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 (...) class='Hi'>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 paper uses analytic philosophy to prevent merely verbal disputes about the concept of fiction within discussions on fictiones iuris. It provides a survey of potentially fruitful connections between legal fictions and fictionalism. More specifically, I will argue that by enriching current accounts of legal fictions in legal theory with insights from (1) the philosophy of language on fictional speech and from (2) contemporary metaphysics on philosophical fictionalism, it seems natural to explore the position that (...) talk involving fictiones iuris is structurally an exemplification of elliptical speech. Such fictionalism about legal fictions illuminates why prominent condemnations of fictions in law – e.g. as blatant falsehoods, shady fraudulences, or legal defects – are theoretical myths, since they fail to distinguish between analytically distinct (ontological, epistemic, alethic, semantic, and evaluative) levels. Moreover, a fictionalist account might even sharpen our sense of which legal fictions are more “innocent” than others. I will begin by introducing philosophical fictionalism (II), before the fictiones iuris will be characterized as an operation in legal reasoning by consulting the Leibnizian reconstruction of Roman Law’s epistemology (III). Sections IV and V seek to provide further clarifications on the ‘fictional’ / ‘fictitious’ distinction as well as the heterogeneity of fictionalist research questions. Section VI then contains a little guided tour through the different analyses of the concept of fiction(s) within fictionalism. Subsequently, I will show how insights from those discussions contribute to demystify some of the most prominent allegations raised against legal fictions (VII). Fictionalism about legal fictions, Section VIII tentatively suggests, might not only harmonize with both classic and recent treatments of legal fictions, but help to also highlight their epistemic values. In slogan form: fictiones iuris are instruments to preserve legal truths worth having. (shrink)

It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...) what makes standards like etiquette ‘not really normative’. I defend a fictionalist theory on which etiquette is ‘not really normative’ in roughly the same way that Sherlock is ‘not really a detective’, and show that fictionalism about some normative standards helps us explain the possibility of normative authority. (shrink)

It is controversial whether virtual reality should be considered fictional or real. Virtual fictionalists claim that objects and events within virtual reality are merely fictional: they are imagined and do not exist. Virtual realists argue that virtual objects and events really exist. This metaphysical debate might appear important for some of the practical questions that arise regarding how to morally evaluate and legally regulate virtual reality. For instance, one advantage claimed of virtual realism is that only by taking virtual objects (...) and events to be real can we explain our strong emotional reactions to certain virtual actions, as well as their potential immorality. This paper argues that emotional reactions towards, and wrongs within, virtual reality are consistent with its being merely fictional. The emotional and ethical judgments we wish to make regarding virtual reality do not provide any grounds for preferring virtual realism. (shrink)

Our best social scientific theories try to tell us something about the social world. But is talk of a “social world” a metaphor that we ought not take too seriously? In particular, do the denizens of the social world—cultural values like the Protestant work ethic, firms like ExxonMobil, norms like standards of dress and behavior, institutions like the legal system, teams like FC Barcelona, conventions like marriages—exist? The question is not merely academic. Social scientists use these different social entities (...) to explain social phenomena such as the rise of capitalism, the decline in oil prices, or the effect of unions on the sports labor market. But how could these explanations possibly work if social entities don’t exist? (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)

Fictionalism in ontology is a mixed bag. Here I focus on three main variants—which I label after the names of Pascal, Berkeley, and Hume—and consider their relative strengths and weaknesses. The first variant is just a version of the epistemic Wager, applied across the board. The second variant builds instead on the fact that ordinary language is not ontologically transparent; we speak with the vulgar, but deep down we think with the learned. Finally, on the Humean variant it’s the (...) structure of the ontological inventory, not its content, that may turn out to involve fictional elements. That is, for the Humean the fiction lies, not in the reality of common-sense ontology, but in the laws—of unity, identity, causation, etc.—in terms of which we articulate our experience of that reality. In the end, this is the kind of fictionalism that I find most interesting, sensible, and tenable. And I argue that it is even compatible with the sort of “naive” realism we have all come to appreciate in the work of Paolo Bozzi, to whom the paper is dedicated. (shrink)

Current debate in the metaphysics of time ordinarily assumes that we should be realists about time. Recently, however, a number of physicists and philosophers of physics have proposed that time will play no role in a completed theory of quantum gravity. This paper defends fictionalism about temporal thought, on the supposition that our world is timeless. We argue that, in the face of timeless physical theories, realism about temporal thought is unsustainable: some kind of anti-realism must be adopted. We (...) go on to provide an argument against eliminativism about temporal thought. While it doesn't follow from this argument that fictionalism about temporal thought is true, we suggest that this nonetheless shows that fictionalism should be regarded as the preferred view. (shrink)

This paper discusses the nature of, problems for, and benefits delivered by fictionalist strategies in metaphysics.

