A stable classification of practical principles into mutually exclusive types is foundational to Kant’s moral theory. Yet, other than a few brief hints on the distinction between maxims and laws, he does not provide any elaborate discussion on the classification and the types of practical principles in his works. This has led Onora O’Neill and Lewis Beck to reinterpret Kant’s classification of practical principles in a way that would clarify the conceptual connection between maxims and laws. In this paper (...) I argue that the revised interpretations of O’Neill and Beck stem from a mistaken reading of the fundamental basis of the classification of practical principles. To show this, I first argue that Kant distinguishes between maxims and laws on the bases of validity and reality. I then argue that although a practical principle necessarily has the feature of validity, its reality in actually moving the agents to action sufficiently makes a principle a practical principle. If this is so, I argue that the classification of practical principles must be based on the extent to which they are effective in human agents. Such a classification yields us three exhaustive and mutually exclusive types namely, “maxims that are not potential laws”, “maxims that are potential laws” and “laws that are not maxims”. (shrink)

Motto: “History is denied not because it is ‘false’ but because, although impossible to be assimilated as present, it remains active in the present.” Martin Heidegger -/- “It is to be expected that people remember their past and imagine their future. But in fact, when they write discourses about history they imagine it through the prism of their own experiences and when they try to ponder over the future they refer to presupposed analogies with the past, until, in a double (...) process of repetition they imagine their past and remember their future.” Lewis Nanier. (shrink)

Robert Sinclair’s *Quine, Conceptual Pragmatism, and the Analytic-Synthetic Distinction* persuasively argues that Quine’s epistemology was deeply influenced by C. I. Lewis’s pragmatism. Sinclair’s account raises the question why Quine himself frequently downplayed Lewis’s influence. Looking back, Quine has always said that Rudolf Carnap was his “greatest teacher” and that his 1933 meeting with the German philosopher was his “first experience of sustained intellectual engagement with anyone of an older generation” (1970, 41; 1985, 97-8, my emphasis). Quine’s autobiographies contain (...) only a handful of biographical references to Lewis and he regularly soft-pedaled the latter’s influence in private correspondence. In this note, I discuss some archival evidence that helps us better understand Quine’s reluctance to acknowledge Lewis’s influence. I contextualize the relation between Lewis and Quine and argue that the latter viewed his teacher as a retrograde force in modern epistemology, impeding the more rigorous approach that Carnap had been developing in Europe. Next, I briefly discuss Lewis’s contribution to the development of scientific philosophy in the United States and argue that Quine underestimated his teacher’s role in this process. In doing so, I hope to show that Quine’s zealous commitment to Carnap’s approach negatively affected his assessment of Lewis’s influence, thereby supplementing Sinclair’s praiseworthy reconstruction with an explanation of why Quine himself underestimated Lewis’s role. (shrink)

In 1901 Russell had envisaged the new analytic philosophy as uniquely systematic, borrowing the methods of science and mathematics. A century later, have Russell’s hopes become reality? David Lewis is often celebrated as a great systematic metaphysician, his influence proof that we live in a heyday of systematic philosophy. But, we argue, this common belief is misguided: Lewis was not a systematic philosopher, and he didn’t want to be. Although some aspects of his philosophy are systematic, mainly his (...) pluriverse of possible worlds and its many applications, that systematicity was due to the influence of his teacher Quine, who really was an heir to Russell. Drawing upon Lewis’s posthumous papers and his correspondence as well as the published record, we show that Lewis’s non- Quinean influences, including G.E. Moore and D.M. Armstrong, led Lewis to an anti- systematic methodology which leaves each philosopher’s views and starting points to his or her own personal conscience. (shrink)

Abstract: According to the realist about philosophy, the goal of philosophy is to come to know the truth about philosophical questions; according to what Helen Beebee calls equilibrism, by contrast, the goal is rather to place one’s commitments in a coherent system. In this paper, I present a critique of equilibrism in the form Beebee defends it, paying particular attention to her suggestion that various meta-philosophical remarks made by David Lewis may be recruited to defend equilibrism. At the end (...) of the paper, I point out that a realist about philosophy may also be a pluralist about philosophical culture, thus undermining one main motivation for equilibrism. (shrink)

