This chapter contains section titled: Kepler's New Astronomy Kepler's New Science of Vision Galileo and the Telescope Galileo and the Creation of Mathematical Physics Mersenne and the New Science.

The purpose of this note consists of discrete rational reconstruction which took place during the years 1609-1630 and 1630-1666, ie, the year of the publication of their Astronomia Nova and the year of death of the great German astronomer Johannes Kepler, and the subsequent range from desperate to knowledge of these laws of planetary motion, by the English scientist Sir Isaac Newton.

The year 2009 has been a year of numerous commemorations of both scientific and non-scientific achievements that contributed to the advancement of human kind. Protestants celebrated the 500th anniversary of the birth of Calvin; literary critics celebrated the 200th anniversary of the poet Edgar Allan Poe; and the musical genius Felix Mendelssohn-Bartholdy was also born 200 years ago. 2009 further marked the bicentennial of the birth of Louis Braille, the inventor of Braille; and Abraham Lincoln, the 16th president of the (...) United States, who founded the National Academy of Sciences. Pierre Curie, famous for his work on radioactivity that he conducted together with his wife Marie Curie, was born 150 ago; as was John Dewey, a philosopher and psychologist who is recognized as one of the founding fathers of both pragmatism as well as functional psychology. UNESCO and the International Astronomical Union dubbed 2009 the International Year of Astronomy. By doing so, astronomers celebrated the 400th anniversary of Galileo Galilei’s telescopic observations as well as the publication of Johannes Kepler’s Astronomia nova wherein he formulated the first two laws of planetary motion. 2009 also marked the last of a 3-year-long celebration of Planet Earth, another UNESCO-governed initiative. However, for evolutionary biologists and philosophers of science, 2009 will be largely remembered for its worldwide commemorations of the 200th anniversary of the birth of Charles Darwin, and the 150th anniversary of the publication of his magnum opus On the origin of species by means of natural selection. Footnote1 In order to pay tribute to Darwin’s major contribution to the advancement of evolutionary science, the International Union of Biological Sciences and the International Union of History and Philosophy of Science have called the year 2009 the Darwin Year. Given that so many scientific discoveries were commemorated, COPUS, the Coalition on the Public Understanding on Science, called out 2009 as the Year of Science, in the hope to pay equal tribute to both the field of biology as well as astronomy. 2009 was indeed a year of biology. Somewhat overshadowed by the big Darwin celebrations, smaller-scaled events were held to commemorate the 200th anniversary of the publication of Lamarck’s Philosophie Zoologique; and the 150th anniversary of the death of Alexander von Humboldt, the father of biogeography. In 1910, Constantin Mereschkowsky wrote his article on symbiogenesis entitled ‘The Theory of Two Plasmas as the Basis of Symbiogenesis, a New Study for the Origins of Organisms’. The article was published in the German Biologisches Zentralblatt, the journal that would later evolve into the current Theory in Biosciences. Somewhat forgotten, but equally important for the field of symbiogenesis, was the 200th anniversary of the birth of Pierre-Joseph Van Beneden, a Belgian paleontologist and zoologist famous for distinguishing parasitism from commensalism. Finally, Henry Bergson, known for inventing the currently rejected notion of élan vital, was born 150 years ago. In order to memorialize the important role these biologists played in the advancement of our understanding of the evolutionary process, a 2-day international conference was organized entitled: Evolution today and tomorrow, Darwin evaluated by contemporary evolutionary and philosophical theories. The conference was organized by The Centre for Philosophy of Science of the University of Lisbon (Portugal), in collaboration with the Centre for Environmental Biology of the same university, and the Lisbon Centre for Applied Psychology. The articles presented here are a spin-off of this conference. The current volumes contain the peer-reviewed articles of a selection of the plenary and invited speakers, as well as those of scholars who were additionally invited to contribute to the volumes. (shrink)

