This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as (...) a tool of privilege and power – law is politics. Consequently, CLS maintained that these results to indeterminacy of law. Legal indeterminacy can be summed up as contrary to the common understanding that legal materials, statutes and case law, do not really answer legal disputes. Legal principles and doctrines, as CLS scholars claim, are said to be indeterminate, for it is riddle with gaps, conflicts, and anomalies that are widely present even in simple cases. Legal indeterminacy also rises because of the underlying political power – law is politics – that implicates law as merely a tool for oppression. This thesis shows that CLS assertions with legal indeterminacy is only grounded on ambiguity. On one hand, using the main concept of legal formalist logic and language grounded with sub-arguments: inherent generality of legal language, reasoned elaboration, and neutral principles, it refutes the CLS claims of legal indeterminacy. On the other, the paper maintains that their main reason of legal indeterminacy, ‘law is politics’, is merely a statement of fact that currently happens in society is sentimental and weak through counterexamples. (shrink)

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK (...) following its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

In this paper I outline a comprehensive theory of legal interpretation based on an assumption that legal text, understood as the aggregate of texts of all legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied. From the above premise (...) I will limit myself to drawing two conclusions for how legal interpretation should be carried out. First, I argue that the possible world described by the legal text has to be ‘accessible’ from the real world, i.e. it has to be feasible to transform the actual world into the described one. Were it otherwise, the possible world could not serve as a model for adjustment. The accessibility requirement imposes obligations on the interpreters to secure the rationality of the possible world decoded from the text, amongst other to secure that the description of this world is not contradictory and – as a consequence – the law of excluded middle is obeyed in the possible world described by the legal text. Secondly, I argue for the inevitability of interpretative discretion arising from the requirement to decode a sufficiently ‘saturated’ picture of the possible world., i.e. possessing enough properties to resemble the actual world. As texts have a limited number of sentences and worlds have an unlimited number of properties, interpreters have to supplement the picture of a possible world to achieve its coherence. This involves the inclusion of some additional, non-predetermined features that integrate with the properties of the world predefined by the legal text. This process of saturation consists of filling in so-called ‘places of indeterminacy’ (Roman Ingarden) with content implicated by other features of the possible world. I also argue that the discretion resulting from the necessity of filling in the places of indeterminacy is justified by the requirement of fulfilling the intention of the lawmaker to make the possible world described by the legal text real. The theory presented here is based on contemporary theories of discourse representation and so-called ‘text-world theory’ by J. Gavins. Phenomenalism and causal (historical) theories of reference provide its philosophical background. (shrink)

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The third criticism renders pardo’s (...) proposal redundant. a reconceptualization of second-order proof rules is offered. (shrink)

The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...) and other institutional things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (shrink)

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule (...) application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of (...) the rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen claims that (...) vagueness – correctly understood – has no function in law inter alia because judges lie systematically when confronted with borderline cases. I argue that both claims are wrong. First, judges do not need to resort to lying when adjudicating borderline cases, and even if they had to, this would not render vagueness useless. Secondly, vagueness has several important functions in law such as the reduction of decision costs and the delegation of power. Although many functions commonly attributed to the vagueness of legal expressions are in fact due to their generality or other semantic properties, vagueness has at least these two functions in law. (shrink)

It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the discussions (...) about the nature of legal interpretation. Transposing the problem of activism into the problem of interpretation allows the use of analysis tools that were previously unavailable. One of these tools are concepts emerged on the neopragmatist philosophy of Stanley Fish. Fish tries to describe the nature of the interpretation in the context of reader-response criticism and the concept of interpretive communities. Application of Fish's philosophy in the field of legal theory provides constructive conclusions about the concepts of judicial activism and judicial law-making. (shrink)

