The sense of form that provides the modern poet with a unique experience of the literary object has been crucial to various attempts to compare poetry to other cultural activities. In maintaining similar conceptions of the relationship between poetry and painting, Arthur Rimbaud and W. C. Williams establish a common basis for interpreting their creative work. And yet their poetry is more crucially concerned with the sudden emergence of visible "worlds" containing verbal objects that integrate a new kind of (...) literary text. This paper discusses the emergence of "aesthetic worlds" in the work of both poets and then examines how a common concern with Baroque form unites them in the phenomenological task of overcoming Cartesian dualism. (shrink)

Unless one embraces activities as foundational, understanding activities in mechanisms requires an account of the means by which entities in biological mechanisms engage in their activities—an account that does not merely explain activities in terms of more basic entities and activities. Recent biological research on molecular motors exemplifies such an account, one that explains activities in terms of free energy and constraints. After describing the characteristic “stepping” activities of these molecules and mapping the stages of those steps onto the stages (...) of the motors’ hydrolytic cycles, researchers pieced together from images of the molecules in different hydrolyzation states accounts of how the chemical energy in ATP is transformed in the constrained environments of the motors into the characteristic activities of the motors. We argue that New Mechanism’s standard set of analytic categories—entities, activities, and organization—should be expanded to include constraints and energetics. Not only is such an expansion required descriptively to capture research on molecular motors but, more importantly from a philosophical point of view, it enables a non-regressive account of activities in mechanisms. In other words, this expansion enables a philosophical account of mechanistic explanation that avoids a regress of entities and activities “all the way down.” Rather, mechanistic explanation bottoms out in constraints and energetics. (shrink)

Stanley Cavell isn't the first to arrive at philosophy through a life with music. Nor is he the first whose philosophical practice bears the marks of that life. Much of Cavell's life with music is confirmed for the world in his philosophical autobiography Little Did I Know. A central moment in that book is Cavell's describing the realization that he was to leave his musical career behind – for what exactly, he did not yet know. He connects the memory-shock of (...) this leaving with "the work of mourning." How does such a life out of music inform Cavell's philosophical sensibility? The thought I follow in this essay is that Cavell's distinctive orientation in philosophy – call this his lifelong coming to terms with his abandoning a life in music – is guided in part by an interest in those moments in experience where words seem to run out, or veer toward nonsense, leaving in their wake touchstones of ecstasy. I explore this idea by summarizing my exchange with Stanley Cavell years ago when I asked him whether certain passages from his essay "Music Discomposed" are depictions of the unsayable. Cavell's response is elaborated, or qualified, by considering a pair of moments in Little Did I Know where words appear to run out. I conclude by discussing culminating thoughts on the burden borne by words and their failure that appear in Cavell's late essay on music, "Impressions of Revolution.". (shrink)

In seeking to clarify the concept of conflict of interest (COI) in debates about physician–industry relationships, Howard Brody (2011) highlights the extent to which the prob- lem turns on a common pejorative understanding of COI. Whether it is the academic or public policy “pharmapologists” or “pharmascolds” talking about COI, there is often a straightforward and overly simplistic correlation made: that is, a conflict of interest—by definition—leads to fraudulent or corrupt behavior. The same type of reasoning is com- monly found in (...) discussions about COI outside the health sciences, most notably in news stories about the awarding of government contracts or the behaviour of corporate executives. The problem is that in focusing on dramatic failures to manage COI (e.g., around Vioxx), there is a tendency to strongly associate COI with extreme forms of financial and even criminal misconduct, leaving the public, policymakers, academics, and professionals with a skewed and limited understanding of the concept. (shrink)

This précis summarizes the main topics, arguments and conclusions of the book. Many interesting arguments and critiques have, of course, been omitted in order to make this summary appropriately brief.

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

مدخل عن فلسفة جيل دولوز وفليكس غواتاري في الدولة والعنف.