[What It’s Like, or What It’s About? The Place of Consciousness in the Material World] Summary: The book is both a survey of the contemporary debate and a defense of a distinctive position. Most philosophers nowadays assume that the focus of the philosophy of consciousness, its shared explanandum, is a certain property of experience variously called “phenomenal character,” “qualitative character,” “qualia” or “phenomenology,” understood in terms of what it is like to undergo the experience in question. Consciousness as defined in (...) terms of its phenomenal aspect is often called “phenomenal consciousness.” The major issue that occupies most thinkers is whether this phenomenal character happens to be a physical property, or whether it is rather sui generis. Those who believe the former are materialists; those who conclude the latter are dualists. As the currently dominant metaphysic is materialism – also sometimes called physicalism – the challenge appears to be to slot phenomenal properties among the physical properties that ultimately make up the world. David Chalmers argued powerfully that we can go very far in situating many mental properties in the physical world – namely, the properties that can be understood in functional terms – but that phenomenal properties resist such a treatment. Chalmers calls this “the hard problem” of consciousness. But there are also some quite powerful positive arguments for dualism. The two most influential ones are the modal argument, also offered by Chalmers, and the knowledge argument invented by Frank Jackson. Chalmers invites us to conceive of creatures that are exactly like human beings – physically, functionally, behaviorally – only bereft of phenomenal consciousness. If such creatures are conceivable, says Chalmers, they are metaphysically possible. And if they are metaphysically possible, materialism is false. Jackson, for his part, suggests we imagine Mary who has spent her entire life inside a black-and-white room and has seen the world through a black-and-white TV screen. But she also happens to know everything there is to know about the physics of color. And yet, Jackson suggests that once Mary is finally released from her room and sees a lawn outside, she learns something new: that this is what it is like to experience green color. The current work on consciousness is by and large characterized by attempts to answer these two dualistic arguments. I try to make sense of the positions within the domain of philosophy of consciousness by means of two major distinctions that mutually intersect. First, there is a distinction between dualism and materialism. An apparent third alternative currently on offer, the so-called Russellian monism, is unstable, collapsing into either dualism (panpsychism) or materialism (Russellian physicalism). Materialism comes in two main flavors: either the a posteriori physicalism, which detects an epistemic gap between phenomenal and physical truths, hence denying that the former could be derived from the latter; or the a priori physicalism, which does not acknowledge any such obstacle. The second major distinction is between phenomenism and representationalism. It’s true that Ned Block, who introduced this contrast, meant to distinguish between two kinds of materialism. But I believe that the distinction actually intersects the one between materialism and dualism. We thus arrive at a table with six slots, representing six main positions in the philosophy of consciousness: (1) dualist phenomenism (Chalmers, the early Jackson, and Tyler Burge); (2) dualist representationalism (René Descartes); (3) aposteriori materialist phenomenism (Block); (4) a posteriori materialist representationalism (Michael Tye, Fred Dretske, David Rosenthal); (5) a priori materialist phenomenism (David Lewis); and (6) a priori materialist representationalism (Daniel Dennett, Derk Pereboom). However, this scheme is in fact somewhat misleading. It is true that Dennett is usually classified as an apriori materialist (or, more precisely an apriori materialist representationalist), but I believe that needs to be corrected. In order to understand why, I first analyze varieties of materialist representationalism in detail, in particular various construals of phenomenal character in terms of representation, or intentionality, which includes a discussion of the identity of its content (the issue of externalism). By contrast, Dennett rejects the concept of phenomenal character. Consciousness has no intrinsic, publicly inaccessible properties. On that ground, Dennett builds an empirical, fully functionalist theory of consciousness, which he also tries to integrate within a general Darwinian framework. From that point of view, one can contrast Dennettian and representationalist views on the issue of animal consciousness. In addition to his rejection of phenomenal character, Dennett also abstains from the regular metaphysical departure point of regular materialism. He does not so much ask how an enigmatic property of consciousness fits an antecedently characterized world, but rather how far we can investigate all aspects of the world, including consciousness, using the scientific method. He is thus a methodological naturalist, rather than a metaphysical materialist. While this approach removes obstacles to the science of consciousness, it does not solve what might be called “the hardest problem” – of intentionality, not phenomenal consciousness. The hardest problem consists in the fact that our intentional discourse involves conflicting commitments that prevent a coherent metaphysic of representational states. However, it does not follow that we should give up on this discourse as a theoretical means of reduction as well as a practical tool of explanation. But it might be that intentional discourse is a somewhat pseudo one. (shrink)