Fictionalists maintain that possible worlds, numbers or composite objects exist only according to theories which are useful but false. Hale, Divers and Woodward have provided arguments which threaten to show that fictionalists must be prepared to regard the theories in question as contingently, rather than necessarily, false. If warranted, this conclusion would significantly limit the appeal of the fictionalist strategy rendering it unavailable to anyone antecedently convinced that mathematics and metaphysics concern non-contingent matters. I try to show that their arguments (...) can be resisted by developing and defending a strategy suggested by Rosen, Nolan and Dorr, according to which the fiction-operator is to be analysed in terms of a counterfactual that admits of non-trival truth-values even when the antecedent is impossible. (shrink)

There is an uneasy tension between our ordinary talk about beliefs and desires and the ontological facts supported by neuroscience. Arguments for eliminative materialism can be fairly persuasive, yet error theory about folk psychological discourse may be unacceptable. One solution is to accept mental fictionalism: the view that we are (or should be) fictionalists about mentality. My aim in this paper is to explore mental fictionalism as a viable theoretical option, and to show that it has advantages over (...) other fictionalist views in the literature, as well as advantages over other theories of mind. However, mental fictionalism faces particular objections that do not plague other fictionalist accounts, nor other theories of the mind. These objections may provide some explanation as to why mental fictionalism has not (until recently) gained much traction in the literature. I end with some suggestions on how the mental fictionalist can address these objections, hopefully paving the way for further development of mental fictionalism as a live philosophical position in philosophy of mind. -/- . (shrink)

Causation appears to present us with an interpretative difficulty. While arguably a redundant relation given fundamental physics, it is nevertheless apparently pragmatically indispensable. This chapter revisits certain arguments made previously by the author for these claims with the benefit of hindsight, starting with the role of causal models in the human sciences, and attempting to explain why it is not possible to straightforwardly ground such models in fundamental physics. This suggests that further constraints, going beyond physics, are needed to legitimate (...) such models. These supplementary constraints could be reified, but that would seem to conflict with the completeness of physics. A response is to emphasize the practical role of causal talk, and the author suggests that a fictionalist approach might be worth exploring. After clarifying fictionalism as a general approach, they carry out in some detail the project of clarifying what a fictionalist attitude to causation would involve. (shrink)

Mental fictionalism is the view that, even if mental states do not exist, it is useful to talk as if they do. Mental states are useful fictions. Recent philosophy of mind has seen a growing interest in mental fictionalism. To date, much of the discussion has concerned the general features of the approach. In this paper, I develop a specific form of mental fictionalism by drawing on Kendall Walton’s work on make-believe. According to the approach I propose, (...) talk of mental states is a useful pretence for describing people and their behaviour. I try to clarify and motivate this approach by comparing it to well-known alternatives, including behaviourism, instrumentalism and eliminativism. I also consider some of the challenges that it faces. (shrink)

Fictionalist theories of metaphor hold that metaphorical utterances aim at fictionality. Fictionalism successfully explains speaker judgments about the truth and aptness of metaphorical utterances, and it also accurately predicts the data around metaphor and autistic individuals (who have deficits in both imaginative play and metaphor comprehension). But fictionalism is not a viable theory of metaphor, despite these merits, because of (what I call) the problem of semantic entailment: semantic entailments that are normally valid fail under metaphorical interpretation, but (...) fictionalism predicts otherwise. I argue this to ultimately show that theorists of metaphor should reject the linguistic side of the fictionalist story; but this leaves open the possibility of accepting psychological fictionalism, i.e., the hypothesis that fiction/make-believe is central to the cognitive processing of metaphor. Coupling psychological fictionalism with a different theory of metaphorical meaning and content (such as contextualism) promises to keep the explanatory upsides of traditional fictionalism while avoiding the problem of semantic entailment. (shrink)

