The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

Many economists and philosophers assume that status quo bias is necessarily irrational. I argue that, in some cases, status quo bias is fully rational. I discuss the rationality of status quo bias on both subjective and objective theories of the rationality of preferences. I argue that subjective theories cannot plausibly condemn this bias as irrational. I then discuss one kind of objective theory, which holds that a conservative bias toward existing things of value is rational. This account can fruitfully explain (...) some compelling aspects of common sense morality, and it may justify status quo bias. (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...) in the two constitutions, each one of us from his own philosophical perspective. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

In recent years, campaigns across the globe have called for the removal of objects symbolic of white supremacy. This paper examines the ethics of altering or removing such objects. Do these strategies sanitize history, destroy heritage and suppress freedom of speech? Or are they important steps towards justice? Does removing monuments and renaming schools reflect a lack of parity and unfairly erase local identities? Or can it sometimes be morally required, as an expression of respect for the memories of people (...) who endured past injustices; a recognition of this history's ongoing legacies; and a repudiation of unjust social hierarchies? (shrink)

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

ABSTRACT Clinicians, researchers and the informed public have come to view addiction as a brain disease. However, in nature even extreme events often reflect normal processes, for instance the principles of plate tectonics explain earthquakes as well as the gradual changes in the face of the earth. In the same way, excessive drug use is predicted by general principles of choice. One of the implications of this result is that drugs do not turn addicts into compulsive drug users; they retain (...) the capacity to say ?no?. In support of the logical implications of the choice theory approach to addiction, research reveals that most addicts quit using drugs by about age 30, that most quit without professional help, that the correlates of quitting are the correlates of decision making, and, according to the most recent epidemiological evidence, the probability of quitting remains constant over time and independent of the onset of dependence. This last result implies that, after an initial period of heavy drug use, remission is independent of any further exposure to drugs. In short, there is much empirical support for the claim that addiction emerges as a function of the rules of everyday choice. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

In this paper, I argue that, if a common form of materialism is true, I cannot know my own thoughts, or even that I am thinking. I conclude that, since I can and do know these things, materialism about mind as I characterize it must be false.

The practicability of the comprehensive FSR concept is problematic. Contemporary FSR must be positioned at the point of overlap between the positivist and constructivist paradigms, which are both grounded in a continual identification with the rational-empirical consciousness, in thinking -being.Spirituality, defined as the process in which one systematically trains the receptivity to gain regular access to transcendental consciousness, emphasizes the experience of just being, of consciousness-as-such. It is an experiential spirituality, which is not based on dogmas, but on do-it-yourself techniques (...) to break the continuous spell of the rational-empirical consciousness. Such a spirituality facilitates the cultivation of societally and environmentally friendly behavior. Sustainability can be defined as the integrative 'emergent property' of experiential spirituality and rational morality based on negotiated agreements.In addition to the outward-oriented approaches of the positivist and constructivist paradigms, an inward-oriented approach, focusing on consciousness development, is recommended. Language-mediated interaction must be supported by consciousness-mediated interaction. (shrink)

In this paper, I argue that neuroscience not only is not complemented, but rather is positively undermined, by the substantive commitments of materialist philosophers of mind. Thus, we can have neuroscience or "neurophilosophy" but not both. Since neuroscience is a real science, to the extent that it is in tension with materialistic neurophilosophy, the latter should be abandoned and the former retained.

This is the third in a series of papers on material modality, which explores the concept of a materially necessary being and argues that such a being exists.

I argue that, despite claims that might be made to the contrary, no scientific evidence could ever prove that introspection is unreliable, even in principle. This paper was read at the annual POH symposium in Lake Wenatchee in May, 2011.

I want to argue that self-deception is a species of a more general phenomenon, which I shall call pseudorationality, which in turn is necessitated by what I shall describe as our highest-order disposition to literal self-preservation. By "literal self-preservation," I mean preservation of the rational intelligibility of the self, in the face of recalcitrant facts that invariably threaten it.

