For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

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

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

The causal theory of action has been the standard view in the philosophy of action and mind. In this chapter, I will present responses to two challenges to the theory. The first says, basically, that there is no positive argument in favour of the causal theory, as the only reason that supports it consists in the apparent lack of tenable alternatives. The second challenge says that the theory fails to capture the phenomenon of agency, as it reduces activity to mere (...) happenings (events and event-causal processes). This is often referred to as the problem of "disappearing agency". My main aim is to show that there is no problem of disappearing agency, and we will see that my response to the first challenge will be conducive to this end. I will present a positive argument for the causal theory on the basis of considerations concerning the metaphysics of agency, and I will suggest that we "own" the agency that springs from our mental states and events "by default". (shrink)

I define two metaphysical positions that anti-physicalists can take in response to Jonathan Schaffer’s ground functionalism. Ground functionalism is a version of physicalism where explanatory gaps are everywhere. If ground functionalism is true, arguments against physicalism based on the explanatory gap between the physical and experiential facts fail. In response, first, I argue that some anti-physicalists are already safe from Schaffer’s challenge. These anti-physicalists reject an underlying assumption of ground functionalism: the assumption that macrophysical entities are something over and above (...) the fundamental entities. I call their position “lightweight anti-physicalism.” Second, I go on to argue that even if anti-physicalists accept Schaffer’s underlying assumption, they can still argue that the consciousness explanatory gap is especially mysterious and thus requires a special explanation. I call the resulting position “heavyweight anti-physicalism.” In both cases, the consciousness explanatory gap is a good way to argue against physicalism. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

This article explores whether perspective taking has an impact on the ascription of epistemic states. To do so, a new method is introduced which incites participants to imagine themselves in the position of the protagonist of a short vignette and to judge from her perspective. In a series of experiments, perspective proves to have a significant impact on belief ascriptions, but not on knowledge ascriptions. For belief, perspective is further found to moderate the epistemic side-effect effect significantly. It is hypothesized (...) that the surprising findings are driven by the special epistemic authority we enjoy in assessing our own belief states, which does not extend to the assessment of our own knowledge states. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Panpsychists aspire to explain human consciousness, but can they also account for the physical world? In this paper, I argue that proponents of a popular form of panpsychism cannot. I pose a new challenge against this form of panpsychism: it faces an explanatory gap between the fundamental experiences it posits and some physical entities. I call the problem of explaining the existence of these physical entities within the panpsychist framework “the missing entities problem.” Spacetime, the quantum state, and quantum gravitational (...) entities constitute three explanatory gaps as instances of the missing entities problem. Panpsychists are obliged to solve all instances of the missing entities problem; otherwise, panpsychism cannot be considered a viable theory of consciousness. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

While we typically think of culture as defined by geography or ethnicity (e.g., American culture, Mayan culture), the term also applies to the practices and expectations of smaller groups of people. Though embedded in the larger culture surrounding them, such subcultures have their own sets of rules like those that scientists do. Philosophy of science has as its main object of studio the scientific activity. A way in which we have tried to explain these scientific practices is from the actual (...) ontological commitments that scientists do through their scientific theories. Certainly, we know scientific theories through some specific scientific language, which is, in its turn, a subset of the natural language developed by a particular culture. This study is conducted to explore and evaluate some of the most important epistemological consequences of these ontological commitments, specially the so-called ‘truth-commitment’ and its relation with a linguistic-cultural framework. There is an interesting debate between advocates and opponents of scientific realistic view of the natural world. Some lines of scientific realism argumentation assure that: (i) Mature scientific theories are approximately true. (ii) There are entities and organisms in the world that correspond with the ontology presupposed by the best scientific theories within a specific domain of scientific research and (iii) The new acceptable scientific theories should explain why past theories were successful predecessors (Colyvan 2008, Cocchiarella 2007 & Laudan 1981). Contrary, anti- realist positions ensure against the realist’s true - claim that is a semantic commitment - that the purpose of scientific theories to found the truth it is simple an unattainable goal, especially if the kind of truth they are looking for is a corresponding relation between scientific theories and the ontology of the world. Anti-realist positions held that this relation could be circular and unknowable. I do believe that there is a deep confusion between the way in which we accede to the knowledge of the constitutive structures, entities and organisms of the world (which is an epistemological matter) and the way these structures, entities and organisms are (which is an ontological matter). It seems that there is a bridge between the epistemological and ontological aspect in need for conceptual clarification. I do propose that the type of link between the two extremes have to be linguistic in nature. (shrink)