Fictionalist approaches to ontology have been an accepted part of philosophical methodology for some time now. On a fictionalist view, engaging in discourse that involves apparent reference to a realm of problematic entities is best viewed as engaging in a pretense. Although in reality, the problematic entities do not exist, according to the pretense we engage in when using the discourse, they do exist. In the vocabulary of Burgess and Rosen (1997, p. 6), a nominalist construal of a given discourse (...) is revolutionary just in case it involves a “reconstruction or revision” of the original discourse. Revolutionary approaches are therefore prescriptive. In contrast, a nominalist construal of a given discourse is hermeneutic just in case it is a nominalist construal of a discourse that is put forth as a hypothesis about how the discourse is in fact used; that is, hermeneutic approaches are descriptive. I will adopt Burgess and Rosen’s terminology to describe the two different spirits in which a fictionalist hypothesis in ontology might be advanced. Revolutionary fictionalism would involve admitting that while the problematic discourse does in fact involve literal reference to nonexistent entities, we ought to use the discourse in such a way that the reference is simply within the pretense. The hermeneutic fictionalist, in contrast, reads fictionalism into our actual use of the problematic discourse. According to her, normal use of the problematic discourse involves a pretense. According to the pretense, and only according to the pretense, there exist the objects to which the discourse would commit its users, were no pretense involved. My purpose in this paper is to argue that hermeneutic fictionalism is not a viable strategy in ontology. My argument proceeds in two steps. First, I discuss in detail several problematic consequences of any interesting application of hermeneutic fictionalism. Of course, if there is good evidence that hermeneutic fictionalism is correct in some cases, then some of these drastic consequences would have to be accepted.. (shrink)

Fictionalism plays a significant role in philosophy today, with defenses spanning mathematics, morality, ordinary objects, truth, modality, and more.1 Fictionalism in the philosophy of science is also gaining attention, due in particular to the revival of Hans Vaihinger’s work from the early twentieth century and to heightened interest in idealization in scientific practice.2 Vaihinger maintains that there is a ubiquity of fictions in science and, among other things, argues that Nietzsche supports the position. Yet, while contemporary commentators have (...) focused on fictionalism in Nietzsche’s moral philosophy, his view of fictions in science has remained largely unexamined.3 In this article, I begin... (shrink)

According to non-doxastic theories of propositional faith, belief that p is not necessary for faith that p. Rather, propositional faith merely requires a ‘positive cognitive attitude’. This broad condition, however, can be satisfied by several pragmatic approaches to a domain, including fictionalism. This paper shows precisely how fictionalists can have faith given non-doxastic theory, and explains why this is problematic. It then explores one means of separating the two theories, in virtue of the fact that the truth of the (...) propositions in a discourse is of little consequence for fictionalists, whereas their truth matters deeply for the faithful. Although promising, this approach incurs several theoretical costs, hence providing a compelling reason to favour a purely doxastic account of faith. (shrink)

Our paper consists of three parts. In the first part we explain the concept of mental fictionalism. In the second part, we present the various versions of fictionalism and their main sources of motivation.We do this because in the third part we argue that mental fictionalism, as opposed to other versions of fictionalism, is a highly undermotivated theory.

The Brock-Rosen problem has been one of the most thoroughly discussed objections to the modal fictionalism bruited in Gideon Rosen’s ‘Modal Fictionalism’. But there is a more fundamental problem with modal fictionalism, at least as it is normally explained: the position does not resolve the tension that motivated it. I argue that if we pay attention to a neglected aspect of modal fictionalism, we will see how to resolve this tension—and we will also find a persuasive (...) reply to the Brock-Rosen objection. Finally, I discuss an alternative reading of Rosen, and argue that this position is also able to fend off the Brock-Rosen objection. (shrink)