The strings of physics’ string theory are the binary digits of 1 and 0 used in computers and electronics. The digits are constantly switching between their representations of the “on” and “off” states. This switching is usually referred to as a flow or current. Currents in the two 2-dimensional programs called Mobius loops are connected into a four-dimensional figure-8 Klein bottle by the infinitely-long irrational and transcendental numbers. Such an infinite connection translates - via bosons being ultimately composed of 1’s (...) and 0’s depicting pi, e, √2 etc.; and fermions being given mass by bosons interacting in matter particles’ “wave packets” – into an infinite number of 8-Kleins. Each Klein 1) is one of the universe’s subuniverses (our own is 13.7 billion years old), 2) is made flexible through its binary digits which seamlessly, or almost seamlessly, join it to surrounding subuniverses and eliminate its central hole, and 3) possesses warped time and space because its foundation is the programmed curves in its mathematical Mobius loops (along with the twists they generate [p.7]). The universe functions according to the rules of fractal geometry. So the Mobius does not exist only at the cosmic level. It also manifests at the quantum scale, giving us photons and protons etc. Space and time are no longer separate, but are an indivisible space-time. So if space and the universe are infinite, how can time not be eternal? The past and the future must both extend forever (the idea of time being finite arises from confusion of our subuniverse with the one infinite universe). -/- BITS (Binary digiTS) only suggest existence of the divine if time is linear. Although a non-supernatural God is proposed via the inverse-square law coupled with eternal quantum entanglement, Einstein taught us that time is warped. Warped time is nonlinear, making it at least possible that the BITS composing space-time and all particles originate from the computer science of humans. -/- I suspect many readers will be content with reading this abstract. While there are more details, and mathematics, in the content; my natural style of writing is to avoid jargon and maths. I also tend to get philosophical. While I personally feel that there’s a lot of precious information in the content, I realize it won’t all be to everyone’s liking. Other subjects dealt with in this article are - the “Pioneer anomaly”, refinement of gravitational physics, dark energy and dark matter, quantum phenomena like mass and electric charge and quantum spin, Kepler’s laws of planetary motion, deflection of starlight by the sun, tides, falling bodies, Earth’s orbit, ancient Greek philosophers, Newton, Kepler, Galileo, Aristotle, Parmenides, Zeno of Elea, time travel into the past as well as the future, the elimination of distances in space, humanity’s construction of this universe we live in, The Law of Conservation of Matter-Energy, and support for the science-fiction-like idea of the electronic binary digits of 1 and 0 being the building blocks of our universe. (shrink)

Rene Descartes (1596 – 1650) is considered the founder of modern philosophy. Profoundly influenced by the new physics and astronomy of Kepler and Galileo, Descartes was a scientist and mathematician whose most long-lasting contributions in science were the invention of Cartesian coordinates, the application of algebra to geometry, and the discovery of the law of refraction, what we now call Snell’s law.His most important books on philosophy were The discourse on method(1637) and The meditations(1642). Descartes’ writings display an exemplary degree (...) of clarity and an aversion to pedantry. I explore Descartes' break with Aristotle, but also shine a light on the intellectual continuity Descartes had with Aristotle's thought. I also draw attention to some overlooked but interesting possibilities for an experimental test of a dualistic theory of mind. (shrink)

This paper proves a precisification of Hume’s Law—the thesis that one cannot get an ought from an is—as an instance of a more general theorem which establishes several other philosophically interesting, though less controversial, barriers to logical consequence.

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...) clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)

This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation is (...) not a complete causal law, since it does not include a reference either to contiguity or to temporal priority. It is still argued that because of the empirical success of Newton ’s theory—the law is a statement of an exceptionless repetition—Hume gives his support to it in interpreting gravity force instrumentally as if it bore a causal relation to motion. (shrink)

Poe's Law is roughly that online parodies of religious extremism are indistinguishable from instances of sincere extremism. Poe's Law may be expressed in a variety of ways, each highlighting either a facet of indirect discourse generally, attitudes of online audiences, or the quality of online religious material. As a consequence of the polarization of online discussions, invocations of Poe's Law have relevance in wider circles than religion. Further, regular invocations of Poe's Law in critical discussions have the threat of further (...) entrenching and polarizing views. (shrink)