W. V. Quine famously defended two theses that have fallen rather dramatically out of fashion. The first is that intensions are “creatures of darkness” that ultimately have no place in respectable philosophical circles, owing primarily to their lack of rigorous identity conditions. However, although he was thoroughly familiar with Carnap’s foundational studies in what would become known as possible world semantics, it likely wouldn’t yet have been apparent to Quine that he was fighting a losing battle against intensions, due in (...) large measure to developments stemming from Carnap’s studies and culminating in the work of Kripke, Hintikka, and Bayart. These developments undermined Quine’s crusade against intensions on two fronts. First, in the context of possible world semantics, intensions could after all be given rigorous identity conditions by defining them (in the simplest case) as functions from worlds to appropriate extensions, a fact exploited to powerful and influential effect in logic and linguistics by the likes of Kaplan, Montague, Lewis, and Cresswell. Second, the rise of possible world semantics fueled a strong resurgence of metaphysics in contemporary analytic philosophy that saw properties and propositions widely, fruitfully, and unabashedly adopted as ontological primitives in their own right. This resurgence — happily, in my view — continues into the present day. -/- For a time, at any rate, Quine experienced somewhat better success with his second thesis: that higher-order logic is, at worst, confused and, at best, a quirky notational alternative to standard first-order logic. However, Quine notwithstanding, a great deal of recent work in formal metaphysics transpires in a higher-order logical framework in which properties and propositions fall into an infinite hierarchy of types of (at least) every finite order. Initially, the most philosophically compelling reason for embracing such a framework since Russell first proposed his simple theory of types was simply that it provides a relatively natural explanation of the paradoxes. However, since the seminal work of Prior there has been a growing trend to consider higher-order logic to be the most philosophically natural framework for metaphysical inquiry, many of the contributors to this volume being among the most important and influential advocates of this view. Indeed, this is now quite arguably the dominant view among formal metaphysicians. -/- In this paper, and against the current tide, I will argue in §1 that there are still good reasons to think that Quine’s second battle is not yet lost and that the correct framework for logic is first-order and type-free — properties and propositions, logically speaking, are just individuals among others in a single domain of quantification — and that it arises naturally out of our most basic logical and semantical intuitions. The data I will draw upon are not new and are well-known to contemporary higher-order metaphysicians. However, I will try to defend my thesis in what I believe is a novel way by suggesting that these basic intuitions ground a reasonable distinction between “pure” logic and non-logical theory, and that Russell-style semantic paradoxes of truth and exemplification arise only when we move beyond the purely logical and, hence, do not of themselves provide any strong objection to a type-free conception of properties and propositions. -/- Most of my arguments in §1 are largely independent of any specific account of the nature of properties and propositions beyond their type-freedom. However, I will in addition argue that there are good reasons to take propositions, at least, to be very fine-grained. My arguments are thus bolstered significantly if it can be shown that there are in fact well-defined examples of logics that are not only type-free but which comport with such a conception of propositions. It is the purpose of §2 to lay out a logic of this sort in some detail, drawing especially upon work by George Bealer and related work of my own. With the logic in place, it will be possible to generalize the line of argument noted above regarding Russell-style paradoxes and, in §3, apply it to two propositional paradoxes — the Prior-Kaplan paradox and the Russell-Myhill paradox — that are often taken to threaten the sort of account developed here. (shrink)

Lewisian Genuine Realism about possible worlds is often deemed unable to accommodate impossible worlds and reap the benefits that these bestow to rival theories. This thesis explores two alternative extensions of GR into the terrain of impossible worlds. It is divided in six chapters. Chapter I outlines Lewis’ theory, the motivations for impossible worlds, and the central problem that such worlds present for GR: How can GR even understand the notion of an impossible world, given Lewis’ reductive theoretical (...) framework? Since the desideratum is to incorporate impossible worlds into GR without compromising Lewis’ reductive analysis of modality, Chapter II defends that analysis against objections. The rest of the thesis is devoted to incorporating impossible worlds into GR. Chapter III explores GR-friendly impossible worlds in the form of set-theoretic constructions out of genuine possibilia. Then, Chapters IV-VI venture into concrete impossible worlds. Chapter IV addresses Lewis’ objection against such worlds, to the effect that contradictions true at impossible worlds amount to true contradictions tout court. I argue that even if so, the relevant contradictions are only ever about the non-actual, and that Lewis’ argument relies on a premise that cannot be nonquestion- beggingly upheld in the face of genuine impossible worlds in any case. Chapter V proposes that Lewis’ reductive analysis can be preserved, even in the face of genuine impossibilia, if we differentiate the impossible from the possible by means of accessibility relations, understood non-modally in terms of similarity. Finally, Chapter VI counters objections to the effect that there are certain impossibilities, formulated in Lewis’ theoretical language, which genuine impossibilia should, but cannot, represent. I conclude that Genuine Realism is still very much in the running when the discussion turns to impossible worlds. (shrink)