In this paper, I will argue that the main contrast between religious fictionalism and other recently developed fictionalist positions in other non-religious fields of enquiry is the sort of personal and affective relationship said to be felt by the religious person between them and God, the feeling of being in a loving and personal communion with God. I will argue that a realist, non-Meingonian artifactual fictionalist understanding of God, along the lines that philosophers such as Schiffer and Thomasson have (...) already defended on non-religious grounds regarding fictional characters, seems to be the most direct way of preserving the possibility of the religious person standing in an actual relation to God while also maintaining a fictionalist understanding of religious faith. Last, I will argue that conceiving of God in these realist artifactual terms, and despite allowing the possibility of the religious person standing in an actual relation to God, fails to preserve a genuine personal relationship between the concrete religious person and God. (shrink)

Religious fictionalism is the theory that it is morally and intellectually legitimate to affirm religious sentences and to engage in public and private religious practices, without believing the content of religious claims. This article discusses the main features of fictionalism, contrasts hermeneutic, and revolutionary kinds of fictionalism and explores possible historical and recent examples of religious fictionalism. Such examples are found in recent theories of faith, pragmatic approaches to religion, and mystical traditions in religious theology.

Fictionalism is the view that the claims of a target discourse are best seen as being fictional in some way, as being expressed in some pretense manner, or as not being about the traditional posits of the discourse. The contemporary taxonomy of fictionalist views is quite elaborate. Yet, there is a version of fictionalism that has failed to develop and which corresponds to the earliest form of the view found in the history of philosophy, East and West. I (...) call this view “reactionary fictionalism.” I argue that traces of reactionary fictionalism can be found in Classical Daoism, Madhyamaka Buddhism, and Pyrrhonian Skepticism. Reactionary fictionalism is a kind of fictionalism that differs from both the hermeneutic and revolutionary kinds discussed today. Hermeneutic fictionalism says we already treat the claims of a target discourse in a fictional manner. Revolutionary fictionalism recommends we all start treating the claims of a target discourse in a fictional manner for reasons mostly of social utility. Reactionary fictionalism recommends, by contrast, that only those concerned with obtaining maximal therapeutic release from the pathology of literally asserting genuine beliefs in the claims of a target discourse should react in a pretense manner to inescapable contexts demanding the use of the claims of that discourse. I aim to show that reactionary fictionalism was a technique utilized in premodern skeptical traditions as a means for enduring one's condemnation to near‐permanent sociality. I recommend slotting reactionary fictionalism into our present taxonomy once we note that employing fictionalism can have a primarily therapeutic motivation and not merely a semantic, epistemic, or metaphysical one. (shrink)

In this thesis, I explore how a fictionalist approach can be applied to social ontology, especially for conferred kinds, in the context of action explanation and prediction by comparing this view with various realist views. Chapter 1 is concerned with clarifying constitution accounts and the criteria for comparison. Chapter 2 gives three different kinds of problems against this realist view, which makes this view less credible. Chapter 3 introduces conferralist accounts. Chapter 4 will deal with the question of whether conferralist (...) accounts can solve these problems. I will argue that even if the second problem is solved, the first and third problems still arise in conferralism. In Chapter 5, I propose a fictionalist social ontology. Thus, in Chapter 6, I argue that social fictionalism solves the problems in question. (shrink)

A promising recent approach for understanding complex phenomena is recognition of anticipatory behavior of living organisms and social organizations. The anticipatory, predictive action permits learning, novelty seeking, rich experiential existence. I argue that the established frameworks of anticipation, adaptation or learning imply overly passive roles of anticipatory agents, and that a fictionalist standpoint reflects the core of anticipatory behavior better than representational or future references. Cognizing beings enact not just their models of the world, but own make-believe existential agendas as (...) well. Anticipators embody plausible scripts of living, and effectively assume neo-Kantian or pragmatist perspectives of cognition and action. It is instructive to see that anticipatory behavior is not without mundane or loathsome deficiencies. Appreciation of ferally fictionalist anticipation suggests an equivalence of semiosis and anticipation. (shrink)

Universals are putative objects like wisdom, morality, redness, etc. Although we believe in properties (which, we argue, are not a kind of object), we do not believe in universals. However, a number of ordinary, natural language constructions seem to commit us to their existence. In this paper, we provide a fictionalist theory of universals, which allows us to speak as if universals existed, whilst denying that any really do.

