'Consciousness' is not ontologically primary but is in fact a second-order phenomenon dependent on the ontologically primordial capacity to apprehend and identify elements of ordinary experience.

It shouldn’t be beyond the wit of human beings to come up with a few clear thoughts on this topic. If nothing else, we can treat this as a basic exercise in sceptical spiritual exploration. -/- But how exactly do we ‘take a look’? What ‘capacity’ do we use to do this? In other words, and to put it more crudely, which of our organs do we deploy in this (presumably important) quest for (presumably important) facts and answers? Do we (...) use our hearts, or our minds, or some other capacity? If not our hearts, or our minds, then which ‘bit’ of ourselves? Maybe something we haven’t yet thought of? -/- Invariably, in a discussion like this, there are going to be a number of twists, turns, dead-ends and open-ended question marks along the way, but as far as can be intuited right now, they’re all going to have ‘good value’. (shrink)

Going beyond Nagel and his ‘like a bat’: an exercise in primordial ontology, involving both conceptual clarification and observational drilling down.

This paper explores the characteristics of debilitating versus beneficial intersubjective engagements, by discussing the role of sin in the relational constitution of the self in Paul’s letter to the romans. Paul narrates ”sin’ as both a destructive holding environment and an interpersonal agent in a lethal embrace with human beings. The system of self-in-relation-to-sin is transactional, competitive, unidirectional, and domineering, operating implicitly within an economy of lack. Conversely, Paul’s account in romans of the divine action that moves persons into a (...) new identity of self-in-relationship demonstrates genuinely second-personal qualities: it is loving, non-transactional, non- competitive, mutual, and constitutive of personal agency. (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 study in the ontology of perceptual ‘meaning’, especially with regard to the fact that any particular meaning is always potentially replaceable by its polar opposite. -/- We’re picking up a thread here from where we left off in the previous article (Spiritual metaphysics #1) and taking another look at an aspect of the features of any basic perception. Disregarding (for now) the fact that all perceptions (of whatever kind; mental or sense perceptual) are always, as it were, ‘illumined’ by (...) their knowability, there is another remarkable (not to say astonishing!) ability inherent to perception which, though we are all well aware of it, yet we strangely refuse to entertain and explore its implications seriously. This prevents us from reaching a stage (in our thinking) where a kind of ‘transformative insight’ might occur. We seem to prefer instead to remain in a blinkered ‘mode of thought’ — a way of thinking and conceiving — which condemns us to remain in a type of straightened normality and ordinariness which, with a bit of sustained exploration and inquiry and intellectual analysis, we can actually ‘transcend’. Whether or not this is something we would want to do, is a question for each individual. It should be stressed again and again, however, that this supposed ‘transcendence’ has nothing whatsoever to do with meditation, mindfulness or any altered state of consciousness: it is wholly and purely a matter of coming to a ‘mental’ (meaning intellectual) insight. (shrink)

Abstract: Philosophy appears unwilling, or unable, to apprehend and elucidate the human metaphysical condition, especially in its primordial aspect as the human metaphysical predicament. This predicament is our ontological dissatisfaction, and ontological lack of knowledge as to how we might set about resolving our primordial predicament. Philosophy prefers to lose itself in secondary considerations and has nothing to say on the subject. This is partly due to the demands of metaphysical exploration, and partly due to philosophical ineptitude and self-mystification. Academic (...) philosophy should restrict itself to the methodology of critical thinking, and force other theoretical disciplines to justify themselves on their own terms, and not pretend they partake of a mystical resource called ‘philosophy’, which does not in fact exist. Metaphysics is the discipline primarily concerned with ultimate human fulfilment, and all other metaphysical considerations are secondary. (shrink)

What follows is going to be an exercise in elemental metaphysical observation and reflection. No special mystical, devotional or intellectual powers will be required: merely the ability to think slowly and carefully and clearly. -/- This short series is for anyone who wants to explore some simple lines of thought based in objective and sceptical self-observation at the most elemental level possible. Some paragraphs might occasionally be written in formal philosophical language, but if so these will always be followed by (...) explanations in the plainest of everyday terms such that anyone with an interest in the subject will be able to understand them. (shrink)