Russell’s role in the controversy about the paradoxes of material implication is usually presented as a tale of how even the greatest minds can fall prey to basic conceptual confusions. Quine accused him of making a silly mistake in Principia Mathematica. He interpreted “if- then” as a version of “implies” and called it material implication. Quine’s accusation is that this decision involved a use-mention fallacy because the antecedent and consequent of “if-then” are used instead of being mentioned as the premise (...) and the conclusion of an implication relation. It was his opinion that the criticisms and alternatives to the material implication presented by C. I. Lewis and others would never be made in the first place if Russell simply called the Philonian construction “material conditional” instead of “material implication”. Quine’s interpretation of the topic became hugely influential if not universally accepted. This paper will present the following criticisms against this interpretation: (1) the notion of material implication does not involve a use-mention fallacy, since the components of “if-then” are mentioned and not used; (2) Quine’s belief that the components of “if-then” are used was motivated by a conditional-assertion view of conditionals that is widely controversial and faces numerous difficulties; (3) if anything, it was Quine who could be accused of fallacious reasoning: he ignored that in the assertion of a conditional is the whole proposition that is asserted and not its constituents; (4) the Philonian construction remains counter-intuitive even if it is called “material conditional”; (5) the Philonian construction is more plausible when it is interpreted as a material implication. (shrink)

Grace A. de Laguna was an American philosopher of exceptional originality. Many of the arguments and positions she developed during the early decades of the twentieth century later came to be central to analytic philosophy. These arguments and positions included, even before 1930, a critique of the analytic-synthetic distinction, a private language argument, a critique of type physicalism, a functionalist theory of mind, a critique of scientific reductionism, a methodology of research programs in science and more. Nevertheless, de Laguna identified (...) herself as a defender of the speculative vision of philosophy, a vision which, in her words, “analytic philosophy condemns.” I outline her speculative vision of philosophy as well as what is, in effect, an argument she offers against analytic philosophy. This is an argument against the view that key parts of established opinion, e.g., our best theoretical physics or most certain common sense, should be assumed to be true in order to answer philosophical questions. I go on to bring out the implications of her argument for the approaches to philosophy of Bertrand Russell, Willard V. Quine and David Lewis, and I also compare the argument to recent, related arguments against analytic philosophy. I will suggest that de Laguna offers a viable critique of analytic philosophy and an alternative approach to philosophy that meets this critique. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

In this paper, we clarify, unpack, and ultimately resist what is perhaps the most prominent argument for the compatibility of free will and determinism: the epistemic argument for compatibilism. We focus on one such argument as articulated by David Lewis: (i) we know we are free, (ii) for all we know everything is predetermined, (iii) if we know we are free but for all we know everything is predetermined, then for all we know we are free but everything is (...) predetermined, (iv) if for all we know we are free but predetermined, then it is really possible that we are, so (v) compatibilism. We uncover how the crucial epistemic modality underlying (iv) must be understood, and contend that, understood this way, the libertarian can resist (iv). Importantly, however, resisting the argument does commit the libertarian to what has been called “flip-flopping”—but we argue that this is perfectly coherent. We conclude by articulating two crucially ways the libertarian can resist the argument, by saying that we can know that determinism is false "from the armchair". (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