This paper examines three meta-ontological deflationary approaches – frameworks, verbal disputes, and metalinguistic negotiation – and applies them to ontological debates in philosophy of mind. An intriguing consequence of this application is that it reveals a deep, systematic problem for mental deflationism – specifically, a problem of cognitive collapse. This is surprising; cognitive collapse problems are usually reserved for serious ontological views such as eliminative materialism and mental fictionalism, not deflationism. This paper investigates why deflationism about the mental is (...) particularly problematic, and provides an explanation as to why mental fictionalism is in principle better equipped to address collapsing problems than deflationism is. (shrink)

Presentists hold that only present things exist. But we all, presentists included, utter sentences that appear to involve quantification over non-present objects, and so we all, presentists included, seem to commit ourselves to such objects. Equally, we all, presentists included, take utterances of many past-tensed (and some future-tensed) sentences to be true. But if no past or future things exist, it’s hard to see how there can be anything that those utterances are about, which makes them true. This paper presents (...) a hitherto unexplored response to both problems: pretence fictionalism about the non-present. This view combines semantic factualism with psychological non-cognitivism. Sentences that appear to quantify over the non-present have propositional content and (almost all of) those propositions are false because the thing they are about—the non-present—does not exist. Nevertheless when we utter such sentences we don’t thereby utter something false. Our utterances do not report the belief that the propositional content of the sentence uttered is true; rather, they express a non-cognitive attitude towards that content: namely an attitude of pretence. Hence by thinking various thoughts, and uttering various sentences we are, collectively, pretending as though things were (or will be) thus and so. (shrink)

This is a short review of Mark Kalderon's book Moral Fictionalism.

This paper, written in Romanian, compares fictionalism, nominalism, and neo-Meinongianism as responses to the problem of objectivity in mathematics, and then motivates a fictionalist view of objectivity as invariance.

Prop oriented make-believe is make-believe utilized for the purpose of understanding what I call “props,” actual objects or states of affairs that make propositions “fictional,” true in the make-believe world. I, David Hills, and others have claimed that prop oriented make-believe lies at the heart of the functioning of many metaphors, and one variety of fictionalism in metaphysics invokes prop oriented make-believe to explain away apparent references to entities some find questionable or problematic (fictional characters, propositions, moral properties, numbers). (...) Elisabeth Camp has argued against my and David Hills’ views of metaphor. Her arguments, many of them echoed by Catharine Wearing, demolish a very implausible account of metaphor, but leave entirely untouched the views that Hills and I actually proposed. Clarifying what we say about metaphor serves also as a defense of fictionalist theories that invoke prop oriented make-believe. (shrink)

Fictionalism has recently returned as a standard response to ontologically problematic domains. This article assesses moral fictionalism. It argues (i) that a correct understanding of the dialectical situation in contemporary metaethics shows that fictionalism is only an interesting new alternative if it can provide a new account of normative content: what is it that I am thinking or saying when I think or say that I ought to do something; and (ii) that fictionalism, qua fictionalism, (...) does not provide us with any new resources for providing such an account. (shrink)

The debate concerning the ontological status of musical works is perhaps the most animated debate in contemporary analytic philosophy of music. In my view, progress requires a piecemeal approach. So in this article I hone in on one particular musical work concept – that of the classical Western art musical work; that is, the work concept that regulates classical art-musical practice. I defend a fictionalist analysis – a strategy recently suggested by Andrew Kania as potentially fruitful – and I develop (...) a version of such an analysis in line with a broad commitment to philosophical naturalism. (shrink)

This paper defends an approach to modeling and models in science that is against model fictionalism of a recent stripe (the “new fictionalism” that takes models to be abstract entities that are analogous to works of fiction). It further argues that there is a version of fictionalism on models to which my approach is neutral and which only makes sense if one adopts a special sort of antirealism (e.g. constructive empiricism). Otherwise, my approach strongly suggests that one (...) stays away from fictionalism and embraces realism directly. (shrink)

These comments are my contribution to the author-meets-critics session on Katharina Kraus' recently published Kant on Self-Knowledge and Self-Formation, at the APA Pacific meeting. In my comments, I challenge Kraus' characterization of my fictionalism concerning the idea of the soul, and contend for the importance of transcendental illusion in that idea's function of guiding the empirical investigation of inner appearances.