Introduction: Prinz’s SentimentalismMany ethicists claim that one cannot derive an ought from an is. In others words, they think that one cannot derive a statement that has prescriptive force from purely descriptive statements. This thesis plays a crucial role in many theoretical and practical ethical arguments. Since, according to many, David Hume advocated a view along these lines, this thesis has been called ‘Hume’s Law’. In this paper, I adopt this widespread terminology, whether or not Hume did indeed take this (...) position. There are some notable exceptions among philosophers, such as John SearleSee John R. Searle, “How to Derive “Ought” from “Is”,” Philosophical Review, Vol. 73, No. 1, (1964), pp. 43–58. and Arthur Prior,See Arthur N. Prior, “The Autonomy of Ethics,” Australasian Journal of Philosophy, Vol. 38, No. 3, (1960), pp. 199–206. but most philosophers have embraced Hume’s Law. Recently, however, Hume’s Law has come under attack. In his book The Emotional Construction of Mor. (shrink)

Santiago Ramón y Cajal, the primary architect of the neuron doctrine and the law of dynamic polarization, is considered to be the founder of modern neuroscience. At the same time, many philosophers, historians, and neuroscientists agree that modern neuroscience embodies a mechanistic perspective on the explanation of the nervous system. In this paper, I review the extant mechanistic interpretation of Cajal’s contribution to modern neuroscience. Then, I argue that the extant mechanistic interpretation fails to capture the explanatory import of Cajal’s (...) law of dynamic polarization. My claim is that the definitive formulation of Cajal’s law of dynamic polarization, despite its mechanistic inaccuracies, embodies a non-mechanistic pattern of reasoning (i.e., design explanation) that is an integral component of modern neuroscience. (shrink)

In this paper, I argue for an interpretation of Hume's Law that sees him as dismissing all possible arguments from is to ought on the basis of a comparison with his famous argument on induction.

In 1596, in the Mysterium Cosmographicum, a twenty-five-year-old Johannes Kepler rashly banished lines from the universe. They “scarcely admit of order,” he wrote, and God himself could have no use for them in this “well-ordered universe.” Twenty-five years later, though, Kepler had come to repent the temerity of his youth. “O male factum!” he lamented in a 1621 second edition of the Mysterium – “O what a mistake” it was to dismiss lines, for linearity is revealed in those most perfect (...) and divine motions – the revolutions of the heavenly orbs. Why did Kepler come to lament the rashness of his youth? The answer lies deep in the details of Kepler’s discovery of elliptical orbits in 1605. Kepler struggled to find an empirically adequate description and physically plausible explanation of Mars’s path through the heavens. He realized, though, that his originally spherical notion of location and direction were insufficient to reconcile descriptions and explanations of the planet’s motion. Crucially inspired by the “magnetic philosophy” of William Gilbert, Kepler adopted an oriented conception of space, which finally allowed a plausible mechanism to be constructed for elliptical motion – the true path of the planet. Yet, this oriented space required the stipulation of straight lines. Without straight lines, even God could not construct the planets’ elliptical orbits. (shrink)

Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed this (...) aspect of Maimon’s philosophy in other places, and though the topic of the current paper has an interesting relation to certain doctrines of Spinoza, I will not develop this issue here. Neither of these two issues -- Maimon’s criticism of Kant or his original interpretation of Spinoza -- was considered by Maimon as his main contribution to philosophy. There is little doubt that if Maimon were asked to point out his single most important innovation he would have picked his doctrine of the Principle of Determinability [Satz der Bestimmbarkeit]. Regarding this doctrine Maimon writes: ... [T]he principle of determinability laid down in this work is a principle of all objectively real thought, and consequently of philosophy as a whole too. All the propositions of philosophy can be derived from, and be determined by it [woraus sich alle Sätze herleiten und wodurch sie sich bestimmen lassen]. … I have made available a supreme principle of all objectively real thought, viz., the principle of determinability... and have established as the ground of the whole of pure philosophy -- a principle which, if it is ever grasped, will, I hope, withstand every scrutiny. These claims may strike the reader as somewhat presumptuous, to say the least. But, if we pay attention to the last sentence of the passage, we can see that Maimon doubts whether his great finding will ever be understood. It is not unlikely that in this phrase (“wenn er nur einmal eingesehen werden wird”) Maimon was reacting to his own repeatedly unsuccessful attempts to explain the principle. The fate of Maimon’s principle has not been much better in the few works written on Maimon’s philosophy, and though almost all commentators agree that the principle of determinability is the linchpin of the positive philosophy Maimon was trying to develop, we do not yet have a clear explanation of this principle, or of the reason why Maimon assigns such importance to it. Recently, Oded Schechter developed an excellent reading of this principle, and in most aspects my view agrees with his (primarily, in its rejecting the attempt to explain the principle as a version of Leibniz’s predicate-in-subject [Praedicatum inest subjecto] containment thesis). My paper consists of two parts. The first is expository in nature. In this part, I spell out briefly the main aspects of Maimon’s principle of determinability and its aims. In the second part, I examine Maimon’s surprising claim that once we accept the principle of determinability, we have to deny the possibility of two subjects sharing the same predicate. Maimon provides several proofs for this highly counterintuitive claim, and I will try to clarify and evaluate these proofs. (shrink)

In this paper, we will motivate the application of specific rules of inference from the propositional calculus to natural language sentences. Specifically, we will analyse De Morgan’s laws, which pertain to the interaction of two central topics in syntactic research: negation and coordination. We will argue that the applicability of De Morgan’s laws to natural language structures can be derived from independently motivated operations of grammar and principles restricting the application of these operations. This has direct empirical consequences (...) for the hypothesised relations between natural language and logic. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the (...) same role as the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of (...) reasons, including because they show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

In the first few pages of chapter 4 of his Theological Political Treatise (1670), Spinoza defines his conception of the law. In fact, he defines the law twice, first in terms of compulsion or necessity and then in terms of use. I would like to investigate here these definitions, in particular the second one, as it is Spinoza’s preferred one. The difficulty with understanding this definition is that it contains an expression, ratio vivendi, that is repeated several times in the (...) first few pages of chapter 4, but, unless it is taken as a technical term referring to law as use, it is easy to mistake it as a casual expression that might mean different things each time. As a result, it is indispensable to turn to the Latin text to unlock the technical meaning of ratio vivendi. The result will be that Spinoza's conception of the law aligns with the epicurean conception of the law understood in terms of use. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

I argue that an individual has aspects numerically identical with it and each other that nonetheless qualitatively differ from it and each other. This discernibility of identicals does not violate Leibniz's Law, however, which concerns only individuals and is silent about their aspects. They are not in its domain of quantification. To argue that there are aspects I will appeal to the internal conflicts of conscious beings. I do not mean to imply that aspects are confined to such cases, but (...) the best way to start is to recognize them experientially. We can feel the conflicts within ourselves. In doing so we can feel some of our aspects. I will try to enhance our understanding of the concept of aspect by listing and formalizing some principles for its use. After that I will argue that all sorts of individual things have aspects, not just people who are conflicted. (shrink)

Karl Popper discovered in 1938 that the unconditional probability of a conditional of the form ‘If A, then B’ normally exceeds the conditional probability of B given A, provided that ‘If A, then B’ is taken to mean the same as ‘Not (A and not B)’. So it was clear (but presumably only to him at that time) that the conditional probability of B given A cannot be reduced to the unconditional probability of the material conditional ‘If A, then B’. (...) I describe how this insight was developed in Popper’s writings and I add to this historical study a logical one, in which I compare laws of excess in Kolmogorov probability theory with laws of excess in Popper probability theory. (shrink)