This eighth volume of Collected Papers includes 75 papers comprising 973 pages on (theoretic and applied) neutrosophics, written between 2010-2022 by the author alone or in collaboration with the following 102 co-authors (alphabetically ordered) from 24 countries: Mohamed Abdel-Basset, Abduallah Gamal, Firoz Ahmad, Ahmad Yusuf Adhami, Ahmed B. Al-Nafee, Ali Hassan, Mumtaz Ali, Akbar Rezaei, Assia Bakali, Ayoub Bahnasse, Azeddine Elhassouny, Durga Banerjee, Romualdas Bausys, Mircea Boșcoianu, Traian Alexandru Buda, Bui Cong Cuong, Emilia Calefariu, Ahmet Çevik, Chang Su Kim, Victor (...) Christianto, Dae Wan Kim, Daud Ahmad, Arindam Dey, Partha Pratim Dey, Mamouni Dhar, H. A. Elagamy, Ahmed K. Essa, Sudipta Gayen, Bibhas C. Giri, Daniela Gîfu, Noel Batista Hernández, Hojjatollah Farahani, Huda E. Khalid, Irfan Deli, Saeid Jafari, Tèmítópé Gbóláhàn Jaíyéolá, Sripati Jha, Sudan Jha, Ilanthenral Kandasamy, W.B. Vasantha Kandasamy, Darjan Karabašević, M. Karthika, Kawther F. Alhasan, Giruta Kazakeviciute-Januskeviciene, Qaisar Khan, Kishore Kumar P K, Prem Kumar Singh, Ranjan Kumar, Maikel Leyva-Vázquez, Mahmoud Ismail, Tahir Mahmood, Hafsa Masood Malik, Mohammad Abobala, Mai Mohamed, Gunasekaran Manogaran, Seema Mehra, Kalyan Mondal, Mohamed Talea, Mullai Murugappan, Muhammad Akram, Muhammad Aslam Malik, Muhammad Khalid Mahmood, Nivetha Martin, Durga Nagarajan, Nguyen Van Dinh, Nguyen Xuan Thao, Lewis Nkenyereya, Jagan M. Obbineni, M. Parimala, S. K. Patro, Peide Liu, Pham Hong Phong, Surapati Pramanik, Gyanendra Prasad Joshi, Quek Shio Gai, R. Radha, A.A. Salama, S. Satham Hussain, Mehmet Șahin, Said Broumi, Ganeshsree Selvachandran, Selvaraj Ganesan, Shahbaz Ali, Shouzhen Zeng, Manjeet Singh, A. Stanis Arul Mary, Dragiša Stanujkić, Yusuf Șubaș, Rui-Pu Tan, Mirela Teodorescu, Selçuk Topal, Zenonas Turskis, Vakkas Uluçay, Norberto Valcárcel Izquierdo, V. Venkateswara Rao, Volkan Duran, Ying Li, Young Bae Jun, Wadei F. Al-Omeri, Jian-qiang Wang, Lihshing Leigh Wang, Edmundas Kazimieras Zavadskas. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Revisionary ontologists are making a comeback. Quasi-nihilists, like Peter van Inwagen and Trenton Merricks, insist that the only composite objects that exist are living things. Unrestriced universalists, like W.V.O. Quine, David Lewis, Mark Heller, and Hud Hudson, insist that any collection of objects composes something, no matter how scattered over time and space they may be. And there are more besides. The result, says Eli Hirsch, is that many commonsense judgments about the existence or identity of highly visible physical (...) objects are a priori necessarily false. In a “last ditch effort” to bring revisionary ontologists back to their senses, Hirsch marshalls what he calls the Argument from Charity. We can be sure that there are tables and chairs and that there are no fusions of Plato’s nose and the Eiffel Tower, says Hirsch, because these commonsense platitudes are a logical consequence of the well-known principle of interpretive charity applied to natural languages, like English. In what follows, I assess the Argument from Charity. My conclusion is that if this is the best we can do to save revisionary ontologists, they are surely lost forever. (shrink)

What are the reasons for theory change in science? –To give a sober answer a comprehensible model is proposed based on the works of V.P. Bransky, P. Feyerabend , T.S. Kuhn, I. Lakatos, K.R.Popper, V.S. Scwvyrev, Ya. Smorodinsky, V.S. Stepin, and others. According to model the origins of scientific revolutions lie not in a clash of fundamental theories with facts, but of “old” basic research traditions with each other, leading to contradictions that can only be eliminated in a more general (...) theory. The model is illustrated with reference to physics in the early 20th century, the three “old” research programmes in this case being Maxwellian electrodynamics, statistical mechanics and thermodynamics. Modern example, referring to general relativity and quantum field theory, is considered. Key words: Bransky, Feyerabend, Popper, Kuhn, Lakatos, Stepin, Einstein, Lorentz, Planck. (shrink)