Mental fictionalism is not the benign view that we may better understand the mind if we think of mental states as something like useful fictions, but the more radical view that mental states just are useful fictions. This paper argues that, if one were to treat mental states as a kind of fiction, the genre of fiction best suited to this purpose would be fantasy make-believe, in which magic is a central feature. After defending a promising fictionalist account of (...) mental discourse as a kind of prop-oriented make believe against recent criticism, the paper ultimately concludes that mental fictionalism faces further, potentially insurmountable, challenges. Most significantly, there is a problematic disanalogy between folk psychology and fiction: our mental state attributions aim to track truth, and this crucial aspect of our mental discourse cannot be captured if we interpret it as a kind of fictional discourse. For this and other reasons, the cost of adopting mental fictionalism likely outweighs its benefits. Whether or not these problems can be resolved, there is still much to be gained from taking mental fictionalism seriously: in doing so we may illuminate several important features of our own folk psychology that often go unnoticed. (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)

In "How to Speak of the Colors", Mark Johnston’s claims that eliminativism would require us to jettison colour discourse. In this paper, I challenge Johnston’s claim. I argue that a particular version of eliminativism, i.e., prescriptive colour fictionalism, allows us to continue employing colour discourse as we have thus far in the absence of colours. In doing so, it employs statistical models in its base discourse to derive high-level statistical constructs that can be linked to the fiction via bridge (...) principles. (shrink)

According to John Mackie, moral talk is representational but its metaphysical presuppositions are wildly implausible. This is the basis of Mackie's now famous error theory: that moral judgments are cognitively meaningful but systematically false. Of course, Mackie went on to recommend various substantive moral judgments, and, in the light of his error theory, that has seemed odd to a lot of folk. Richard Joyce has argued that Mackie's approach can be vindicated by a fictionalist account of moral discourse. And Mark (...) Kalderon has argued that moral fictionalism is attractive quite independently of Mackie's error-theory. Kalderon argues that the Frege-Geach problem shows that we need moral propositions, but that a fictionalist can and should embrace propositional content together with a non-cognitivist account of acceptance of a moral proposition. Indeed, it is clear that any fictionalist is going to have to postulate more than one kind of acceptance attitude. We argue that this doubleapproach to acceptance generates a new problem -a descendent of Frege-Geach -which we call the acceptance-transfer problem. Although we develop the problem in the context of Kalderon's version of non-cognitivist fictionalism, we show that it is not the noncognitivist aspect of Kalderon's account that generates the problem. A closely related problem surfaces for the more typical variants of fictionalism according to which accepting a moral proposition is believing some closely related non-moral proposition. Fictionalists of both stripes thus have an attitude problem. (shrink)

This paper surveys contemporary accounts of error theory and fictionalism. It introduces these categories to those new to metaethics by beginning with moral nihilism, the view that nothing really is right or wrong. One main motivation is that the scientific worldview seems to have no place for rightness or wrongness. Within contemporary metaethics there is a family of theories that makes similar claims. These are the theories that are usually classified as forms of error theory or fictionalism though (...) there are different ways of accepting some form of the view that nothing is really write or wrong. A range of different ways of going in the light of such a realization is also proposed. The resulting taxonomy of positions is quite complicated and sometimes surprising. One surprise will be that some positions plausibly classified as error theories or forms of fictionalism do not quite seem to be forms of nihilism. (shrink)

This paper offers fictionalism as a new approach to the problem of reasonable disagreement discussed in social epistemology. The conciliationist approach to reasonable disagreement is defined, and three problems with it are posed: that it is destructive of inquiry, self-defeating, and unacceptably revisionary. Hans Vaihinger’s account of fictions is explained, and it is shown that if the intellectual commitments that are the subject of reasonable disagreements are treated as fictions rather than as beliefs, the three noted problems are avoided. (...) Whereas beliefs have a “rivalrous” relation to the source of their justification (evidence), fictions have a non-rivalrous relation to the source of their justification (expediency), meaning that disagreement over which fictions to employ is not problematic in the way that disagreement over what to believe is. Some objections to the fictionalist approach to reasonable disagreement are answered. (shrink)