This essay outlines a hierarchical framework of Reality that allows for degrees of Reality. I use Reality (with a capital “R”) to designate reality in a primitive, metaphysical sense. Reality, grounding, and essence are the key elements of the framework presented here. I assume that Reality must have a fundamental level and all fundamental phenomena must be Real. Moreover, I postulate that everything non-fundamental is ultimately grounded in the fundamental Real. But what about the Reality of the non-fundamental? I argue (...) that it is possible for non-fundamental phenomena to be Real, Unreal, or Semi-Real. The framework developed here accommodates these possibilities and illuminates them using the notion of essence. I argue that the essential nature of a phenomenon determines its degree of Reality. The framework does not assume that Reality must have degrees but only that it may have degrees. Its theoretical attractiveness consists in its ability to accommodate many diverse intuitions about grounding, help us better understand and classify theories about grounding, and illuminate Reality and its possible degrees. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

Para desarrollar este trabajo, en el primer capítulo caracterizaré con cierta extensión dos de las principales posturas funcionalistas del progreso científico, a saber, la defendida por Thomas S. Kuhn y Larry Laudan, respectivamente. Posteriormente, haré un análisis crítico de estas posturas. En particular, mostraré que un modelo de progreso científico basado en la resolución de problemas no puede pasar por alto explicar cómo es que se genera un problema científico y cómo puede ser medida no sólo la importancia cognitiva de (...) los problemas científicos a resolver; sino la importancia cognitiva que tienen las soluciones a los problemas que enfrenta la ciencia. En el segundo capítulo caracterizaré y analizaré la postura realista metafísica sobre el progreso científico desarrollada por Philip Kitcher. El análisis del modelo de Kitcher es pertinente para el presente estudio debido a que este autor integró muchas de las críticas que se le hicieron a las posturas funcionalistas anteriores a su propuesta. Sin embargo, como sugeriré en la conclusión de ese capítulo, la postura defendida por Kitcher en torno al progreso cognitivo de la ciencia fluctúa entre la defensa de un realismo de corte metafísico (Kitcher 1993 y 1995) y un realismo de corte semántico (Kitcher 2001a, 2001b, 2002 y 2007) que hace difícil entender con precisión y a cabalidad su postura. Con los anteriores elementos, en el tercer capítulo revisaré el debate entre las posturas funcionalistas y las posturas realistas sobre el progreso cognitivo de la ciencia en el marco del llamado Realismo Epistemológico Convergente, con el objetivo de evaluar si otras posturas realistas pueden explicar de mejor manera el progreso cognitivo de la ciencia. Como mostraré, el realismo epistemológico convergente requiere para su defensa de una definición conceptual precisa en relación a lo que debe entenderse por “verdad” – o “aproximación a la verdad” – y su conexión con el éxito científico; así como la relación de referencia entre las entidades y organismos teóricos observables e inobservables que la ciencia postula y el mundo natural. Para analizar estas conexiones, en este capítulo revisaré varios argumentos anti-realistas en contra de la relación cognitiva que los defensores del realismo epistemológico convergente pretenden establecer entre el éxito empírico y la verdad, por un lado, y el éxito empírico y la referencia, por el otro. Posteriormente, analizaré los contra-argumentos realistas más importantes que a mi juicio se han elaborado para defender el realismo epistemológico convergente. Finalmente, mostraré que los contra-argumentos realistas no logran ser lo suficientemente sólidos para evadir con éxito los ataques anti-realistas en torno al progreso cognitivo de la ciencia. El cuarto capítulo de este trabajo lo dedicaré a caracterizar y analizar la postura fundacionista defendida por Alexander Bird. Este autor sostuvo que la ciencia progresa cuando muestra “acumulación de conocimiento justificado”. Para validar su postura, este autor contrastó sus ideas con los conceptos sobre el progreso científico construidos precisamente por Kuhn y Laudan, respectivamente. El objetivo de Bird fue mostrar que el criterio de “resolución de problemas” defendido por estos autores es regresivo y, por ello, anti-intuitivo. En este capítulo analizo los argumentos de Bird, muestro en qué fallan para, finalmente, evaluar su postura a partir de sus propios fundamentos epistemológicos. En el quinto y último capítulo del libro ofreceré algunas conclusiones que pueden ser inferidas del presente estudio. (shrink)