„O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem niniejszego tekstu jest (...) zaprezentowanie wybranych koncepcji poprawności wykładni prawa oraz ich krytyka w świetle neopragmatyzmu Stanley'a Fisha, filozofa prawa oraz profesora literaturoznawstwa, którego głównym przedmiotem refleksji był problem interpretacji. Filozofia amerykańskiego neopragmatysty opiera się na dwóch koncepcjach: reader-response criticism i wspólnotach interpretacyjnych. Reader-response criticism polega na skupieniu się na afektywnym aspekcie procesu interpretacji, uznając czytelnika za kluczową instancję tego procesu; koncepcja wspólnot interpretacyjnych z kolei ma wytłumaczyć, dlaczego podmiot interpretuje w taki a nie inny sposób. Zaproponowana przez Fisha metoda pozwala uznać, że de facto jedynym możliwym kryterium poprawności wykładni są inne decyzje sędziowskie. W świetle powyższych uwag wydaje się zasadnym stwierdzenie, że podejście Fisha umożliwia pogłębienie refleksji na temat jednej z kluczowych kwestii zarówno dla praktyki jak i teorii prawniczej, tj. poprawności wykładni prawa. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l (...) 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...) and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the (...) class='Hi'>legal context. The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

Many people look to religion to help resolve the serious moral and legal issues associated with assisted reproductive technologies. Doing so presupposes that religion is the cornerstone of ethics, but this assumption is not well founded. While various faiths are entitled to articulate their views on matters of human reproduction, the contradictions involved in doing so make it unwise to rely on religion in the formulation of law and policy. These contradictions – such as the indeterminacy about what (...) revealed truths means – make moral secular philosophy a better guide for the protection of human welfare. (shrink)

A number of analytical philosophers have recently endorsed the view that the world itself is indeterminate in some respect. Intriguingly, ideas similar to the view are expressed by thinkers from Chinese Madhyamaka Buddhism, which may shed light on the current discussion of worldly indeterminacy. Using as a basis Chinese Madhyamaka thought, together with Jessica Wilson’s account of indeterminacy, I develop an ontological conception of indeterminacy, termed ontic indeterminacy, which centres on two complementary ideas—conclusive indeterminability and provisional (...) determinability. I show that OI is well-equipped to tackle several issues of worldly indeterminacy. My overarching aim is to present a viable and sustainable perspective on the subject of indeterminacy to enrich analytical philosophers’ insights into the intricate nature of reality. (shrink)

Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of (...) course, a controversial matter. For example, some (such as Sorensen (2001) and Williamson (2002)) maintain that there is a precise height at which someone becomes tall and such apparent cases of indeterminacy merely reflects our ignorance of this fact. Others maintain that there is some genuine – and not merely epistemic – indeterminacy present is such cases and offer various accounts of how best to account for it. Supervaluationists (such as Keefe (2008)), for example, claim that the indeterminacy with respect to vague terms lies in their not having a single definite extension. Rather, each term is associated with a range of possible precise extensions or precisifications such that it is semantically unsettled which is the correct extension. One precisification of ‘tall’ might allow that anyone over five feet ten inches is tall, whereas another would only allow those over six foot to qualify; but no precisification will take someone who is five foot to be tall, and someone who is seven foot will count as tall on all precisifications. Thus – while someone who is seven foot will be determinately tall and someone who is five foot determinately not so – it will be indeterminate whether someone who stands at five foot eleven inches is tall. -/- Yet, it is important to stress that putative cases of indeterminacy are not limited to vague predicates of this kind. Philosophers have invoked indeterminacy in discussions of topics as diverse as moral responsibility (Bernstein (forthcoming)), identity over time (Williams (2014)), and the status of the future (Barnes and Cameron (2009)). In this paper, we focus on two areas where discussion of various kinds of indeterminacy has been commonplace: physics and fiction. We propose a new model for understanding indeterminacy across these domains and argue that it has some notable advantages when compared to earlier accounts. Treating physics and fiction cases univocally also indicates an interesting connection between indeterminacy in these two areas. (shrink)

The Indeterminacy of Translation and Radical Interpretation The indeterminacy of translation is the thesis that translation, meaning, and reference are all indeterminate: there are always alternative translations of a sentence and a term, and nothing objective in the world can decide which translation is the right one. This is a skeptical conclusion because what it … Continue reading The Indeterminacy of Translation and Radical Interpretation →.