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

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

Clayton and Stevens argue that political liberals should engage with the religiously unreasonable by offering religious responses and showing that their religious views are mistaken, instead of refusing to engage with them. Yet they recognize that political liberals will face a dilemma due to such religious responses: either their responses will alienate certain reasonable citizens, or their engagements will appear disingenuous. Thus, there should be a division of justificatory labour. The duty of engagement should be delegated to religious citizens. In (...) this comment, I will argue that the division of justificatory labour is indefensible. This dilemma can be avoided if politicians and political philosophers correctly use conjecture, a form of discourse that involves non-public reason. As a conditional response, conjecture avoids alienating any reasonable citizens. Also, if conjecture is given in a sincere and open-minded manner, then the problem of disingenuousness can be overcome. My comment concludes that while the engagement of politicians and political philosophers does not necessarily jeopardize overlapping consensus, they should be permitted, or perhaps even required, to engage with the religiously unreasonable due to the natural duty of justice. (shrink)

In a well-ordered society, democratic officials face an assurance problem. They want to ensure that others will act reasonably when they do the same. According to political liberals, public reason can solve this problem, but the details of how assurance is generated are unclear. This article explains the assurance mechanism in political liberalism. Apart from public reason, mutual assurance is also provided by a long-term record of civic deeds. By performing civic deeds over time, officials signal their reasonableness to each (...) other. This record of civic deeds is costly to unreasonable officials and thus represents a reliable way to differentiate trustworthy fellows from others. The article also shows that a recent critique of political liberalism, which argues that public reason is merely cheap talk and thus political liberalism fails to provide mutual assurance, misses the point. It overlooks that assurance is created through talks and deeds together. (shrink)

Contractualism is a normative theory which characterizes principles of right in terms of the idea of mutual respect. In this theory, mutual respect is regarded as having deliberative priority over other values. This essay aims to examine how contractualists can provide a satisfactory justification for prioritizing mutual respect. I will argue that the ‘value of mutual respect argument,’ which is a justification commonly adopted by contractualists, is inadequate because an unconditional priority of mutual respect cannot be grounded on the desirability (...) of a relationship of mutual respect. Then I will suggest that a ‘consistency argument’ can provide a better justification of why the idea of mutual respect should have priority. Mutual respect is of special importance, not because it is highly desirable, but rather because it is required by an a priori guiding principle of consistency. Individuals become inconsistent if they ask others to respect them as reason-assessing individuals, while at the same time refusing to respect others in the same way. (shrink)

In Public Reason Confucianism, Kim Sungmoon presents a perfectionist theory that is based on a partially comprehensive Confucian doctrine but is non-sectarian, since the doctrine is widely shared in East Asian societies. Despite its attractiveness, I argue that this project, unfortunately, fails because it is still vulnerable to the sectarian critique. The blurred distinction between partially and fully comprehensive doctrines will create a loophole problem. Sectarian laws and policies may gain legitimacy that they do not deserve. I further defend political (...) Confucianism, which is regarded by Kim as an inadequately intelligible form of Confucianism. Kim assumes a too narrow understanding of intelligibility. Although political Confucianism may not be politically intelligible, it is civically intelligible, i.e. it is culturally intelligibly different from other political theories in terms of its implications in citizens’ actions in civil society. In light of civic intelligibility, the distinctiveness of political Confucianism should not be underestimated. (shrink)

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...) the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

An interview exploring the complexity of contemporary French philosophical atheism, in the light of Difficult Atheism: Post-Theological Thinking in Badiou, Nancy and Meillassoux (Edinburgh UP, 2011).

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

New Atheists and Anti-Theists (such as Richard Dawkins, Daniel Dennett, Sam Harris, Christopher Hutchins) affirm that there is a strong connection between being a traditional theist and being a religious fundamentalist who advocates violence, terrorism, and war. They are especially critical of Islam. On the contrary, I argue that, when correctly understood, religious dogmatic belief, present in Judaism, Christianity, and Islam, is progressive and open to internal and external criticism and revision. Moreover, acknowledging that human knowledge is finite and that (...) humans are fallible and have much to learn, dogmatic religious believers accept that they ought to value and seek to acquire moral and intellectual virtues, including the virtues of temperance and reasonability. (shrink)

Recenzio Kiraly V. Istvan Death and History c. konyverol.

