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)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...) role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

In recent years, the science and the philosophy of consciousness has seen growing interest in structural questions about consciousness. This is the Editorial Introduction for a special volume for Philosophy and the Mind Sciences on “Structuralism in Consciousness Studies.”.

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

Cartesian arguments for global skepticism about the external world start from the premise that we cannot know that we are not in a Cartesian scenario such as an evil-demon scenario, and infer that because most of our empirical beliefs are false in such a scenario, these beliefs do not constitute knowledge. Veridicalist responses to global skepticism respond that arguments fail because in Cartesian scenarios, many or most of our empirical beliefs are true. Some veridicalist responses have been motivated using verificationism, (...) externalism, and coherentism. I argue that a more powerful veridicalist response to global skepticism can be motivated by structuralism, on which physical entities are understood as those that play a certain structural role. I develop the structuralist response and address objections. (shrink)

Causal structuralism is the view that, for each natural, non-mathematical, non-Cambridge property, there is a causal profile that exhausts its individual essence. On this view, having a property’s causal profile is both necessary and sufficient for being that property. It is generally contrasted with the Humean or quidditistic view of properties, which states that having a property’s causal profile is neither necessary nor sufficient for being that property, and with the double-aspect view, which states that causal profile is necessary (...) but not sufficient. Shoemaker’s (1998) and Hawthorne’s (2001) arguments in favor of causal structuralism primarily focus on problematic consequences of the other two views. I argue, however, that causation does not provide an appropriate framework within which to characterize all physical properties for two main reasons. First, there are physical properties that do not have causal profiles and properties whose causal profiles do not exhaust their essences. Second, there is no unified notion of causation across the sciences. After distinguishing between the causal and the nomological, I suggest that what is needed is a structuralist view of properties that is not merely causal but that incorporates a physical property’s higher-order mathematical and nomological properties into its identity conditions. Such a view retains the naturalistic motivations for causal structuralism while avoiding the problems it faces. (shrink)

Structuralism can be defined as an important concept of using “units” as elements of form and space-giving, where the whole form is made not only up of a “texture”, a certain flexible grid, or an algorithm of shape-giving, but it depends also on the relationships created and how people use it. The hypothesis of this study is that “Modular Construction” can also have an aesthetically pleasing outlook and that modular housing can definitely have increasing importance in the future. Modular (...) housing due to its cheap, and manufactural way of construction can be replicable in various locations. Structuralism and Modular Construction have been at the core of the Modernist movement. Although postmodernism marked the decline of modular construction adopting methods known for a more close sense of place, vernacular, and locality, which differs from the ubiquitous model of modernism, it is the universality of space and habitation seen since the times of Hippodamus Grid, Japanese Tattami systems, and rational universal space in housing known in Europe that make grid and modular design an excellent system in obtaining, rationality, functionality, flexibility, and energy efficiency, including quick construction and possibility for replication. In this regard, modular construction has a future, especially in times of crisis and economic instability. (shrink)

Keränen (2001) raises an argument against realistic (ante rem) structuralism: where a mathematical structure has a non-trivial automorphism, distinct indiscernible positions within the structure cannot be shown to be non-identical using only the properties and relations of that structure. Ladyman (2005) responds by allowing our identity criterion to include 'irreflexive two-place relations'. I note that this does not solve the problem for structures with indistinguishable positions, i.e. positions that have all the same properties as each other and exactly the (...) same relations to all objects (including themselves). I conclude that realistic structuralists must compromise and treat some structures eliminativistically. (shrink)

Since Benacerraf’s ‘What Numbers Could Not Be, ’ there has been a growing interest in mathematical structuralism. An influential form of mathematical structuralism, modal structuralism, uses logical possibility and second order logic to provide paraphrases of mathematical statements which don’t quantify over mathematical objects. These modal structuralist paraphrases are a useful tool for nominalists and realists alike. But their use of second order logic and quantification into the logical possibility operator raises concerns. In this paper, I show (...) that the work of both these elements can be done by a single natural generalization of the logical possibility operator. (shrink)

Dispositional essentialists are typically committed to two claims: that properties are individuated by their causal role (‘causal structuralism’), and that natural necessity is to be explained by appeal to these causal roles (‘dispositional actualism’). I argue that these two claims cannot be simultaneously maintained; and that the correct response is to deny dispositional actualism. Causal structuralism remains an attractive position, but doesn’t in fact provide much support for dispositional essentialism.