In this paper, I explore a tension between the Law in the novel The Island of Doctor Moreau, by H. G. Wells, and Kant's reciprocity thesis. The Law is a series of prohibitions that Moreau has his beasts recite. Moreau devotes his time to transforming animals through a painful surgery into beings that resemble humans, but the humanized beasts are constantly slipping back into animalistic habits, and so Moreau promulgates the Law to maintain decorum. Kant's reciprocity thesis states that free (...) will is the necessary and sufficient condition of moral practical laws. That is, in order for a moral practical law to be applicable, there must be free will, and, if free will is present, then there will be a moral practical law that sets a standard for the free will. However, in Wells's novel, the humanized beasts seem to lack free will. So, how can a law be applicable to them? By delving deeper into the mystery of Moreau's strange island, I will shed light on the otherwise cumbersome concepts of free will, natural impulses, and practical laws, as well as their interrelationships. The upshot will be a deeper understanding of personhood through an exploration of the instinctual nature of animals, moral law, and free will. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

As is generally known, Newton’s notion of universal gravitation surpassed various theories of particular gravities in the early modern age, as represented mainly by Kepler and Hooke. In his seminal work “Hooke and the Law of Universal Gravitation: A Reappraisal of a Reappraisal” Richard S. Westfall argues that Hooke could not reach beyond the concept of spatially bounded particular gravities, as he deployed the method of analogy between the material principle of congruity and incongruity and the extension of gravitational spheres (...) and their action at a distance. However, the doctrine of universal gravitation does not exclude the nature of particular gravities; it is predicated on the notion of an infinite expansion of individual-gravitational spheres and their uniform nature, namely the mutual and centripetal attraction. In my treatise I attempt to reinvestigate the nature and structure of gravitation, as established historically in the framework of Newtonian Classical Mechanics, by a method of structural intuition. It examines how the structural intuition, as represented in the celestial-mechanical intuitions of Hooke and Kepler, could unfold into an innovative process within the context of early modern mechanical philosophy, attaining thus a historical significance and legitimacy as against the prevailing Newtonian method of geometric-mathematical axiomatization of mechanical principles. It also explores the actual demonstrative features of the tidal phenomenon with regard to its lunar- and solar-gravitational causation, which has been considered to date to be an important piece of empirical evidence for the theory of universal gravitation. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) class='Hi'>laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Formally inclined epistemologists often theorize about ideally rational agents—agents who exemplify rational ideals, such as probabilistic coherence, that human beings could never fully realize. This approach can be defended against the well-known worry that abstracting from human cognitive imperfections deprives the approach of interest. But a different worry arises when we ask what an ideal agent should believe about her own cognitive perfection (even an agent who is in fact cognitively perfect might, it would seem, be uncertain of this fact). (...) Consideration of this question reveals an interesting feature of the structure of our epistemic ideals: for agents with limited information, our epistemic ideals turn out to conflict with one another. This suggests that we must revise the way we see ideal agents in epistemic theorizing. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, (...) or feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)

Formally-inclined epistemologists often theorize about ideally rational agents--agents who exemplify rational ideals, such as probabilistic coherence, that human beings could never fully realize. This approach can be defended against the well-know worry that abstracting from human cognitive imperfections deprives the approach of interest. But a different worry arises when we ask what an ideal agent should believe about her own cognitive perfection (even an agent who is in fact cognitively perfect might, it would seem, be uncertain of this fact). Consideration (...) of this question reveals an interesting feature of the structure of our epistemic ideals: for agents with limited information, our epistemic ideals turn out to conflict with one another. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