One might suppose that Everettian quantum mechanics (EQM) is inhospitable to metaphysial indeterminacy (MI), given that, as A. Wilson (2020) puts it, "the central idea of EQM is to replace indeterminacy with multiplicity" (77). But as Wilson goes on to suggest, the popular decoherence-based understanding of EQM (henceforth: DEQM) appears to admit of indeterminacy in both world number and world nature, where the latter indeterminacy---our focus here---is plausibly metaphysical. After a brief presentation of DEQM (S1), we (...) bolster the case for there being MI in world nature in DEQM (S2). The remainder of the paper is devoted to a comparative assessment of the two main approaches to MI for purposes of accommodating this MI---namely, a metaphysical supervaluationist approach (as per Barnes and Williams 2011) and a determinable-based approach (as per Wilson 2013 and Calosi and Wilson 2018 and 2021). We briefly describe each approach (S3), then offer arguments in favour of a determinable-based approach to world nature MI in DEQM (S4). (shrink)

Suppose that you're certain that a certain sentence, e.g. "Frida is tall", lacks a determinate truth value. What cognitive attitude should you take towards it—reject it, suspend judgment, or what else? We show that, by adopting a seemingly plausible principle connecting credence in A and Determinately A, we can prove a very implausible answer to this question: i.e., all indeterminate claims should be assigned credence zero. The result is striking similar to so-called triviality results in the literature on modals and (...) conditionals. (shrink)

You may not know me well enough to evaluate me in terms of my moral character, but I take it you believe I can be evaluated: it sounds strange to say that I am indeterminate, neither good nor bad nor intermediate. Yet I argue that the claim that most people are indeterminate is the conclusion of a sound argument—the indeterminacy paradox—with two premises: (1) most people are fragmented (they would behave deplorably in many and admirably in many other situations); (...) (2) fragmentation entails indeterminacy. I support (1) by examining psychological experiments in which most participants behave deplorably (e.g., by maltreating “prisoners” in a simulated prison) or admirably (e.g., by intervening in a simulated theft). I support (2) by arguing that, according to certain plausible conceptions, character evaluations presuppose behavioral consistency (lack of fragmentation). Possible reactions to the paradox include: (a) denying that the experiments are relevant to character; (b) upholding conceptions according to which character evaluations do not presuppose consistency; (c) granting that most people are indeterminate and explaining why it appears otherwise. I defend (c) against (a) and (b). (shrink)

This paper discusses and relates two puzzles for indicative conditionals: a puzzle about indeterminacy and a puzzle about triviality. Both puzzles arise because of Ramsey's Observation, which states that the probability of a conditional is equal to the conditional probability of its consequent given its antecedent. The puzzle of indeterminacy is the problem of reconciling this fact about conditionals with the fact that they seem to lack truth values at worlds where their antecedents are false. The puzzle of (...) triviality is the problem of reconciling Ramsey's Observation with various triviality proofs which establish that Ramsey's Observation cannot hold in full generality. In the paper, I argue for a solution to the indeterminacy puzzle and then apply the resulting theory to the triviality puzzle. On the theory I defend, the truth conditions of indicative conditionals are highly context dependent and such that an indicative conditional may be indeterminate in truth value at each possible world throughout some region of logical space and yet still have a nonzero probability throughout that region. (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

This paper constructs a model of metaphysical indeterminacy that can accommodate a kind of ‘deep’ worldly indeterminacy that arguably arises in quantum mechanics via the Kochen-Specker theorem, and that is incompatible with prominent theories of metaphysical indeterminacy such as that in Barnes and Williams (2011). We construct a variant of Barnes and Williams's theory that avoids this problem. Our version builds on situation semantics and uses incomplete, local situations rather than possible worlds to build a model. We (...) evaluate the resulting theory and contrast it with similar alternatives, concluding that our model successfully captures deep indeterminacy. (shrink)

This paper examines two puzzles of indeterminacy. The first puzzle concerns the hypothesis that there is a unified phenomenon of indeterminacy. How are we to reconcile this with the apparent diversity of reactions that indeterminacy prompts? The second puzzle focuses narrowly on borderline cases of vague predicates. How are we to account for the lack of theoretical consensus about what the proper reaction to borderline cases is? I suggest (building on work by Maudlin) that the characteristic feature (...) of indeterminacy is alethic normative silence, and use this to explain both plurality and lack of consensus. (shrink)

Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an (...) explicit agreement, but could also operate through implicit endorsement of a social convention. However, there are important limits on when the mechanism can eliminate moral indeterminacy. (shrink)

This paper presents and discusses design studio outcomes developed in response to a studio brief linked to the Fun Palace Futures initiative of the Royal British Institute of British Architects (RIBA) in honour of architect Cedric Price and artist Joan Littlewood. The studio brief was collaboratively developed by the authors. Its core question was: How could the thoughts that guided the development and design of the Fun Palace – a project that was never built but is still today cited as (...) a model for thinking flexible and open architecture – be re-interpreted and renewed for the future? This line of thinking guided the initial and experimental research phase, during which students developed an understanding of what indeterminacy is or could be. The paper shows that through the translation of some of the essential principles of the Fun Palace project into pedagogical instruments, students were enabled to approach the questions of indeterminacy in an open and innovative manner. The paper argues that the use of a variety of media, which often went far beyond the conventional architectural pallet, and the introduction of media shifts were crucial in assisting the students in developing their own tools for creating a new kind of open and flexible architecture. The paper presents this pedagogic approach. We show that the conditions of indeterminacy, uncertainty, chance and change, hold potential for framing the design and creation of a new kind of dynamic architecture, and for initiating experimental architectural thinking in a design studio setting. (shrink)

In this article I address some questions concerning the emerging conjunction of musical research on improvisation and work in the ‘posthumanities’, in particular the theoretical results of the ‘ontological turn’ in the humanities. Engaging with the work of the composer John Cage, and George E. Lewis’s framing of Cage’s performative indeterminacy as a ‘Eurological’ practice that excludes ‘Afrological’ jazz improvisation, I examine how critical discourse on Cage and his conception of sound is relevant to the improvisation-posthumanities conjunction. After discussing (...) some criticisms of ontological and materialist approaches to sound, I consider the Actor-Network Theory (ANT) of Bruno Latour, posed as offering an alternative to these approaches. Following an examination of some limitations to ANT based around the themes of critique and abstraction, I draw from the work of Gilles Deleuze and Georgina Born to suggest that work on improvisation and the posthumanities may be fruitful, but must be part of a pluralistic mode of inquiry that does not reject critique and abstraction, as some work in the posthumanities has done. (shrink)

This paper argues that several sorts of metaphysical and semantic indeterminacy afflict the causal relation. If, as it is plausible to hold, there is a relationship between causation and moral responsibility, then indeterminacy in the causal relation results in indeterminacy of moral responsibility more generally.

This article examines whether Willard Van Orman Quine’s indeterminacy thesis can be sustained. The argument from above, Quine argues, can derive indeterminacy as its conclusion. I will argue that the indeterminacy claim cannot be sustained. I further argue that Quine changed the formulation of the underdetermination of theory by evidence (UTE) argument from what Duhem said to the Quine/Pierce meaning verification view, in order use the new formulation of UTE to imply indeterminacy. Given all that, we (...) see when we apply the old UTE argument we only arrive at underdetermination of theory by evidence, and that applies to all sciences, philosophy and knowledge, including philosophy of language. (shrink)

According to moral error theory, morality is something invented, constructed or made; but mistakenly presents itself to us as if it were an independent object of discovery. According to moral constructivism, morality is something invented, constructed or made. In this paper I argue that constructivism is both compatible with, and in certain cases explanatory of, some of the allegedly mistaken commitments to which arguments for moral skepticism appeal. I focus on two particular allegations that are sometimes associated with moral skepticism. (...) The first is the suspicion that in making moral claims we are merely projecting our attitudes onto the world. The second is the suspicion that in arguing for and against moral views we are merely attempting to influence each other to give similar answers to questions that have no determinate answer. (shrink)