In his 2016 book, Against Empathy: The Case for Rational Compassion, Paul Bloom argues that “if we want to be good caring people, if we want to make the world a better place, then we are better off without empathy.” I’ve specifically chosen this formulation of Bloom’s position because it gets at the issue I will most directly challenge him on - that we would, or even could, be better off without empathy. The position I will defend is that our (...) empathy plays an indispensable role in the development of our moral conscience, and an ongoing role in the cultivation of our moral concepts, that would be compromised by suppressing our empathy. On this understanding, I argue that we would generally be better served by cultivating our empathy to mitigate and overcome its shortcomings, rather than suppressing our empathy as Bloom recommends. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Many will readily acknowledge there being rights of humans which trump the rights of states. Thus, these rights are aptly labeled ‘Human Rights,’ by which we may measure and admonish state-conduct. However, in contemporary Human Rights discourse, there is an emerging strand of thought in the academy that is Anti-Human Rights. To understand the foundations of Anti-Human Rights discourse, and to address the arguments that have been put forth, I analyze and incorporate the works of John O. Nelson, Raymond Geuss, (...) Wendy Brown, and Slavoj Žižek. Based on the same, I argue that the core arguments to these assertions are unpersuasive. I attempt at viewing Human Rights justification in different terms, and, to argue for the legitimacy of Human Rights while abandoning the search for justifications in nature, U.S. Foreign Policy, or Neo-Marxist views. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and context-sensitive. This differentiates strong (...) forms of the demand calling for theory from weaker forms calling for less, and contexts where it has a place from contexts where it is out of place. In light of this, subjecting personal deliberation to the demand turns out to involve a trade-off. (shrink)

This paper presents a novel argument against one theoretically attractive form of panpsychism. I argue that “idealist panpsychism” is false since it cannot account for spacetime’s structure. Idealist panpsychists posit that fundamental reality is purely experiential. Moreover, they posit that the consciousness at the fundamental level metaphysically grounds and explains both the facts of physics and the facts of human consciousness. I argue that if idealist panpsychism is true, human consciousness and the consciousness at the fundamental level will have the (...) same metrical structure. However, as I demonstrate, human consciousness does not exhibit the same metrical structure as spacetime. Consequently, the idealist panpsychist faces an explanatory gap between the fundamental consciousness she posits and spacetime. Idealist panpsychism is incompatible with the existence of such an explanatory gap. Thus, idealist panpsychists must close this explanatory gap (which I argue they lack the resources to do), or idealist panpsychism is false. (shrink)

We propose a multi-step evaluation schema designed to help procurement agencies and others to examine the ethical dimensions of autonomous systems to be applied in the security sector, including autonomous weapons systems.

Paraconsistent logics are logical systems that reject the classical principle, usually dubbed Explosion, that a contradiction implies everything. However, the received view about paraconsistency focuses only the inferential version of Explosion, which is concerned with formulae, thereby overlooking other possible accounts. In this paper, we propose to focus, additionally, on a meta-inferential version of Explosion, i.e. which is concerned with inferences or sequents. In doing so, we will offer a new characterization of paraconsistency by means of which a logic is (...) paraconsistent if it invalidates either the inferential or the meta-inferential notion of Explosion. We show the non-triviality of this criterion by discussing a number of logics. On the one hand, logics which validate and invalidate both versions of Explosion, such as classical logic and Asenjo–Priest’s 3-valued logic LP. On the other hand, logics which validate one version of Explosion but not the other, such as the substructural logics TS and ST, introduced by Malinowski and Cobreros, Egré, Ripley and van Rooij, which are obtained via Malinowski’s and Frankowski’s q- and p-matrices, respectively. (shrink)

The conditional analysis of dispositions is widely rejected, mainly due to counterexamples in which dispositions are either “finkish” or “masked.” David Lewis proposed a reformed conditional analysis. This view avoids the problem of finkish dispositions, but it fails to solve the problem of masking. I will propose a reformulation of Lewis’ analysis, and I will argue that this reformulation can easily be modified so that it avoids the problem of masking. In the final section, I will address the challenge that (...) some dispositions appear to lack any stimulus condition, and I will briefly turn to the issue of reductionism. (shrink)

I consider an epistemological, methodological dispute between Nietzsche and Kant about the possibility of rational self-critique: an activity where the intellect reflects on its cognitive powers, demarcates the proper use and limitations of these powers, and thereby achieves a systematically complete insight into what we can and cannot know. Kant affirms whereas Nietzsche denies that we can successfully conduct such a self-directed rational enquiry. By reconstructing the central argumentative moves that Nietzsche and Kant do or could make to defend their (...) respective position, I trace their disagreement to starkly diverging models of philosophical enquiry, of what philosophy is and ought to be all about. (shrink)

The Philosophy ofLanguage belongs to the foundations of philosophical reflexion. In this volume, its central problems and strategies are explained, and the nature of sentences and other elements of language are analysed. The didactical exposition of the most important schools and thinkers makes the volume particularly interesting for readers new to the subject.