Cheney’s claim that there is a subtextual affinity between ancient Stoicism and deep ecology is historically unfounded, conceptually unsupported, and misguided from a scholarly viewpoint. His criticisms of Stoic thought are thus merely ad hominem diatribe. A proper examination of the central ideas of Stoic ethics reveals the coherence and insightfulness of Stoic naturalism and rationalism. These Stoic concepts fit well with a rational social ecology (like Murray Bookchin's) which is sensitive to the unique capacities and unique responsibilities of human (...) beings. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

Why should we be means-end rational? Why care whether someone’s mental states exhibit certain formal patterns, like the ones formalized in causal decision theory? This paper establishes a dominance argument for these constraints in a finite setting. If you violate the norms of causal decision theory, then your desires will be aptness dominated. That is, there will be some alternative set of desires that you could have had, which would be more apt (closer to the actual values fixed by your (...) sensibility/ what you intrinsically care about) no matter which world is actual. If we care about having apt desires, then, we should never let ourselves violate these norms of means-end rationality. This argument shares a form with now-standard accuracy arguments for probabilism, opening up a new terrain for that discussion. I show that the foundational assumptions about the shape of accuracy and of aptness required to run the arguments for means-end rationality and for probabilism run closely parallel. I show the argument is robust under different theories of subjective actual value, including nonclassical treatments of indeterminacy in actual value; I show the argument may (but need not!) be generalized to objective theories of value. The upshot is that aptness-domination arguments for decision theories should be added to the philosophical playbook. (shrink)

A number of important religious views entail that the ontological and epistemic relations between religion and morality are tighter than most secular thinkers suppose. We will focus on three theistic metaethical accounts of moral phenomena and moral knowledge: natural law theories, divine command theories, and divine will theories. These three types of accounts are among the most dominant in the philosophical literature on theistic ethics in contemporary anglophone philosophy, perhaps owing to their connection to major Western religions such as Christianity, (...) Islam, and Judaism. It is important to note, however, that they hardly exhaust the conceptual space. Intellectual traditions of other religions such as Hinduism, Buddhism, Sikhism, traditional Chinese religions, and African religions raise distinct philosophical questions about and offer a host of alternative views on the relationship between religion and morality (Jeffrey 2019). We close by offering a few such examples, though it is outside the scope of this chapter to provide a comprehensive survey of available views. (shrink)

In *Here and There*, Stanley Cavell suggests that music, like speech, implicates the listener, so that our descriptions of music "are to be thought of not as discoveries but as impressions and assignments of meaning." Such impressions express what "makes an impression upon us," "what truly matters to us." Moreover, this aspect of music "is itself more revolutionary than ... any political event of which it could be said to form a part." I offer one indication of that significance by (...) considering a recent challenge to an old claim about the relation between jazz and democracy. Stanley Crouch claims that jazz practice is an emblem of democracy, while Benjamin Givan observes the undemocratic, hierarchical way that jazz musicians work together. But both positions rest on a limited notion of "democracy." I contrast it to the tradition in political thought that requires each citizen to find their own voice if they're to acquire the ability to govern themselves. Consequently, a better emblem of jazz's democratic advance lies in the challenge it presents to the attentive listener. Jazz listening is increasingly characterized by a learned culture of hearing what isn't played, hearing allusions, hearing unspoken interplay. The nature of this "hearing between the lines" parallels the tradition of esoteric writing in the history of political thought. It suggests that jazz's democratic importance is found in the listener's willingness to give voice to what she hears, not knowing whether her experience is shared by others or whether it singles her out, possibly for skepticism or ridicule. (shrink)

Understanding how biological organisms are autonomous—maintain themselves far from equilibrium through their own activities—requires understanding how they regulate those activities. In multicellular animals, such control can be exercised either via endocrine signaling through the vasculature or via neurons. In C. elegans this control is exercised by a well-delineated relatively small but distributed nervous system that relies on both chemical and electric transmission of signals. This system provides resources to integrate information from multiple sources as needed to maintain the organism. Especially (...) important for the exercise of neural control are neuromodulators, which we present as setting agendas for control through more traditional electrical signaling. To illustrate how the C. elegans nervous system integrates multiple sources of information in controlling activities important for autonomy, we focus on feeding behavior and responses to adverse conditions. We conclude by considering how a distributed nervous system without a centralized controller is nonetheless adequate for autonomy. (shrink)