This paper addresses debates in German idealism that arise in response to the modal shift in logic, proposed by Kant, from a logic of thinking to a logic of experience. With the Kantian logic of experience arises a problem of radical contingency or 'rhapsodic determination' for logic. While Fichte and Hegel attempt to resolve the problem of contingency by constructing rational systems aimed at established the grounds for logic, I show how Schelling brings into view, in a proto-existentialist movement, the (...) way in which the indeterminacy of the will undergirds rational system construction and, thereby, presents a limiting problem for the question of the value of system-building itself. (shrink)

A growing literature is premised on the claim that quantum mechanics provides evidence for metaphysical indeterminacy. But does it? None of the currently fashionable realist interpretations involve fundamental indeterminacy and the ‘standard interpretation’, to the extent that it can be made out, doesn't require indeterminacy either.

Roads to Reference: An Essay on Reference Fixing in Natural Language by Mario Gómez-Torrente provides an ample attack against certain more recent variants of descriptivism in the theory of reference. The book discusses a wide variety of expressions, but the focus of this short note is on proper names and natural kind terms. In the case of proper names, indeterminacy plays an important role in Gómez-Torrente’s critical argument. Some questions related to it are raised. As to natural kind terms, (...) the differences between ordinary kind terms and scientific kind terms are discussed, and the somewhat ignored relevance of reference borrowing for natural kind terms is emphasized. (shrink)

This paper will appeal a recent argument for the indeterminacy of translation to show not that meaning is indeterminate, but rather that assertion cannot be explained in terms of an independent grasp of the concept of truth. In particular, it will argue that if we try to explain assertion in terms of truth rather than vice versa, we ultimately will not be able to make sense of the difference between assertion and denial. This problem with such 'semantic' accounts of (...) assertion then illustrates why we need not worry about the purported argument for indeterminacy. (shrink)

I argue that quine's thesis of the indeterminacy of radical translation is incorrect. the argument exploits the connections between quine's thesis and common sense notions regarding belief. a simple model of belief, taking beliefs to be sets of brain states, is used to give a rigorous restatement of quine's thesis. it is then argued that our need to project the actions of other people from their professions of belief would make the situation quine describes unstable, since persons in that (...) situation would make less accurate predictions of actions than would persons not so situated. (shrink)

I explore the thesis that the future is open, in the sense that future contingents are neither true nor false. The paper is divided into three sections. In the first, I survey how the thesis arises on a variety of contemporary views on the metaphysics of time. In the second, I explore the consequences for rational belief of the ‘Aristotelian’ view that indeterminacy is characterized by truth-value gaps. In the third, I outline one line of defence for the Aristotelian (...) against the puzzles this induces: treating opinion about future contingents as a matter of fictional belief rather than simple belief. (shrink)

This is an old draft of a paper that seeks to find the minimum cognitive/practical role for indeterminacy that we get if we assume a fully classical logic and semantics, but reject epistemicism. The ambition is to connect that classical setting to the framework for rational belief and decision I described in "Decision Making under Indeterminacy".

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

Two competing accounts of value incomparability have been put forward in the recent literature. According to the standard account, developed most famously by Joseph Raz, ‘incomparability’ means determinate failure of the three classic value relations ( better than , worse than , and equally good ): two value-bearers are incomparable with respect to a value V if and only if (i) it is false that x is better than y with respect to V , (ii) it is false that x (...) is worse than y with respect to V and (iii) it is false that x and y are equally good with respect to V . Most philosophers have followed Raz in adopting this account of incomparability. Recently, however, John Broome has advocated an alternative view, on which value incomparability is explained in terms of vagueness or indeterminacy . In this paper I aim to further Broome’s view in two ways. Firstly, I want to supply independent reasons for thinking that the phenomenon of value incomparability is indeed a matter of the indeterminacy inherent in our comparative predicates. Secondly, I attempt to defend Broome’s account by warding off several objections that worry him, due mainly to Erik Carlson and Ruth Chang. (shrink)