Scholars, journalists, and activists working on climate change often distinguish between “individual” and “structural” approaches to decarbonization. The former concern choices individuals can make to reduce their “personal carbon footprint” (e.g., eating less meat). The latter concern changes to institutions, laws, and other social structures. These two approaches are often framed as oppositional, representing a mutually exclusive forced choice between alternative routes to decarbonization. After presenting representative samples of this oppositional framing of individual and structural approaches in environmental communication, we (...) identify four problems with oppositional thinking and propose five ways to conceive of individual and structural reform as symbiotic and interdependent. (shrink)

A prominent version of mathematical structuralism holds that mathematical objects are at bottom nothing but "positions in structures," purely relational entities without any sort of nature independent of the structure to which they belong. Such an ontology is often presented as a response to Benacerraf's "multiple reductions" problem, or motivated on hermeneutic grounds, as a faithful representation of the discourse and practice of mathematics. In this paper I argue that there are serious difficulties with this kind of view: its (...) proponents rely on a distinction between "essential" and "nonessential" features of mathematical objects, and there's no good way to articulate this distinction which is compatible with basic structuralist commitments. But all is not lost. For I further argue that the insights motivating structuralism (or at least those worth preserving) can be preserved without formulating the view in ontologically committal terms. (shrink)

The approach of structuralism came to philosophy from social science. It was also in social science where, in 1950–1970s, in the form of the French structuralism, the approach gained its widest recognition. Since then, however, the approach fell out of favour in social science. Recently, structuralism is gaining currency in the philosophy of mathematics. After ascertaining that the two structuralisms indeed share a common core, the question stands whether general structuralism could not find its way back (...) into social science. The nature of the major objections raised against French structuralism – concerning its alleged ahistoricism, methodological holism and universalism – are reconsidered. While admittedly grounded as far as French structuralism is concerned, these objections do not affect general structuralism as such. The fate of French structuralism thus does not seem to preclude the return of general structuralism into social science, rather, it provides some hints where the difficulties may lie. (shrink)

I critically evaluate Bickle’s version of scientific theory reduction. I press three main points. First, a small point, Bickle modifies the new wave account of reduction developed by Paul Churchland and Clifford Hooker by treating theories as set-theoretic structures. But that structuralist gloss seems to lose what was distinctive about the Churchland-Hooker account, namely, that a corrected theory must be specified entirely by terms and concepts drawn from the basic reducing theory. Set-theoretic structures are not terms or concepts but the (...) structures that they describe. Second, and more serious, a familiar problem for classical positivist account of reduction resurfaces within this newest wave of thinking, namely, commitment to property identities and inter-theoretic bridge laws (a problem I discussed at more length in "Collapse of the New Wave"). Indeed, this problem is exacerbated by Bickle’s conciliatory treatment of property plasticity, since he is willing to grant that a large number of special science terms denote multiply realized properties, at least if realistically construed. Still, in the end, Bickle sidesteps the reduction of properties by appealing to Hooker’s "function-to-structure token reduction." This is an interesting move with an intriguing concept of reduction. But problems remain. For, third, Bickle and Hooker's function-to-structure token reduction is actually a guised form of eliminative materialism. But that should be unacceptable since the position extends well beyond any modest revisionism for suspect items from a folk theory, say, in folk psychology or folk biology. Instead, it applies to functional terms and concepts employed throughout well-developed and explanatorily successful sciences. (shrink)

Drawing an analogy between modal structuralism about mathematics and theism, I o er a structuralist account that implicitly de nes theism in terms of three basic relations: logical and metaphysical priority, and epis- temic superiority. On this view, statements like `God is omniscient' have a hypothetical and a categorical component. The hypothetical component provides a translation pattern according to which statements in theistic language are converted into statements of second-order modal logic. The categorical component asserts the logical possibility of (...) the theism struc- ture on the basis of uncontroversial facts about the physical world. This structuralist reading of theism preserves objective truth-values for theistic statements while remaining neutral on the question of ontology. Thus, it o ers a way of understanding theism to which a naturalist cannot object, and it accommodates the fact that religious belief, for many theists, is an essentially relational matter. (shrink)

