas. Conclui-se que o conceito de enciclopédia jurídica em Dooyeweerd, à luz de uma densa e intrigante filosofia cosmonômica, enriquece sobremaneira a clássica discussão jusfilosófica que envolve o papel do direito positivo e os limites da interpretação jurídica, na medida em que oferece valioso prisma integrativo do aspecto jurídico frente aos demais aspectos da experiência humana, colaborando para uma visão jurídica não reducionista, preservadora da irredutibilidade do Direito e conferidora de limites mais claros à decisão judicial. A pesquisa é qualitativa, eminentemente bibliográfica, tendo sido utilizado o método hipotético dedutivo. (shrink)

In their responses to my article “Epistemically Pernicious Groups and the Groupstrapping Problem” (Boyd, 2018), Bert Baumgaertner (“Groupstrapping, Boostrapping, and Oops-strapping: A Reply to Boyd”) and C. Thi Nguyen (“Group-strapping, Bubble, or Echo Chamber?”) have raised interesting questions and opened lines of inquiry regarding my discussion of what I hope to be a way to help make sense of how members of groups can continue to hold beliefs that are greatly outweighed by countervailing evidence (e.g. antivaxxers, climate-change deniers, etc.). Here (...) I respond to these arguments and suggestions by providing three new reasons to believe that groupstrapping as I describe it occurs in epistemically pernicious groups. (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 paper looks at the history of the problem of individuation from Plato to Whitehead. Part I takes as its point of departure Reiner Wiehl’s interpretation of the different meanings of “abstract” in the metaphysics of Alfred North Whitehead and arrives at a corresponding taxonomy of different ways things can be called concrete. Part II compares the way philosophers in different periods understand the relation between thought and intuition. The view mostly associated with ancient philosophy is that thought and sense-perception (...) target different kinds of objects. The view mostly associated with modern philosophy (although it was introduced by the Stoics) is that thought and sense-perception are different ways of targeting the same objects. These differences have specific consequences for theories of individuation, which are assessed historically in Part III and then applied to Whitehead’s difficult texts in part IV. (shrink)

In this chapter, I describe my “post-diagnosis” experiences as the parent of an autistic child, those years in which I tried, but failed, to make sense of the overwhelming and often nonsensical information I received about autism. I argue that immediately after being given an autism diagnosis, parents are pressured into making what amounts to a life-long commitment to a therapy program that (they are told) will not only dramatically change their child, but their family’s financial situation and even their (...) entire mode of existence. Moreover, despite information overload, many treatment programs for autism rely on empty jargon and make completely unrealistic promises, so parents are left feeling overwhelmed and panicked. Even well respected therapy programs encourage parents to spend liberally. Indeed, autistic therapists, who help construct what I refer to as the Culture of Autism, advise parents to commit to a minimum of 35 to 45 hours of intensive therapy every week. The implications are clear: for a parent who works full-time, their autistic child becomes a second full-time job. Autism is big business right now, and therapists are pushing parents to the brink of desperation. So it is not too surprising that there is a desperate cry for a more permanent solution—which is why researchers seek to cure autism. But there are two ways to conceptualize cure. A Therapeutic Cure model (TC) conceives of a cure as a beneficial treatment for the patient that eliminates or ameliorates the harms of the disease or condition. But the notion of a therapeutic cure for autism is highly implausible, given the complexities of autism. Indeed, at this point, the vast majority of researchers have come to the conclusion that the idea of a therapeutic cure for autism is simply a non-starter. Therefore the bulk of research seeking a cure for autism focuses instead on a second approach, which I refer to as the Negative Eugenics Cure model (NEC). With this model, the intention is to eliminate the disease or condition without regard for the health or well-being of the organism carrying the disease or condition. So, with regard to autism, researchers are focusing on identifying genetic markers for autism that can be detected in utero, or in embryos, so that autistic fetuses can be eliminated and autism eradicated by preventing the existence of autistic individuals. I review both models and argue that both fail to provide convincing arguments that the “solution” either offers is desirable. Both rest on the assumption that autism renders a life not worth living which, all things considered, is false. Instead of pushing to cure autism, an idea pervasive in this Culture of Autism, I contend that autistics are individuals with lives worth living. Moreover, rather than expend millions on research to search for the means to eliminate autism, we should instead expend our resources to ensure autistic individuals have access to support they may need. If the phenomenology of autism were better understood and appreciated, the panicked demand for a cure for autism might abate and perhaps autism could be seen as having value in and of its own right. (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)

This essay In this essay develops and defends the view that a “self “ is nothing but a creature that bears the property of selfhood, where bearing selfhood is, in turn, nothing but having the capacity to deploy self-representations. Self-representations, it is argued, are very special things. They are distinguished from other sorts of representations,not by what they represent – mysterious inner entities called selves, say -- but by how they represent what they represent. A self-representation represents nothing but a (...) living human animal but it does do in a special way. It follows that a "self" is not a thing that a living human animals has or contains within, but something a living human animal is. The view defended represents a principled middle ground between Cartesianism and Factionalism or Eliminativism about the self. (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)