Prominent theories of the criminal law borrow heavily from the two leading theories of temptation—the evaluative conception of temptation, which conceives emotion and desire as essentially involving a kind of evaluation, and the mechanistic conception of temptation, which conceives emotion and desire as essentially involving felt motivation. As I explain, both conceptions of temptation are inconsistent with the possibility of akratic action, that is, action contrary to a person’s conscious better judgment. Both are inconsistent with the possibility of akratic action (...) because both are covertly inconsistent with a two-fold psychological assumption that undergirds common beliefs about human action and lies at the heart of the law of criminal responsibility: that resisting a powerful temptation is extremely difficult yet not ordinarily impossible. I reveal these inconsistencies and offer in place of the leading theories of temptation a theory of affective desire as primitive psychic attraction, an elemental psychological state typically accompanied by evaluation and motivation but not reducible to either one. I then show how this theory of desire is consistent with the possibility of akratic action, with the two-fold psychological assumption at the heart of the law of criminal responsibility, and, in particular, with the defense of provocation. (shrink)

The main goal of this paper is to investigate the relation between the meaning of a sentence and its truth conditions. We report on a comprehension experiment on counterfactual conditionals, based on a context in which a light is controlled by two switches. Our main finding is that the truth-conditionally equivalent clauses (i) "switch A or switch B is down" and (ii) "switch A and switch B are not both up" make different semantic contributions when embedded in a conditional antecedent. (...) Assuming compositionality, this means that (i) and (ii) differ in meaning, which implies that the meaning of a sentential clause cannot be identified with its truth conditions. We show that our data have a clear explanation in inquisitive semantics: in a conditional antecedent, (i) introduces two distinct assumptions, while (ii) introduces only one. Independently of the complications stemming from disjunctive antecedents, our results also challenge analyses of counterfactuals in terms of minimal change from the actual state of affairs: we show that such analyses cannot account for our findings, regardless of what changes are considered minimal. (shrink)

For years philosophers argued for the existence of distinct yet materially coincident things by appealing to modal and temporal properties. For instance, the statue was made on Monday and could not survive being flattened; the lump of clay was made months before and can survive flattening. Such arguments have been thoroughly examined. Kit Fine has proposed a new set of arguments using the same template. I offer a critical evaluation of what I take to be his central lines of reasoning.

This article presents a simple derivation of optimization models for reaction networks leading to a generalized form of the mass-action law, and compares the formal structure of Minimum Information Divergence, Quadratic Programming and Kirchhoff type network models. These optimization models are used in related articles to develop and illustrate the operation of ontology alignment algorithms and to discuss closely connected issues concerning the epistemological and statistical significance of sharp or precise hypotheses in empirical science.

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...) paper then moves to examine whether his halakhic ruling may help us in understanding which approach was Hirschensohn’s favorable belief, by investigating his halakhic ruling regarding autopsies. Hirschensohn permits to perform such surgeries, however subject to some halakhic limitations. The paper concludes that the naturalistic belief regarding death appears to be the more dominant one in his thought. Finally, I point out a few consequences of this paper, for addressing some contemporary ethical dilemmas regarding human corpses. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between (...) law and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...) laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

We show in this paper that the answer to the question in the title is in the negative. In modern optics, Snell’s law of reflection is derived using Leibniz’s calculus method that identifies the least time path, chosen by rays of light in going from a given point A, to another given point B, undergoing reflection at a point P on their way. We demonstrate, taking two examples of reflection: (1) at a plane reflector and (2) at elliptical reflector, that (...) Snell’s law of reflection is not a consequence of least time path principle and, that Leibniz’s method of derivation of Snell’s law of reflection is invalid. In (1), we prove that, if a light ray is reflected at point P on a line, along the least time path APB, then at every point Pi on that line, rays from A are reflected to point B, satisfying Snell’s law. However, paths, APB and APiB do not have equal travel times. In (2), we prove that, if a light ray is reflected along the least time path APB, from focus A to focus B incident at point P on an ellipse, satisfies Snell’s law, then points Pi, not lying on the ellipse, also reflect light rays from A to B, satisfying Snell’s law. However, the paths APB and APiB do not have equal travel times. Thus, both examples prove that least time path is not a criterion for reflection and, that Snell’s law of reflection is not a consequence of least time path principle. (shrink)