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

This chapter presents the following hypothesis: There is a perfectly sensible conception of the mind, consciousness, the self, what we mean by ‘I,’ how we perceive and know, and how we remember and decide, all of which cohere amongst one another as well as with what we know about the brain, according to which it is possible for one person to experience directly the conscious states of another person. Not only can one person be directly aware of the conscious states (...) of another person, he can be more aware of them than their original owner. He can even be aware of them when their original owner will never be aware of them. Mindmelding is possible, and this possibility removes much of the force from the mind-body problem by removing the impasse caused by the belief in privacy. It removes what some philosophers saw as a need to posit strange metaphysical categories. The subject's sense of self can be separated from the object of her conscious awareness which can be bound to another's sense of self. (shrink)

This paper explores the evolution of consciousness and subjectivity through a biological framework for understanding the universe. It posits that functional patterns in biological systems mirror cosmic mathematical principles, defining our objective reality. Similar to wave and Fibonacci patterns in different physical phenomena, biological patterns are intrinsic to all things and can be quantified using Dedre Gentner’s approach to analogy. For example, Earth’s ocean currents and the melting and freezing of Antarctica resemble the circulatory system and heart, while the production (...) of music from instruments is analogous to ribosomal protein synthesis. Shelves, tables, and chairs function like cytosol by holding objects in space, and a coffee cup mirrors red blood cell distribution. These analogies reveal a universal order rooted in biology’s functional patterns, essential for shaping the emergence and evolution of life. The paper traces the development of consciousness from its rudimentary cellular states to complex human cognition, highlighting the role of biologically-patterned environments in driving evolutionary changes. Organisms that recognized and organized according to these patterns evolved as “pattern recognition engines” crucial for survival—thus, Life (survival) being the primary measure of consciousness. Humans advanced this capacity, gaining cognitive freedom by insulating themselves from environmental constraints, but faced increased subjectivity complexity. Consciousness, while inherently subjective and necessary for cognitive development, evolves in humans to understand objective reality and its biological nature, so to understand and navigate complexities of subjectivity. Ultimately, the paper asserts consciousness is the ability to recognize and adhere to life-sustaining patterns and principles. Successful adherence deems them worthy of continued existence, while failure leads to demise. Parallels with historical concepts like Atman and Brahman in Hinduism suggest ancient recognition of the correspondence between human and universal patterns. This ancient understanding, coupled with modern scientific evidence, reveals the interconnectedness and intrinsic biological nature of reality. (shrink)

When people confabulate, they make an ill-grounded claim that they honestly believe is true, for example recalling an event from their childhood that never actually happened. This interdisciplinary book brings together some of the leading thinkers on confabulation in neuroscience, psychiatry, psychology, and philosophy.

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)

In this paper, I defend a new theory of the nature and individuation of perceptual capacities. I argue that we need a theory of perceptual capacities to explain modal facts about what sorts of perceptual phenomenal states one can be in. I defend my view by arguing for three adequacy constraints on a theory of perceptual capacities: perceptual capacities must be individuated at least partly in terms of their place in a hierarchy of capacities, where these capacities include the senses (...) themselves; an adequate account of perceptual capacities must be sensitive to empirical considerations; and an adequate account should accommodate the nature of the capacity to perceive. I arrive at these constraints by considering how Schellenberg’s view fails, before defending and developing my alternative in line with the constraints. I defend a view on which there are few, coarse-grained perceptual capacities which can fulfil complex explanatory roles because they are evaluatively gradable on many axes. Finally, on my view, perceptual capacities bear a particularly close relation to the sensory modalities themselves. (shrink)

In the Fall of 1983, I offered a junior/senior-level course in Philosophy of Artificial Intelligence, in the Department of Philosophy at SUNY Fredonia, after returning there from a year’s leave to study and do research in computer science and artificial intelligence (AI) at SUNY Buffalo. Of the 30 students enrolled, most were computerscience majors, about a third had no computer background, and only a handful had studied any philosophy. (I might note that enrollments have subsequently increased in the Philosophy Department’s (...) AI-related courses, such as logic, philosophy of mind, and epistemology, and that several computer science students have added philosophy as a second major.) This article describes that course, provides material for use in such a course, and offers a bibliography of relevant articles in the AI, cognitive science, and philosophical literature. (shrink)