The purpose of this article is to sketch out a contrast between the kind of ‘philosophising’ practiced by the likes of Ludwig Wittgenstein (1889-1951) and those of a similar mindset; and ‘philosophising’ in the pursuit of an accurate understanding of one’s ordinary experiential existence, specifically with a view to achieving an insight into it, such that one might proceed in the direction of resolving the mystery at the core of our experience. (Whether or not this latter approach is any way (...) ‘meaningful’ or ‘sensical’ or ‘practicable’ etc will not be discussed here, but left for elsewhere.). (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)

I consider Ralph Waldo Emerson’s creative appropriation of a philosophical doctrine that helps to make sense of an attitude towards life, its gifts and its burdens, that is often expressed in Puritan diaries. The doctrine, now known as the doctrine of continuous creation, holds that in conserving the world, God re-creates it at every moment, making the same creative effort at each ever-advancing now that God made at the very beginning. Continuous creation was explicitly endorsed by at least one Puritan (...) diarist, Jonathan Edwards, and it helps to explain the intense self-inspection and valiant response to life to which other Puritan diarists (including Emerson's aunt, Mary Moody Emerson) testify. Continuous creation was an important ingredient in the idealism of Edwards and, once translated, it became an important ingredient in the idealism of Emerson. My primary aim to describe Emerson’s creative translation of the doctrine as Edwards understood it, but I also discuss Emerson's relation to the Puritan diary, considered as a literary form. I close by suggesting that for us, a version of the doctrine of continuous creation can perhaps be a source of optimism and an incentive to action, as I believe it was for Emerson. I also comment briefly on Emerson's grateful reliance on text-to-text translations. When Emerson studied translations of sacred texts from around the world, what he heard was not difference and dissent, but agreement: agreement on the very points that united him with Edwards, different as they were in other ways. (shrink)

Satori Zen is of immense interest to anyone pursuing authentic metaphysical knowledge because it claims to offer an astonishingly straightforward path to full Spiritual Enlightenment. And in terms of outright simplicity and immediate applicability, there is no other spiritual technique quite like it, in any other tradition anywhere. But does it do what it claims to do ? Can you really ‘power your way into heaven’ by brute meditative force ? And does this then mean that satori is equivalent to (...) Supreme Spiritual Enlightenment ? This essay will examine the key elements and claims of Satori Zen in the light of independent and objective metaphysical knowledge. (shrink)

The science of psychology is believed to consist of objective and meaningful knowledge about a realm of our own direct experiencing with which we are all intimate and familiar, yet about which we also feel we have very little understanding, and no real insight, and so feel inclined to submit to psychology as if it were revelatory and definitive. Society’s default attitude to psychology is one of deferential, if occasionally grudging, respect. The quasi-medical arm of psychology – psychotherapy - is (...) accorded a similar authority even when it appears to employ questionable methods and dubious reasoning. Yet our submissive, compliant attitude to these disciplines is deeply counterproductive to any serious quest for authentic metaphysical knowledge and self-fulfilment, because it effectively neutralises sceptical enquiry and intellectual self-reliance, both of which are essential precursors to, and indispensable features of, any meaningful commitment to metaphysical gnosis. And if one is to achieve clarity of thought and observational accuracy, it is especially important to approach one’s psychological capacities directly – without intermediary - in an independent and self-reliant spirit, free of the misguided and inappropriate interventions of psychology and psychotherapy, however well intended they might be. One should never allow one’s judgement to be distorted by specious theories formulated by people who can never know more about you than you can know about yourself. (shrink)

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

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

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

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

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

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

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

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

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)

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

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

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)

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

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (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)

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

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

The peculiarity of any social teaching, Catholic, Protestant or otherwise, is that it is an unsteady marriage between the dogmatically permanent beliefs and the perennially changing historical contexts. Any authentic and relevant social teaching needs to mirror a two-fold fidelity: Faithfulness to the universal truths to which the social teaching is a reflection, and loyalty to the historical contexts to which the social teaching is inextricably embedded. The merit of Cartagenas’s book Unlocking the church’s best kept secret is that it (...) epitomizes the wobbly balancing act that takes cognizance of this two-fold fidelity. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

Goethe once wisely remarked, in conversation with J.P. Eckermann (1825), “[a] great deal may be done by severity, more by love, but most by clear discernment and impartial justice.” Grayling’s new contribution to the popularization of philosophy, in this respect with regard to ethics, has achieved much by way of lowering to the rank and file, the wisdom of philosophical reflections in this moving, straightforward and lucidly argumentative book. However, much space in the severity and passion of the text leaves (...) ample room for improvement, better yet, enhancement, not so much by approaching his subjects with love as by treating the topics with impartiality. (shrink)