Book 1 of Plato’s Laws, and particularly the image of the puppet introduced near its end, has been traditionally interpreted as presenting the moral psychology model that underlies the educational system delineated by the Athenian Stranger, which construes virtue as consonance between the non–rational and the rational elements of the soul. But a different and competing conception of virtue looms large in Laws 1, virtue as victory of the best part of the soul in psychic conflict. This paper (...) argues that the Athenian’s conception of education as the correct conformation of originally conflicting psychic forces requires the simultaneous presence of the harmony and the conflict models of virtue in Laws 1. Education is in turn defined by calculation, the rational activity which persuasively leads the conflicting non–rational forces towards a consonant reciprocal rapport. By strategically developing his understanding of education and calculation in Laws 1, the Athenian shows how the harmony model of virtue overcomes the conflict model, while at the same time recognising that there is some truth to the conflict model after all and integrating it within the harmony model. (shrink)

During 17th century a scientific controversy existed on the derivation of Snell’s laws of reflection and refraction. Descartes gave a derivation of the laws, independent of the minimality of travel time of a ray of light between two given points. Fermat and Leibniz gave a derivation of the laws, based on the minimality of travel time of a ray of light between two given points. Leibniz’s calculus method became the standard method of derivation of the two (...) class='Hi'>laws. We demonstrate in this article that Snell’s law of reflection follows from simple results of geometry. We do not use the concept of motion or the time of travel in our demonstration. That is, time plays no role in our demonstration. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment (...) of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

Newton began his Principia with three Axiomata sive Leges Motus. We offer an interpretation of Newton’s dual label and investigate two tensions inherent in his account of laws. The first arises from the juxtaposition of Newton’s confidence in the certainty of his laws and his commitment to their variability and contingency. The second arises because Newton ascribes fundamental status both to the laws and to the bodies and forces they govern. We argue the first is resolvable, but (...) the second is not. However, the second tension shows that Newton conceives laws as formal causes of bodies and forces. This neo-Aristotelian conception goes missing in Kantian accounts of laws, as well as accounts that stress laws’ grounding in powers and capacities. (shrink)

In Plato’s Laws, the Athenian Stranger maintains that law should consist of both persuasion (πειθώ) and compulsion (βία) (IV.711c, IV.718b-d, and IV.722b). Persuasion can be achieved by prefacing the laws with preludes (προοίμια), which make the citizens more eager to obey the laws. Although scholars disagree on how to interpret the preludes’ persuasion, they agree that the preludes instill true beliefs and give citizens good reasons for obeying the laws. In this paper I refine this account (...) of the preludes by arguing that the primary purpose of the preludes is to motivate correct action, and that for citizens who lack rational-governance this is achieved via useful false beliefs. That is to say, in many cases, the prelude functions as a “noble lie” (γενναῖον ψεῦδος). (shrink)

A standard strategy for defending a claim of non-identity is one which invokes Leibniz’s Law. (1) Fa (2) ~Fb (3) (∀x)(∀y)(x=y ⊃ (∀P)(Px ⊃ Py)) (4) a=b ⊃ (Fa ⊃ Fb) (5) a≠b In Kalderon’s view, this basic strategy underlies both Moore’s Open Question Argument (OQA) as well as (a variant formulation of) Frege’s puzzle (FP). In the former case, the argument runs from the fact that some natural property—call it “F-ness”—has, but goodness lacks, the (2nd order) property of its (...) being an open question whether everything that instantiates it is good to the conclusion that goodness and F-ness are distinct. And in the latter case, the argument runs from the fact that that Hesperus has, but Phosphorus lacks, the property of being believed by the ancient astronomers to be visible in the evening sky to the conclusion that Hesperus and Phosphorus are distinct. Kalderon argues that both the OQA and FP fail because in neither case is there good reason to believe that both (1) and (2) are true. The reason we are tempted to believe that they are true is because we mistake de dicto claims for de re claims. In order for FP to go through, the truth of the following de re claims needs to be established: FP1) Hesperus was believed by the ancient astronomers to be visible in the evening sky. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...) that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)