Wittgenstein's lack of sympathy for Shakespeare's works has been well noted by George Steiner and Harold Bloom among others. Wittgenstein writes in 1950, for instance: "It seems to me as though his pieces are, as it were, enormous sketches, not paintings; as though they were dashed off by someone who could permit himself anything, so to speak. And I understand how someone may admire this & call it supreme art, but I don't like it." Of course, the animosity of one (...) great mind for another has its own interest. But the interest here is increased by two factors: (1) Wittgenstein's brief but specific critique of Shakespeare's similes, of interest particularly since he identifies his own philosophical strength half-deprecatingly but still seriously as one of crafting beautiful similes; and (2) Wittgenstein's and Shakespeare's shared concern, as revealed in Stanley Cavell's writings, with the human impulse to skepticism. The present paper considers the importance of these two factors in weighing Wittgenstein's judgment. It suggests that Wittgenstein's frequent charge that Shakespeare is "completely unrealistic" is not a misunderstanding of the Bard (Wittgenstein distinguishes his "failure to understand" from others' willingness to misunderstand Shakespeare) but rather an expression of Wittgenstein's anxiety over Shakespeare's wholly original use of language to represent the sound of the raw motives to skepticism. (shrink)

I show that the Eternalist faces a trilemma. Given their theory of time, three claims are each very plausible, yet together form an inconsistent triad. Denying any one of these claims will have significant consequences for how they can conceive of the material realm. I urge that the best strategy is to deny the first claim, and show that this would have a significant consequence: Perdurantism is false.

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

Fading Foundations: Probability and the Regress Problem. By Atkinson David, Peijnenburg Jeanne.

Eating is a fundamental behavior in which all organisms must engage in order to procure the material and energy from their environment that they need to maintain themselves. Since controlling eating requires procuring, processing, and assessing information, it constitutes a cognitive activity that provides a productive domain for pursuing cognitive biology as proposed by Ladislav Kováč. In agreement with Kováč, we argue that cognition is fundamentally grounded in chemical signaling and processing. To support this thesis, we adopt Cisek’s strategy of (...) phylogenetic refinement, focusing on two animal phyla, Porifera and Placozoa, organisms that do not have neurons, muscles, or an alimentary canal, but nonetheless need to coordinate the activity of cells of multiple types in order to eat. We review what research has revealed so far about how these animals gather and process information to control their eating behavior. (shrink)

Prima facie, rule-consequentialism as a moral theory would correlate with the concerns of an omnibenevolent being should one exist. Indeed, such a being would be divine, and under the lenses of the three Abrahamic religions, would inter alia, also be omnipotent and omniscient. In this paper, I consider the attitude of such a being to rule-consequentialism in human society. I argue, from a probabilistic perspective, that the evidence of Abrahamic scripture confirms, to a degree, that God would judge rule-consequentialism to (...) be a sound moral theory in different societies. I also consider a similar argument from a secular perspective. (shrink)

It is a matter of fact—and has been so for a considerable amount of time—that philosophy is taught at the pre—college level. However, to teach philosophy at that (or at any) level is one thing; to teach it well is quite another. Fortunately, it can be taught well, as a host of successful experiences and programs have shown. But in what ways can it be taught? Are there differences in the ways in which it can or should be taught at (...) the pre-college level from the ways in which it is taught in college? Are there differences in the ways in which it can or should be taught at the elementary-school level from ways in which it can or should be taught at the secondary-school level? There are other questions, of a similar nature, that the beginning college-level teacher of philosophy might ask: “I have never taught Introduction to Philosophy before; how should I go about it?” And there is a further question: Should it be taught at all? This question can, of course, be raised at any educational level, but it is especially acute at the elementary level. (shrink)