The relationship between animal rights and contractarian theories of justice such as that of Rawls has long been vexed. In this article, I contribute to the debate over the possibility of inclusion of animals in Rawls’s theory of justice by critiquing the rationale he gives for their omission: that they do not possess moral personality. Contrary to Rawls’s assumptions, it appears that some animals may possess the moral powers that comprise moral personality, albeit to a lesser extent than most humans. (...) Some animals can act in pursuit of preferences and desires (and communicate them non-verbally), which might be taken as implicitly selecting a conception of the good; further, scientific research demonstrating inequity aversion and social play behaviors suggests that some animals can have a sense of justice relating to their own social groups. I conclude that Rawls’s theory needs to acknowledge any animals that can be considered to meet the threshold of moral personality, while the concept of moral personality as a range property may also require reconsideration. (shrink)

It is common for people to be sensitive to aesthetic qualities in one another’s speech. We allow the loveliness or unloveliness of a person’s voice to make impressions on us. What is more, it is also common to allow those aesthetic impressions to affect how we are inclined to feel about the speaker. We form attitudes of liking, trusting, disliking or distrusting partly in virtue of the aesthetic qualities of a person’s speech. In this paper I ask whether such attitudes (...) could ever be legitimate. This is a microcosm of the broader issue of whether people’s aesthetic qualities in general can justify the interpersonal valuing-attitudes that they so often cause. I draw from recent discussions of body aesthetics to articulate a pair of challenges. One challenge says that aesthetic judgements of speech are reliant on unjustifiable prejudices. The other holds that a person’s aesthetic qualities are irrelevant to whether they should be liked. Against these challenges I argue that some speech can bear aesthetic qualities which are not reliant on prejudice and which are relevant to whether the speaker should be liked. I develop this argument through an analysis of the concept of lyricism. (shrink)

Causal reasoning and game-theoretic reasoning are fundamental topics in artificial intelligence, among many other disciplines: this paper is concerned with their intersection. Despite their importance, a formal framework that supports both these forms of reasoning has, until now, been lacking. We offer a solution in the form of (structural) causal games, which can be seen as extending Pearl's causal hierarchy to the game-theoretic domain, or as extending Koller and Milch's multi-agent influence diagrams to the causal domain. We then consider three (...) key questions: i) How can the (causal) dependencies in games - either between variables, or between strategies - be modelled in a uniform, principled manner? ii) How may causal queries be computed in causal games, and what assumptions does this require? iii) How do causal games compare to existing formalisms? To address question i), we introduce mechanised games, which encode dependencies between agents' decision rules and the distributions governing the game. In response to question ii), we present definitions of predictions, interventions, and counterfactuals, and discuss the assumptions required for each. Regarding question iii), we describe correspondences between causal games and other formalisms, and explain how causal games can be used to answer queries that other causal or game-theoretic models do not support. Finally, we highlight possible applications of causal games, aided by an extensive open-source Python library. (shrink)

Being able to ask others to do things, and thereby giving them reasons to do those things, is a prominent feature of our interpersonal lives. In this paper, I discuss the distinctive normative status of requests – what makes them different from commands and demands. I argue for a theory of this normative phenomenon which explains the sense in which the reasons presented in requests are a matter of discretion. This discretionary quality, I argue, is something that other theories cannot (...) accommodate, though it is a significant aspect of the relations that people stand in to one another, and the kinds of practical reasons that flow from those relations. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

In the debates regarding the ethics of human enhancement, proponents have found it difficult to refute the concern, voiced by certain bioconservatives, that cognitive enhancement violates the autonomy of the enhanced. However, G. Owen Schaefer, Guy Kahane and Julian Savulescu have attempted not only to avoid autonomy-based bioconservative objections, but to argue that cognition-enhancing biomedical interventions can actually enhance autonomy. In response, this paper has two aims: firstly, to explore the limits of their argument; secondly, and more importantly, to develop (...) a more complete understanding of autonomy and its relation to cognitive enhancement. By drawing a distinction between the capacity for autonomy and the exercise and achievement of autonomy and by exploring the possible effects of cognitive enhancement on both competence and authenticity conditions for autonomy, the paper identifies and explains which dimensions of autonomy can and cannot, in principle, be enhanced via direct cognitive interventions. This allows us to draw conclusions regarding the limits of cognitive enhancement as a means for enhancing autonomy. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Review the Istvan Kiraly V.'s book: Death and History.

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

Antologia revistei Philobiblon editata in 2011.

If there is one thing that everyone knows about Louis Althusser, it is that he killed his wife - the sociologist and résistante Hélène Rytmann-Légotien. In this article, William S. Lewis asks how should this fact effect the reception of Althusser's work, and how should those who find Althusser's reconceptualisation of Marx and Marxism usefully respond?