This article examines how Quine and Sellars develop informatively contrasting responses to a fundamental tension in Carnap’s semantics ca. 1950. Quine’s philosophy could well be styled ‘Essays in Radical Empiricism’; his assay of radical empiricism is invaluable for what it reveals about the inherent limits of empiricism. Careful examination shows that Quine’s criticism of Carnap’s semantics in ‘Two Dogmas of Empiricism’ fails, that at its core Quine’s semantics is for two key reasons incoherent and that his hallmark Thesis of Extensionalism (...) is untenable. The tension in Carnap’s semantics together with Quine’s exposure of the severe limits of radical empiricism illuminate central features of Sellars’s philosophy: the fully general form of the myth of givenness, together with Sellars’s alternative Kantian characterisation of understanding; the full significance of Carnap’s distinction between conceptual analysis and conceptual explication, and its important methodological implications; the specifically pragmatic character of Sellars’s realism; and Sellars’s methodological reasons for holding that philosophy must be systematic and that systematic philosophy must be deeply historically and textually informed. This paper thus re-examines this recent episode of philosophical history for its philosophical benefits and systematic insights. (shrink)

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

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)

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)

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)

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)

Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...) that these properties emerge in a distinctive way. They emerge in part because of a system that is far beyond and typically before the object that instantiates them. I characterize how emergence occurs in these cases, juxtaposing it with how emergence is typically discussed. I then consider whether their emergence is best framed as weak or strong as these notions are characterized in the literature, and I reveal what debates are central to answering this question. Though I will not resolve these debates, I do show a collection of views that would vindicate these properties as strongly emergent and downwardly causing. (shrink)

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

This paper offers a review of the catalogue composed by Myriam Vogelaar of one of the largest and most important collections of Fight Books and fencing manuals in the field of Historical European Martial Arts Studies (HEMAS). The Mokken Collection is named after Wiebe Mokken, the man who meticulously built it up over the past decades in Amsterdam. The book also highlights the glaring lack of contemporary knowlegde about other major historical fencing-related collections, like Gotti’s spectacular private collection held at (...) the Museo dell Arte Marziale in Brescia, Italy. Others, such as the Corble collection at the KU Leuven Libraries, recently published their catalogue on line. This catalogue thus constitutes an important milestone for this exciting and still relatively new subdomain in the field of European cultural studies, by making accessible one of the most important collections of source materials dedicated to it. (shrink)

C.S. Peirce held what is nowadays called a “commitment view” of assertion. According to this type of view, assertion is a kind of act that is determined by its “normative effects”: by asserting a proposition one undertakes certain commitments, typically to be able to provide reason to believe what one is asserting, or, in Peirce’s words, one “takes responsibility” for the truth of the proposition one asserts. Despite being an early adopter of the view, if Peirce’s commitment view of assertion (...) is mentioned at all in contemporary discussions it is only in passing. His view is, however, far more complex and nuanced than he has been given credit for. My primary goal here, then, is to get a better understanding of Peirce’s version of a commitment view of assertion. I also argue that figuring out the details of Peirce’s theory of assertion can also provide us with a viable way to respond to problems that contemporary commitment views of assertion face. (shrink)

One prominent argument for pragmatic encroachment (PE) is that PE is entailed by a combination of a principle that states that knowledge warrants proper practical reasoning, and judgments that it is more difficult to reason well when the stakes go up. I argue here that this argument is unsuccessful. One problem is that empirical tests concerning knowledge judgments in high-stakes situations only sometimes exhibit the result predicted by PE. I argue here that those judgments that appear to support PE are (...) better interpreted not as judgments that the epistemic demands for knowing increase as one’s practical situation becomes more demanding, but instead as judgments reflecting a different kind of normative epistemic evaluation, namely whether one is acting in an epistemically responsible way. The general idea is that when someone treats a proposition as a reason for acting we can evaluate them epistemically both in terms of whether they know that proposition, as well as in terms of whether they are acting on their knowledge in the right kind of way. My charge against the PE proponent, then, is that she is interpreting judgments that are indicative of whether we are adhering to certain normative epistemic requirements generally as being indicative of whether we have knowledge specifically. There are, however, normative epistemic requirements that make demands of us that are indicative of something other than our possession of knowledge. (shrink)

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

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

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)

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)