This paper argues for a theory of phenomenal intentionality (herein referred to as ‘Structuralism’), according to which perceptual experiences only possess intentional content when their phenomenal components are appropriately related to one another. This paper responds to the objections (i) that Structuralism cannot explain why some experiences have content while others do not, or (ii) why contentful experiences have the specific contents that they have. Against (i), I argue that to possess content, an experience must present itself as (...) an experience of something distinct from itself, and that only experiences whose components are suitably structured satisfy this requirement. Against (ii), I argue that Structuralists can provide a deeper explanation of perceptual content than other theories of phenomenal intentionality by showing how the content-determining relations among our experiences depend on the selection pressures under which our perceptual systems developed. (shrink)

This paper provides an exposition of the structuralist approach to underdetermination, which aims to resolve the underdetermination of theories by identifying their common theoretical structure. Applications of the structuralist approach can be found in many areas of philosophy. I present a schema of the structuralist approach, which conceptually unifies such applications in different subject matters. It is argued that two classic arguments in the literature, Paul Benacerraf’s argument on natural numbers and W. V. O. Quine’s argument for the indeterminacy of (...) translation, can be analyzed as instances of the structuralist schema. These two applications illustrate different kinds of conclusions that can be drawn through the structuralist approach; Benacerraf’s argument shows that we can derive an ontological conclusion about the given subject matter, while Quine’s structuralist approach leads to a semantic conclusion about how to determine linguistic meanings given radical translation. Then, as a case study, I review a recent debate in metaphysics between Shamik Dasgupta, Jason Turner, and Catharine Diehl to consider the extent to which different instances of the structuralist schema are conceptually unified. Both sides of the debate can be interpreted as utilizing the structuralist approach; one side uses the structuralist approach for an ontological conclusion, while the other side relies on a semantic conclusion. I argue that this has a strong dialectical consequence, which sheds light on the conceptual unity of the structuralist approach. (shrink)

I use an old challenge to motivate a new view. The old challenge is due to variation in our perceptions of secondary qualities. The challenge is to say whose perceptions are accurate. The new view is about how we manage to perceive secondary qualities, and thus manage to perceive them accurately or inaccurately. I call it perceptual structuralism. I first introduce the challenge and point out drawbacks with traditional responses. I spend the rest of the paper motivating and defending (...) a structuralist response. While I focus on color, both the challenge and the view generalize to the other secondary qualities. (shrink)

What is the ontological status of mathematical structures? Michael Resnic, Stewart Shapiro and Gianluigi Oliveri, are contemporaries of American philosophers on mathematics, they give Platonic answers on this question.

This essay examines the underdetermination problem that plagues structuralist approaches to spacetime theories, with special emphasis placed on the epistemic brands of structuralism, whether of the scientific realist variety or not. Recent non-realist structuralist accounts, by Friedman and van Fraassen, have touted the fact that different structures can accommodate the same evidence as a virtue vis-à-vis their realist counterparts; but, as will be argued, these claims gain little traction against a properly constructed liberal version of epistemic structural realism. Overall, (...) a broad construal of spacetime theories along epistemic structural realist lines will be defended which draws upon both Friedman’s earlier work and the convergence of approximate structure over theory change, but which also challenges various claims of the ontic structural realists. (shrink)

In this paper, we look at Bourbaki’s work as a case study for the notion of mathematical style. We argue that indeed Bourbaki exemplifies a mathematical style, namely the structuralist style.