In the first part of the paper, I present a framework for the description and evaluation of teleosemantic theories of intentionality, and use it to argue that several different objections to these theories (the various indeterminacy and adequacy problems) are, in a certain precise sense, manifestations of the same underlying issue. I then use the framework to show that Millikan's biosemantics, her own recent declarations to the contrary notwithtanding, presents indeterminacy. In the second part, I develop a novel (...) teleosemantic proposal which makes progress in the treatment of this family of problems. I describe a procedure to derive a (unique) homeostatic property cluster [HPC] from facts having to do with the properties that a certain indicator relied on, in the events leading to its fixation in a certain population. This HPC is the one that should figure in the content attribution to the indicator in question. (shrink)

Are plants conscious? Most knowledgeable people say they aren't. A small minority say they are. Others say we don't know. Virtually all assume the predicate '– is conscious' is fully determinate; plants are or aren't in its extension. Appealing to Mark Wilson's work on predicates and concepts, I challenge that assumption, proposing that the predicate isn't determinate for plants. I offer the start of an explanation for why this is so. We tacitly rely on many empirical correlations when we correctly (...) characterize creatures as conscious, but we have limited knowledge of those facts, and plants differ significantly from animals, while also being substantively similar to them. We don't yet know what it would be for them to be conscious. (shrink)

Decisions are made under uncertainty when there are distinct outcomes of a given action, and one is uncertain to which the act will lead. Decisions are made under indeterminacy when there are distinct outcomes of a given action, and it is indeterminate to which the act will lead. This paper develops a theory of (synchronic and diachronic) decision-making under indeterminacy that portrays the rational response to such situations as inconstant. Rational agents have to capriciously and randomly choose how (...) to resolve the indeterminacy relevant to a given choice-situation, but such capricious choices once made constrain how they will choose in the future. The account is illustrated by the case of self-interested action in situations where it is indeterminate whether you yourself will survive to benefit or suffer the consequences. The conclusion emphasizes some distinctive anti-hedging predictions of the account. (shrink)

Might it be that world itself, independently of what we know about it or how we represent it, is metaphysically indeterminate? This article tackles in turn a series of questions: In what sorts of cases might we posit metaphysical indeterminacy? What is it for a given case of indefiniteness to be 'metaphysical'? How does the phenomenon relate to 'ontic vagueness', the existence of 'vague objects', 'de re indeterminacy' and the like? How might the logic work? Are there reasons (...) for postulating this distinctive sort of indefiniteness? Conversely, are there reasons for denying that there is indefiniteness of this sort? (shrink)

An annotated bibliography of legal epistemology.

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Possibility semantics offers an elegant framework for a semantic analysis of modal logic that does not recruit fully determinate entities such as possible worlds. The present papers considers the application of possibility semantics to the modeling of the indeterminacy of the future. Interesting theoretical problems arise in connection to the addition of object-language determinacy operator. We argue that adding a two-dimensional layer to possibility semantics can help solve these problems. The resulting system assigns to the two-dimensional determinacy operator a (...) well-known logic (coinciding with the logic of universal modalities under global consequence). The paper concludes with some preliminary inroads into the question of how to distinguish two-dimensional possibility semantics from the more established branching framework. (shrink)

Building on recent formal work by Aleks Knoks, we explore how the idea that certain epistemic norms may be indeterminate could be implemented in a default logic.

How can researchers use race, as they do now, to conduct health-care studies when its very definition is in question? The belief that race is a social construct without “biological authenticity” though widely shared across disciplines in social science is not subscribed to by traditional science. Yet with an interdisciplinary approach, the two horns of the social construct/genetics dilemma of race are not mutually exclusive. We can use traditional science to provide a rigorous framework and use a social-science approach so (...) that “invisible” factors are used to adjust the design of studies on an as-needed basis. One approach is to first observe health-care outcomes and then categorize the outcomes, thus removing genetic differences as racial proxies from the design of the study. From the outcomes, we can then determine if there is a pattern of conceivable racial categories. If needed, we can apply dynamic notions of race to acknowledge bias without prejudice. We can use them constructively to improve outcomes and reduce racial disparities. Another approach is nearly identical but considers race not at all: While analyzing outcomes, we can determine if there are biological differences significant enough to identify classifications of humans. That is, we look for genetic patterns in the outcomes and classify only those patterns. There is no attempt to link those patterns to race. (shrink)