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)

The similarity between the interaction pattern of neurons in the human brain and the ant colony makes the latter an object of the hypothesis of being a structure capable of having a consciousness. In this article, Thomas Nagel's definition of consciousness as something that is to be for an organism becomes fundamental for the examination of it as a possible experiential subject. The ant colony, if considered an organism, could be a subject capable of having internal experiences. Therefore, in this (...) article, I developed based on Panpsychism, criteria for colony analysis, presenting which characteristics it must meet in order to be qualified as conscious. I do not argue that the ant colony is a genuine organism, but that, if it is, it will have some kind of conscious experience. In dealing with this question, I examine whether the colony is a biological individual, and then, whether it is possible for the ants' minds to underlie the colony's mind. I conclude that, based on how the parts interact with the whole, there may be more than one resolution to the problem, that is, the colony's consciousness depends on the way how its components are physically and phenomenally integrated. (shrink)

Traditional theists are, with few exceptions, global semantic realists about the interpretation of external world statement. Realism of this kind is treated by many as a shibboleth of traditional Christianity, a sine qua non of theological orthodoxy. Yet, this love affair between theists and semantic realism is a poor match. I suggest that everyone (theist or no) has compelling evidence drawn from everyday linguistic practice to reject a realist interpretation of most external world statements. But theists have further reason to (...) forswear this view, because those who insist on global semantic realism open themselves to the charge of hubris of a theologically inappropriate kind. If the arguments in this paper are sound, then neither God nor any of us have reason to apply a realist interpretation to all or even most statements about the external world. (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)

Cross-cultural comparisons face several methodological challenges. In an attempt at resolving some such challenges, Nathan Sivin has developed the framework of “cultural manifolds.” This framework includes all the pertinent dimensions of a complex phenomenon and the interactions that make all of these aspects into a single whole. In engaging with this framework, Anna Akasoy illustrates that the phenomena used in comparative approaches to cultural and intellectual history need to be subjected to a continuous change of perspectives. Writing about comparative history, (...) Warwick Anderson directs attention to an articulation between synchronic and diachronic modes of inquiry. In addition, he asks: If comparative studies require a number of collaborators, how does one coordinate the various contributors? And how does one ensure that the comparison is between separate entities, without mutual historical entanglement? Finally, how does comparative history stack up against more dynamic approaches, such as connected, transnational, and postcolonial histories? Gérard Colas, for his part, claims that comparisons cannot allow one to move away from the dominant Euroamerican conceptual framework. Should this indeed be the case, we should search for better ways of facilitating a “mutual pollination” between philosophies. Finally, Edmond Eh first asserts that Sivin fails to recognize the difference between comparisons within cultures and comparisons between cultures. He then argues that the application of generalism is limited to comparisons of historical nature. (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)

A semelhança entre o padrão de interação dos neurônios do cérebro humano e a colônia de formigas torna esta última objeto da hipótese de ser uma estrutura apta a ter uma consciência. Assim, a definição de Thomas Nagel da consciência como algo que é ser para um organismo se torna basilar para o exame dela como um possível sujeito experiencial. A colônia de formigas, se considerada um organismo, poderia ser um sujeito apto a ter experiências internas. No entanto, a falta (...) de um princípio geral de organização psicofísica afeta a ideia de mente na teoria de Nagel. Por isso, desenvolvemos com base no Pampsiquismo, critérios de análise da colônia, apresentando quais características ela deve atender para ser qualificada como consciente. Dessa maneira, ela se torna um modelo apropriado para o exame do argumento de Nagel. Não defendemos que a colônia de formigas é um organismo genuíno, mas que, caso seja, terá algum tipo de experiência consciente. No tratamento dessa questão, examinamos a abordagem enativa para o sistema vivo, a fim de verificar se a colônia é um indivíduo biológico, e, em seguida, à luz do combinacionismo, se é possível que as mentes das formigas embasem a mente da colônia. Concluímos que, a partir do modo de interação das partes com o todo, pode haver mais de uma resolução para o problema, i.e., a consciência da colônia depende do modo como seus componentes estão física e fenomenalmente integrados. (shrink)

Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...) first, that we should conceive of epistemic bubbles and echo chambers as types of epistemically pernicious groups, and second, that while analyses of such groups have typically focused on relationships between individual members, at least part of what such groups epistemically pernicious pertains to the way that members rely on the groups themselves as sources of information. I argue that member reliance on groups results in groups being attributed a degree of credibility that outruns their warrant, a process I call groupstrapping. I argue that by recognizing the groupstrapping as an illicit method of forming and updating beliefs we can make progress on some of the open questions concerning epistemically pernicious groups. (shrink)