This article is concerned with the status and stakes of Gilles Deleuze’s “break” with structuralism. With a particular focus on a transitional text of Deleuze, the 1967/1972 article “How Do We Recognize Structuralism?,” it asks how Deleuze understood structuralism and why, after his encounter with Félix Guattari and Guattari’s own transitional text, 1969’s “Machine and Structure,” Deleuze felt the need to break with structuralism. It argues that reading these two texts together allows us to see that (...) Deleuze already perceived tensions within the structuralist project, and argues that Guattari’s non-structural account of the machine allowed Deleuze to clarify this perception, and see it as necessitating a departure from structuralism. To close, however, it turns to recent work by philosophers such as Étienne Balibar and Patrice Maniglier that re-examines the structuralist moment and identifies an ongoing legacy that the “poststructuralism” of Deleuze and Guattari may be part of. By considering Deleuze and Guattari’s break with structuralism in light of this work, this article considers how the polemical rejection of structuralism by Deleuze and Guattari may not fully account for the ongoing legacy of the structuralist program and the persistence of a structuralist problematic in their thought. (shrink)

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)

An annotated bibliography of legal epistemology.

Structuralism has recently moved center stage in philosophy of mathematics. One of the issues discussed is the underlying logic of mathematical structuralism. In this paper, I want to look at the dual question, namely the underlying structures of logic. Indeed, from a mathematical structuralist standpoint, it makes perfect sense to try to identify the abstract structures underlying logic. We claim that one answer to this question is provided by categorical logic. In fact, we claim that the latter can (...) be seen—and probably should be seen—as being a structuralist approach to logic and it is from this angle that categorical logic is best understood. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Lam and Esfeld have argued that, within Bohmian mechanics, the wave function can be interpreted as a physical structure instantiated by the fundamental particles posited by the theory. Further, to characterize the nature of this structure, they appeal to the framework of Ontic Structural Realism, thereby proposing a structuralist interpretation of Bohmian mechanics. However, I shall point out that OSR denotes a family of distinct views, each of which maintains a different account about the relation between structures and objects, and (...) entails a different kind of ontology. Thus, in this paper I will show how to articulate the structuralist approach to Bohmian Mechanics accordingly to the different standard versions of OSR, and I will evaluate these alternatives. Moreover, I will propose a novel and _sui generis_ kind of structuralist interpretation of Bohmian Mechanics, based on the framework of metaphysical coherentism. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

The Power Structuralist View (PSV) is an account of causation in which causal relations are reduced to the powers that are activated in the subject by another subject’s power, instantly and simultaneously. PSV is based on two main assumptions: (a) holism; (b) reductionism. After justifying the choice to place PSV within the so-called ‘process accounts’ of causation (PA), I will show how, generally, every PA must solve the so-called “transference paradox” (TP) and why PSV is an innovative account. However, PSV (...) creates two main problems: (1) how to explain the instantaneous activation between correlatives; (2) how to explain which kind of “nexus” takes place between powers. I will argue that, in order to solve (1), PSV needs to adopt an intervalist position, but this leads to a form of monism that contradicts (a). Regarding (2), the reductionist approach implies the assumption that “all relations between powers are internal” and, therefore, a form of monism, again against premise (a). PSV reduces causation to a ‘primitive concept’ (the ontological dependence) but, in this way, point (2) remains unexplained. The problem of physical transference (or reciprocal influence) remains unanswered, and PSV seems to be a covert form of occasionalism. -/- [NOTE: the version on the Journal's site has problems in the footnotes. DOWNLOAD the correct version here in PhilPapers]. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Ideal theory in social and political philosophy generally works to hide philosophical theories’ complicity in sustaining the structural violence and maintenance of white supremacy that are foundational to settler colonial societies. While non-ideal theory can provide a corrective to some of ideal theory’s intended omissions, it can also work to conceal the same systems of violence that ideal theory does, especially when framed primarily as a response to ideal theory. This article takes a decolonial approach to exploring the limitations of (...) non-ideal theory in its ability to respond to and redress the continuing harms done to Indigenous peoples by settler colonialism, including by outlining non-ideal theory’s relationship to a colonial politics of recognition. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...) multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

In two occasions a Bibliography of Structuralism has been published in Erkenntnis (1989, 1994). Since then a lot of water has flowed under the bridge and the structuralist program has shown a continuous development. The aim of the present bibliography is to celebrate the 25th anniversary of the publication of An Architectonic for Science –structuralism’s main reference work– and of its recent translation into Spanish by updating the previous bibliographies with titles which have appeared since 1994 as well (...) as before that year but which are not included in them. As in the former deliveries, this bibliography only covers books and articles that are concerned directly with the structuralist approach in the philosophy of science. We would like to thank the many colleagues who have helped us in collecting all the information. Notwithstanding we apologize in advance for the possible entries that we missed to include in this third Bibliography of Structuralism. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