I agree with about 95% of what Paul Moser has written in his book The Elusive God. However, I have three main points of disagreement with Moser, two of which I ventilate in this paper. The third I discuss in my paper "What's Love Got to Do with It?" also on this website.

What are the reasons of theory change in economical science? – The author tries to answer the question utilizing his theory change epistemological model approbated on the natural sciences. Key words: economical theory, theory change, natural science, model.

Thật vui mừng khi thấy sự hiện diện của cuốn Mindsponge Theory (MT) trong hệ thống Harvard Library HOLLIS của Đại học Harvard.

The model of scientific revolution genesis and structure, extracted from Einstein’s revolution and described in author’s previous publications, is applied to the Copernican one . In the case of Einstein’s revolution I had argued that its cause consisted in the clash between the main classical physics scientific programmes: newtonian mechanics, maxwellian electrodynamics, classical thermodynamics and statistical mechanics. Analogously in the present paper it is argued that the Copernican revolution took place due to realization of the dualism between mathematical astronomy and (...) Aristotelian qualitative physics in Ptolemy’s cosmology and the corresponding efforts to eliminate it. The works of Copernicus, Galileo, Kepler and Newton were all the stages of the mathematics descendance from skies to earth and reciprocal extrapolation of earth physics on divine phenomena. (shrink)

Richness theory offers a promising axiology. In this paper, I discuss how to translate it into a deontology. To do so, I recruit the concept of moral distance from a recently developed epistemology, and construe it in terms of causal power. Finally, I apply the resulting decision-theoretic framework to the question of how best to avert ecological disaster over the next 36 years and achieve ecological harmony over the next 986.

The aim of this contribution is to critically explore the understanding, the goals and the meaning of education in the philosophy of education by Jean-Jacques Rousseau. In his educational novel Emile: or On Education [Emile ou De l’éducation] (1762) he depicts his account of the natural education. Rousseau argues that all humans share one and the same development process which is independent of their social background. He regards education as an active process of perfection which is curiosity-driven and intrinsic to (...) each child. Rousseau’s educational goals are autarky, happiness and freedom. (shrink)

This paper presents a preliminary analysis of the first participatory budgeting experiment in the United States, in Chicago's 49th Ward. There are two avenues of inquiry: First, does participatory budgeting result in different budgetary priorities than standard practices? Second, do projects meet normative social justice outcomes? It is clear that allowing citizens to determine municipal budget projects results in very different outcomes than standard procedures. Importantly, citizens in the 49th Ward consistently choose projects that the research literature classifies as low (...) priority. The results are mixed, however, when it comes to social justice outcomes. While there is no clear pattern in which projects are located only in affluent sections of the ward, there is evidence of geographic clustering. Select areas are awarded projects like community gardens, dog parks, and playgrounds, while others are limited to street resurfacing, sidewalk repairs, bike racks, and bike lanes. Based on our findings, we offer suggestions for future programmatic changes. (shrink)

In this book chapter, Moya argues that recognizing, indeed mobilizing, identities in the classroom is a necessary part of educating for a just and democratic society. Only a truly multi-perspectival, multicultural education can create the conditions needed to alter the negative identity contingencies that minority students commonly face, while creating opportunities for all students. By treating identities as epistemic resources and mobilizing them, we can draw out their knowledge-generating potential and allow them to contribute positively to the production and transmission (...) of knowledge. (shrink)