There is a debate among moral error theorists. It concerns what is to be done with moral discourse once it is believed to be systematically false or untrue. It has been called the ‘now what’ problem. Should error theorists abolish morality or insulate themselves in some way from this nihilistic consequence of belief in error theory? Assertive moral abolitionism aims to have error theorists avoid any insulation and abolish morality altogether. Revolutionary moral fictionalism aims for insulation by having error (...) theorists start treating morality as a useful fiction. There are certain problems with assertive moral abolitionism and revolutionary moral fictionalism, however. This paper argues for a hybrid view that combines the best parts of both views. I call this position ‘reactionary moral fictionalism.’ It says it might be wise for certain individual error theorists to abolish morality in most cases, but remain quiet about their abolition. It also says that these error theorists should use morality as a fiction in those situations where it would be practically detrimental not to use moral discourse. In such situations, the error theorist should employ moral fictionalism. A fictionalist approach should thus be used only as a passive reaction to contexts where it cannot be avoided. The advice offered to certain individual error theorists by reactionary moral fictionalism is thus ‘abolish morality when one can, but use morality as a fiction when one has to.’ It is argued that this solution to the ‘now what’ problem offers superior therapeutic benefits for these individuals and could possibly serve as a compromise between assertive moral abolitionism and revolutionary moral fictionalism. (shrink)

An annotated bibliography of legal epistemology.

It has been claimed that a key difference between ancient and contemporary skepticism is that, unlike the ancient skeptics, contemporary skeptics consider ordinary beliefs to be insulated from skeptical doubt. In the case of metaethics, this issue is related to the following question: what attitude towards ordinary moral thought and discourse should one adopt if one is a moral skeptic? Whereas moral abolitionists claim that one should do away with ordinary moral thought and discourse altogether, moral fictionalists maintain that, given (...) that morality produces practical benefits, one should continue to make moral utterances and have moral thoughts, while at the same time refraining from asserting such utterances and believing such thoughts. Focusing particularly on Mackie’s skeptical stance, the present essay considers whether the view that first-order moral beliefs are unaffected by moral skepticism is defensible, whether moral fictionalism is compatible with moral insulation, and whether contemporary moral skeptics are in general committed to there being insulation between first- and second-order levels. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a (...) class='Hi'>legal requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

A pressing problem for many non-realist1 theories concerning various specific subject matters is the challenge of making sense of our ordinary propositional attitude claims related to the subject in question. Famously in the case of ethics, to take one example, we have in ordinary language prima facie ascriptions of beliefs and desires involving moral properties and relationships. In the case, for instance, of “Jason believes that Kylie is virtuous”, we appear to have a belief which takes Kylie to be a (...) certain way. If Jason desires that Kylie acts as she ought, he appears to have a desire which has as its content that Kylie perform actions of a certain sort (i.e. the actions that she ought to perform). However, for non-cognitivists in ethics who reject the idea that sentences such as “Kylie is virtuous” or “Kylie acts as she ought” are in the business of making truth-apt claims, or representing that certain moral features are possessed by objects or events, or even, in extreme cases, that such claims express propositions at all, the semantic analysis of the example propositional attitude claims made about Jason will have to be non-standard. (This is merely an application of the well-known “Frege-Geach problem” (see Geach 1965) to the case of embedding moral vocabulary in propositional-attitude ascriptions.). (shrink)

In our everyday discourse, most of us use modal statements to express possibility, necessity, or contingency. Logicians, linguists, and philosophers of language tend to use the possible world discourse to analyse the semantics of this kind of sentences. There is a disadvantage of this method: in the usual Quinean meta-ontology it commits the users to the existence of possible worlds. Even though there are many theories on metaphysics of these possible worlds, I will focus on the fictionalist approach, which aims (...) to suspend the undesired ontological commitment. Therefore it is an anti-realist theory. The fictionalist strategy is based on the idea that according to our common-sense ontology, fictions and fictional entities do not exist, and one can treat the possible world discourse as a fiction, and the possible worlds as fictional entities. However, in the last two decades, realist theories about fictions and fictional entities have arisen, especially the abstract artefact theory. In this paper I try to revise the fictionalist approach to modality by keeping the main idea that possible worlds are fictional entities, while accepting that fictional entities are abstract artefacts. The result is a new realist theory of modal fictionalism. (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)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge (...) to another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)