I explore the possibility of a structuralist interpretation of homotopy type theory (HoTT) as a foundation for mathematics. There are two main aspects to HoTT's structuralist credentials. First, it builds on categorical set theory (CST), of which the best-known variant is Lawvere's ETCS. I argue that CST has merit as a structuralist foundation, in that it ascribes only structural properties to typical mathematical objects. However, I also argue that this success depends on the adoption of a strict typing system which (...) undermines the metaphysical seriousness of this structuralism. Homotopy type theory adds to CST a distinctive theory of identity between sets, which arguably allows its objects to be seen as ante rem structures. I examine the prospects for such a view, and address many other interpretive problems as they arise. (shrink)

Recently, an information-theoretic structural realist theory of the self and consciousness has been put forward (Beni, M. D. 2019. Structuring the Self, Series New Directions in Philosophy and Cognitive Science. Palgrave Macmillan). The theory is presented as a form of panpsychism. I argue against this interpretation and show that Beni’s structuralist theory runs into the hard problem of consciousness, in a similar way as the Integrated Information theory of consciousness. Since both of these theories are structuralist and based on the (...) notion of information, I propose to use a solution that has been employed for Integrated Information Theory, namely introducing the distinction between extrinsic and intrinsic structure and dynamics (intrinsic information and intrinsic structure). Making these metaphysical enhancements to Beni’s structuralist theory of consciousness will give the theory a better chance of overcoming the hard problem. In terms of the metaphysics of consciousness, it takes us beyond physicalism. I then suggest that the information-theoretic structuralist theory of consciousness should, instead of panpsychism and physicalism, be combined with neutral monist ontology which is a better fit. These reworkings could lead to an improved naturalistic account of consciousness – the neutral-structuralist theory of consciousness and the self. (shrink)

In two occasions a Bibliography of Structuralism has been published in Erkenntnis (1989, 1994). Since then a lot of water has flowed under the bridge and the structuralist program has shown a continuous development. The aim of the present bibliography is to celebrate the 25th anniversary of the publication of An Architectonic for Science –structuralism’s main reference work– and of its recent translation into Spanish by updating the previous bibliographies with titles which have appeared since 1994 as well (...) as before that year but which are not included in them. As in the former deliveries, this bibliography only covers books and articles that are concerned directly with the structuralist approach in the philosophy of science. We would like to thank the many colleagues who have helped us in collecting all the information. Notwithstanding we apologize in advance for the possible entries that we missed to include in this third Bibliography of Structuralism. (shrink)

In this paper, we argue that, contrary to the view held by most philosophers of mathematics, Bourbaki’s technical conception of mathematical structuralism is relevant to philosophy of mathematics. In fact, we believe that Bourbaki has captured the core of any mathematical structuralism.

Changes that occurred in science in the second half of the twentieth century, led to the emergence of a number of Sciences, the subject of study of which requires the involvement of interdisciplinary methodology and theory of neuroscience, for example, neurobiology, neurolinguistics, neuroanthropology, neurophilosophy, neurophenomenology, etc. One of the features of modern anthropology is that the subject of its research involves an interdisciplinary dialogue, the involvement of methods and theories of socio-human and natural Sciences, which led to the formation of (...) neuroanthropology as a science. One of the trends in the development of neuroanthropological theory is the introduction of biogenetic structuralism in the field of research. The article is devoted to the analysis of the biogenetic structuralism as an example of an interdisciplinary dialogue in which transpersonal and phenomenological approaches are integrated in neuroanthropology. Appeal to the main areas ofneuroanthropologic research allows going beyond the framework of Cartesian dualism and considering issues of the relationship between body and mind in terms of an integrative approach. The biogenetic structuralist neurophenomenological theory is of great importance as a theoretical and methodological basis for cross-cultural studies of consciousness. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s (...) explanatory options, I suggest that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based (...) on purely statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)