Modern rationalism transformed the modern homeland to a discursive space and time by means of institutes governing the modern society in all its walks. Based on the Newtonian and Kantian conception of space and time the discursive field is just a scene wherein any human individual adopts stewardship to create progress by reducing landscape and non-human life to auxiliary items for human’s benefit. In contrast, Aldo Leopold considered humans, non human life and the landscape as mutually influencing participants and enlarged (...) ethical care to all living participants and the landscape, called ´the land´. Integrity and autonomy of the homeland are the central topics of Leopold’s land ethics. Baird Callicott suggested to complete it with new metaphysical conceptions of space and time. -/- We formulated a metaphysical background for Leopold’s land ethics by phenomenology of space and time based on the Leibnizian conception of space-time. The latter is constructed by particular places and events called ´ecotopois´ embracing all human participants, locals and foreigners in a varying symbolic temporal and spatial field of dynamic process of identification and self consciousness. Adopting Warwick Fox´ transpersonal identification idea non-human life and landscape enriches these processes. Finally, it is not a matter of conquering the land, it is matter of making a community. -/- Though landscape and participants are particular, integrity and autonomy of the homeland claim the universal status of the land. Adopting Gadamer hermeneutical way of understanding, we reject mutual and equally understanding. Only acceptance of mutual prejudice makes room for asymmetric praxis between locals and foreigners as well as between humans and non-humans. What is more, Gadamer´s hermeneutics makes an ontological status of the foreigner possible and recognizes the interest of homeland’s particularity. This universal status is guaranteed as a priori space-time that links subject’s tradition and that of the land to actual contact with the foreigner. Transpersonal identification is a consequence of converging hermeneutical understanding of foreigner’s particularity and that of the landscape. Ethics of the land evolves from the ethical status of any foreigner in the own homeland. -/- . (shrink)

Drawing on findings from the study of prejudice and prejudice reduction, we identify a number of mechanisms through which religious communities may influence the intergroup attitudes of their members. We hypothesize that religious participation could in principle either reduce or promote prejudice with respect to any given target group. A religious community’s influence on intergroup attitudes will depend upon the specific beliefs, attitudes, and practices found within the community, as well as on interactions between the religious community and the larger (...) social environment in which it is embedded. Basing our proposals on findings from the literature on prejudice formation and prejudice reduction allows us to outline useful directions for future studies of religion and prejudice. (shrink)

It is exhibited that maxwellian electrodynamics grew out of the old pre-maxwellian programmes reconciliation: the electrodynamics of Ampere-Weber, the wave theory of Young-Fresnel and Faraday’s scientific research programme. The programmes’ meeting led to construction of the whole hierarchy of theoretical objects starting from the genuine crossbreeds (the displacement current) and up to usual mongrels. After the displacement current invention the interpenetration of the pre-maxwellian programmes began that marked the beginning of theoretical schemes of optics and electromagnetism real unification. Maxwell’s programme (...) did supersede its rivals because it had assimilated some ideas of the Ampere-Weber programme, as well as the presuppositions of the programmes of Young-Fresnel and Faraday. Maxwellian programme’s victory over its rivals became possible because the core of Maxwell’s unification strategy was formed by Kantian epistemology looked through the prism of William Whewell and such representatives of Scottish Enlightenment as Thomas Reid and William Hamilton. It was Kantian epistemology that enabled Hermann von Helmholtz and Heinrich Hertz to arrive at such a version of Maxwell’s theory that could serve a heuristical basis for the radio waves discovery. (shrink)

Much problem solving and learning research in math and science has focused on formal representations. Recently researchers have documented the use of unschooled strategies for solving daily problems -- informal strategies which can be as effective, and sometimes as sophisticated, as school-taught formalisms. Our research focuses on how formal and informal strategies interact in the process of doing and learning mathematics. We found that combining informal and formal strategies is more effective than single strategies. We provide a theoretical account of (...) this multiple strategy effect and have begun to formulate this theory in an ACT-R computer model. We show why students may reach common impasses in the use of written algebra, and how subsequent or concurrent use of informal strategies leads to better problem-solving performance. Formal strategies facilitate computation because of their abstract and syntactic nature; however, abstraction can lead to nonsensical interpretations and conceptual errors. Reapplying the formal strategy will not repair such errors; switching to an informal one may. We explain the multiple strategy effect as a complementary relationship between the computational efficiency of formal strategies and the sense-making function of informal strategies. (shrink)