This chapter shows that mindmelding is metaphysically possible, i.e., that it does not violate any laws governing the metaphysical nature of reality. Metaphysical issues are fundamental and lie at the core of the most difficult parts of the problems of privacy and the mind-body problem itself. There is nothing stopping us from placing the idea of mindmelding on clear, unproblematic, and plausible metaphysical foundations. It is argued that the position of privacy is the one on shaky metaphysical grounds. Two metaphysical (...) theses are examined: the thesis of privacy, and the idea that all conscious states must have a subject, which is called ‘inseparability’ because it posits that the subject is inseparable from the conscious state. (shrink)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms (long noted by theorists like William Connolly and Quentin Skinner), as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

An important question in the current debate on the epistemic significance of peer disagreement is whether evidence of evidence is evidence. Fitelson argues that, at least on some renderings of the thesis that evidence of evidence is evidence, there are cases where evidence of evidence is not evidence. I introduce a condition and show that under this condition evidence of evidence is evidence.

Although at first glance, “facts” are the paradigms of straightforwardness, something about facts seems to invite perpetual controversy and dichotomizing. Innumerable bifurcations on the topic have included "Facts vs. Theories”, “Facts vs. Appearance”, "Facts vs. Values", ... and, popular nowadays, "(Real)Facts vs. Fake Facts". This paper most aligns with the facts vs. theories model, so far as whatever facts are, theories seem to be constructed stories that are necessary for connecting and interpreting the facts. Yet the boundary between the two (...) is fluid and fuzzy: Fact in one context is theory in another, depending on what is being accepted or contested at the time. This paper’s views are compatible with—but neutral on the plausibility of having—an optimism like Peirce’s that scientific inquiry may nonetheless converge towards a consensus. To illustrate the challenges of finding “straightforward” facts, the paper includes a case example, related to research on possible health effects of exposure to electromagnetic-field radiation (EMF). _ The source paper for this 2018 update was originally presented at the University of Waterloo 30th Anniversary Philosophy Conference, 1993. (shrink)

Imagine that you are part of the editorial board of a young bioethics journal committed to publishing open access (OA) and to ensuring accessibility to high quality and innovative scholarship. To support junior and interna- tional scholars who might not otherwise find places for their work in the leading Western bioethics journals, you do not charge author fees. Imagine also that you have no financial resources to pay for a professional website, auto- mated submissions manager, or even a part-time coordina- (...) tor: Your government has cut all grants for journals, you cannot go to industry for private funding because of the evident risk of apparent conflicts of interest, and your strapped-for-cash institution cannot afford to offer you any support. If one of the major publishers were to approach you to sign a deal, the temptation would be strong to accept. However, this would likely mean putting aside your ideals: It would be impossible to stay a “Green OA” publication (i.e., free of author publication charges) or supportive of junior and international scholars (because of pressures to “increase credibility” through artificially high rejection rates, for example). (shrink)

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

We advance an account that grounds cognition, specifically decision-making, in an activity all organisms as autonomous systems must perform to keep themselves viable—controlling their production mechanisms. Production mechanisms, as we characterize them, perform activities such as procuring resources from their environment, putting these resources to use to construct and repair the organism's body and moving through the environment. Given the variable nature of the environment and the continual degradation of the organism, these production mechanisms must be regulated by control mechanisms (...) that select when a production is required and how it should be carried out. To operate on production mechanisms, control mechanisms need to procure information through measurement processes and evaluate possible actions. They are making decisions. In all organisms, these decisions are made by multiple different control mechanisms that are organized not hierarchically but heterarchically. In many cases, they employ internal models of features of the environment with which the organism must deal. Cognition, in the form of decision-making, is thus fundamental to living systems which must control their production mechanisms. (shrink)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a severe violation (...) of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

Argues that choice, as a form of interpretation, is completely intertwined with the development of both sexual orientation and sexual identity. Sexual orientation is not simply a given, or determined aspect of personality.