In this article, I discuss the analysis of the feasibility of global justice developed by Pablo Gilabert in his recent book From Global Poverty to Global Equality: A Philosophical Exploration. Gilabert makes many valuable contributions to this topic and I agree with most of his analysis. However, I identify a distinction between strategic justification and moral justification that Gilabert neglects. I show how this distinction is useful in addressing objections to the feasibility of global justice. I also claim that Gilabert (...) makes some problematic assumptions concerning the way in which global justice is morally demanding. (shrink)

In Nietzsche, ‘European nihilism’ has at its core valuelessness, meaninglessness and senselessness. This article argues that Nietzsche is not replacing God with the nothing, but rather that he regards ‘European nihilism’ as an ‘in-between state’ that is necessary for getting beyond Christian morality. An important characteristic of a Nietzschean philosopher is his ‘will to responsibility’. One of his responsibilities consists of the creation of the values and the concepts that are needed in order to overcome the intermediate state of nihilism. (...) For prevailing over nihilism in science, Nietzsche suggests drawing on philosophy for the creation of values and drawing on art in order to create beautiful surfaces that are based on these values. He regards science as a cultural system that rests on contingent grounds. Therefore, his work is concerned with the responsible construction of the narratives of science in such a way that they enhance agency and promote a life-affirming future. (shrink)

The competing expressions of ideology flooding the contemporary political landscape have taken a turn toward the absurd. The Radiance Foundation’s recent anti-abortion campaign targeting African-American women, including a series of billboards bearing the slogan “The most dangerous place for an African-American child is in the womb”, is just one example of political "discourse" that is both infuriating and confounding. Discourse with these features – problematic intelligibility, disinterest in the truth, and inflammatory rhetoric – has become increasingly common in politics, the (...) press, and even the arguments made by ordinary folk. It is often criticized for its falsehood or its hurtfulness; however, these critiques tend to miss its pernicious potential. This essay characterizes this insidious discourse as purposeful nonsense. Part of the way that purposeful nonsense functions, we argue, relies on taking advantage of harmful stereotypes and denigrating narratives that are already present in our culture. Purposeful nonsense both draws upon harmful ideology and fortifies it. The effect is that members of oppressed social groups are confronted with disparaging ideology, while its authors are free to deny responsibility for it. Black feminist and intersectional analysis – particularly in the discussion of race, abortion, and reproductive justice – are useful in identifying and criticizing the harmful subtext in the Radiance Foundation’s billboard campaign. The notion of purposeful nonsense serves to extend the reach of these criticisms. Purposeful nonsense – disguised as merely logically confused discourse – is a key factor in maintaining an oppressive and unjust society; however, feminist, black feminist, and intersectional analysis contextualizes purposeful nonsense, potentially disrupting its harmful influence. We conclude that purposeful nonsense employs a variation on stereotype threat, a phenomenon in which being reminded of negative stereotypes about one’s social group causes stereotypical performance failures. We suggest that the notion of stereotype threat combined with intersectional analysis offers a fruitful avenue along which research on this sort of discourse might be expanded. (shrink)

A comprehensible model is proposed aimed at an analysis of the reasons for theory change in science. According to model the origins of scientific revolutions lie not in a clash of fundamental theories with facts, but of “old” fundamental theories 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” theories in this case being Maxwellian electrodynamics, statistical mechanics (...) and thermodynamics. Modern example, referring to general relativity and quantum field theory, is considered. Key words: Popper, Kuhn, Stepin, Einstein . (shrink)

I argue that the fundamental dogma that all necessary relations are internal is ungrounded. To motivate my argument, I analyse Moore’s classic ideas on internal relations and take them as an illustration of the common form of reasoning that can mislead us to conclude that all necessary relations are internal. That reasoning illicitly smuggles the idea that necessary properties and relations reflect on identity—in the sense that the loss of a necessary property/relation is a loss of identity—into the separate idea (...) that the loss of a necessary property/relation is a loss of essence. Essence, however, is not identity. So the way seems to be open for the existence of necessary properties/relations which do not belong to the essence of entities; that is, the existence of necessary but external relations. I then offer some examples of such relations. (shrink)

This edited volume illustrates the central importance of diversity of human values throughout healthcare. The readings are organised around the main stages of the clinical encounter from the patient's perspective. This introductory chapter opens up crucial issues of methodology and of practical application in this highly innovative approach to the role of ethics in healthcare.

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

This paper studies the problem of the arrow of time from the scientific and philosophical perspective. The scientific section (Castagnino) poses the topic according to the instruments of measuring employed in physical theories, specially when they are applied to dynamic chaotic systems in which a temporal asymmetry is shown. From the analysis of “two schools” (epistemological and ontological), the conclusion is favorable to the reality (both ontological and epistemological) of the difference between past and future, with the recourse to Reichenbach’s (...) notion of global system. In the philosophical section (Sanguineti) the content of the scientific part of the article is presented in a qualitative way. The role of some philosophical choices in the scientific field is stressed, taking into account the diversity of a positivistic and realistic view. (shrink)

This paper aims to analyze the relationship between applied social sciences and practical wisdom. Utilizing conceptual analysis methodology, it begins by defining application, action, and practice, then delves into the conceptual analysis of applied social sciences and practical wisdom. The concept of phronesis in Aristotle's philosophy and practical wisdom in Muslim philosophers are studied and analyzed. By examining different definitions of practical wisdom among Muslim scholars and comparing their views with those of Aristotle, the paper evaluates their perspectives. Subsequently, it (...) focuses on exploring the relationship between applied social sciences and practical wisdom, analyzing their points of divergence and convergence. Considering the inherent nature of applied social sciences as technological and practical, contrasted with the virtue-based nature of practical wisdom, the paper raises the question of whether phronesis can logically benefit from pure applied social sciences as theoretical wisdom to guide individuals towards virtuous action. It also questions whether this scenario could be considered a form of applied social sciences. (shrink)

In “The Irrelevance of the Diachronic Money-Pump Argument for Acyclicity,” The Journal of Philosophy CX, 8 (August 2013), 460-464, Johan E. Gustafsson contends that if Davidson, McKinsey and Suppes’ diachronic money-pump argument in their "Outlines of a Formal Theory of Value, I," Philosophy of Science 22 (1955), 140-160 is valid, so is the synchronic argument Gustafsson himself offers. He concludes that the latter renders irrelevant diachronic choice considerations in general, and the two best-known diachronic solutions to the money pump problem (...) in particular. I argue here that this reasoning is incorrect, and that Gustafsson’s synchronic argument is faulty on independent grounds. Specifically, it is based on a false analogy between the derivation of a synchronic ordinal ranking from a transitive series of pairwise comparisons, and the putative derivation of such a ranking from an intransitive series. The latter is not possible under the assumption of revealed preference theory, and is highly improbable even if that assumption is rejected. Moreover, Gustafsson’s argument raises issues of fidelity to the historical texts that must be addressed. I conclude that the money pump, and cyclical choice more generally, are necessarily diachronic; and therefore that the two best-known diachronic solutions to the money pump problem remain relevant. (shrink)

It is shown that Russell's Paradox can be solved without advocating the Theory of Types, and also that the Liar's Paradox can be solved in much the same way. Neither solution requires that any of our commonsense-based beliefs be revised, let alone jettisoned. It is also shown that the Theory of Types is false.

Time as the key to a theory of everything became recently a renewed topic in scientific literature. Social constructivism applied to physics abandons the inevitable essentials of nature. It adopts uncertainty in the scope of the existential activity of scientific research. We have enlightened the deep role of social constructivism of the predetermined Newtonian time and space notions in natural sciences. Despite its incompatibility with determinism governing the Newtonian mechanics, randomness and entropy are inevitable when negative localized energy is transformed (...) into spatially dissipative heat. In sharp contrast to the Newtonian notion, social constructivism makes room for the temporal twin of cyclic conservation and pseudo-linearly structural evolution both reconciling mechanical order and thermodynamic chaos in Leibnizian space-time. In the broad scope of natural sciences this triad nature of time produces a multiple reality and gives appropriate answers on virtual physical paradoxes. (shrink)