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

In their Why Machines Will Never Rule the World, Landgrebe and Smith (2023) argue that it is impossible for artificial general intelligence (AGI) to succeed, on the grounds that it is impossible to perfectly model or emulate the “complex” “human neurocognitive system”. However, they do not show that it is logically impossible; they only show that it is practically impossible using current mathematical techniques. Nor do they prove that there could not be any other kinds of theories than those in (...) current use. Even if perfect theories were impossible or unlikely, perfection may not be needed and may even be unhelpful. (shrink)

Gerald Gaus argued in his 1996 book Justificatory Liberalism that proponents of public reason liberalism should attempt to ground their position in a specific epistemology. Critics of public reason liberalism such as David Enoch have also argued that public reason liberals need to elucidate their epistemic claims. Surprisingly, few public reason liberals have taken up Gaus and Enoch on their challenge. This paper will interact with the epistemological position undergirding the public justification principle, access internalism, arguing that it fails. In (...) its place, I put forward and defend proper functionalism as the better grounding epistemology, and then defend the new theory from possible objections. The result will be a synthesis of Nicholas Wolterstorff’s version of liberalism and an externalist version of convergence public reason liberalism. (shrink)

Catalan translation, introductory study and notes on W. K. Clifford’s “The Ethics of Belief”. Published in Clifford, W.K. “L’ètica de la creença”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 129–150. // Catalan translation, introductory study and notes on William James’s “The Will to Believe”. Published in James, William. “La voluntat de creure”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 151–172. [Introductory study published in Oya, Alberto. “Introducció. El debat entre W. K. Clifford i William James”. Quaderns (...) de Filosofia, vol. III, n. 2 (2016), pp. 123–127]. (shrink)

Many philosophers have claimed that we might do well to adopt a hybrid theory of well-being: a theory that incorporates both an objective-value constraint and a pro-attitude constraint. Hybrid theories are attractive for two main reasons. First, unlike desire theories of well-being, hybrid theories need not worry about the problem of defective desires. This is so because, unlike desire theories, hybrid theories place an objective-value constraint on well-being. Second, unlike objectivist theories of well-being, hybrid theories need not worry about being (...) overly alienating. This is so because, unlike objectivist theories, hybrid theories place a pro-attitude constraint on well-being. However, from the point of view of objectivists, hybrid theories are not objectivist enough, and this can be seen clearly in missing-desires cases. For instance, hybrid theories entail that, if someone lacks the desire for health, then health is not a component of her well-being. This, objectivists say, is implausible. It is obvious, objectivists say, that someone’s life goes better for herself inasmuch as she is healthy, and hence that health is a component of her welfare. This paper focuses on the missing-desires objection (as leveled by objectivists) to hybrid theories of well-being. My argument is that the missing-desires objection can be answered in a way that is generally convincing and, in particular, in a way that pays a good deal of respect to objectivist intuitions about well-being. My hope, then, is that this paper will help to persuade objectivists about well-being to become hybrid theorists. (shrink)

This paper proposes a semantics for free choice permission that explains both the non-classical behavior of modals and disjunction in sentences used to grant permission, and their classical behavior under negation. It also explains why permissions can expire when new information comes in and why free choice arises even when modals scope under disjunction. On the proposed approach, deontic modals update preference orderings, and connectives operate on these updates rather than propositions. The success of this approach stems from its capacity (...) to capture the difference between expressing the preferences that give rise to permissions and conveying propositions about those preferences. (shrink)

Mathematicians, physicists, and philosophers of physics often look to the symmetries of an object for insight into the structure and constitution of the object. My aim in this paper is to explain why this practice is successful. In order to do so, I present a collection of results that are closely related to (and in a sense, generalizations of) Beth’s and Svenonius’ theorems.

Suppose that an altruistic agent who is uncertain between evidential and causal decision theory finds herself in a situation where these theories give conflicting verdicts. We argue that even if she has significantly higher credence in CDT, she should nevertheless act in accordance with EDT. First, we claim that the appropriate response to normative uncertainty is to hedge one's bets. That is, if the stakes are much higher on one theory than another, and the credences you assign to each of (...) these theories are not very different, then it is appropriate to choose the option that performs best on the high-stakes theory. Second, we show that, given the assumption of altruism, the existence of correlated decision makers will increase the stakes for EDT but leave the stakes for CDT unaffected. Together these two claims imply that whenever there are sufficiently many correlated agents, the appropriate response is to act in accordance with EDT. (shrink)