Infectious logics are systems that have a truth-value that is assigned to a compound formula whenever it is assigned to one of its components. This paper studies four-valued infectious logics as the basis of transparent theories of truth. This take is motivated as a way to treat different pathological sentences differently, namely, by allowing some of them to be truth-value gluts and some others to be truth-value gaps and as a way to treat the semantic pathology suffered by at least (...) some of these sentences as infectious. This leads us to consider four distinct four-valued logics: one where truth-value gaps are infectious, but gluts are not; one where truth-value gluts are infectious, but gaps are not; and two logics where both gluts and gaps are infectious, in some sense. Additionally, we focus on the proof theory of these systems, by offering a discussion of two related topics. On the one hand, we prove some limitations regarding the possibility of providing standard Gentzen sequent calculi for these systems, by dualizing and extending some recent results for infectious logics. On the other hand, we provide sound and complete four-sided sequent calculi, arguing that the most important technical and philosophical features taken into account to usually prefer standard calculi are, indeed, enjoyed by the four-sided systems. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

After introducing the new field of cultural evolution, we review a growing body of empirical evidence suggesting that culture shapes what people attend to, perceive and remember as well as how they think, feel and reason. Focusing on perception, spatial navigation, mentalizing, thinking styles, reasoning (epistemic norms) and language, we discuss not only important variation in these domains, but emphasize that most researchers (including philosophers) and research participants are psychologically peculiar within a global and historical context. This rising tide of (...) evidence recommends caution in relying on one’s intuitions or even in generalizing from reliable psychological findings to the species, Homo sapiens. Our evolutionary approach suggests that humans have evolved a suite of reliably developing cognitive abilities that adapt our minds, information-processing abilities and emotions ontogenetically to the diverse culturally-constructed worlds we confront. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

In this article we revisit a number of disputes regarding significance logics---i.e., inferential frameworks capable of handling meaningless, although grammatical, sentences---that took place in a series of articles most of which appeared in the Australasian Journal of Philosophy between 1966 and 1978. These debates concern (i) the way in which logical consequence ought to be approached in the context of a significance logic, and (ii) the way in which the logical vocabulary has to be modified (either by restricting some notions, (...) or by adding some vocabulary) to keep as much of Classical Logic as possible. Our aim is to show that the divisions arising from these disputes can be dissolved in the context of a novel and intuitive proposal that we put forward. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

This paper concerns anti-Humean intuitions about connections in nature. It argues for the existence of a de re link that is not necessity.Some anti-Humeans tacitly assume that metaphysical necessity can be used for all sorts of anti-Humean desires. Metaphysical necessity is thought to stick together whatever would be loose and separate in a Hume world, as if it were a kind of universal superglue.I argue that this is not feasible. Metaphysical necessity might connect synchronically co-existent properties—kinds and their essential features, (...) for example—but it is difficult to see how it could also serve as the binding force for successions of events. That is, metaphysical necessity seems not to be fit for diachronic, causal affairs in which causal laws, causation, or dispositions are involved. A different anti-Humean connection in nature has to do that job.My arguments focus mainly on a debate which has been the battleground for Humean vs. anti-Humean intuitions for many decades—namely, the analysis of dispositional predicates—yet I believe (but do not argue here) that the arguments generalise to causation and causal laws straightforwardly. (shrink)

This paper proposes and defends an account of what it is to act for reasons. In the first part, I will discuss the desire-belief and the deliberative model of acting for reasons. I will argue that we can avoid the weaknesses and retain the strengths of both views, if we pursue an alternative according to which acting for reasons involves taking something as a reason. In the main part, I will develop an account of what it is to take something (...) as a reason for action. On the basis of this, I will then offer a new account of what it is to act for reasons. (shrink)

This paper extends Fitting's epistemic interpretation of some Kleene logics, to also account for Paraconsistent Weak Kleene logic. To achieve this goal, a dualization of Fitting's "cut-down" operator is discussed, rendering a "track-down" operator later used to represent the idea that no consistent opinion can arise from a set including an inconsistent opinion. It is shown that, if some reasonable assumptions are made, the truth-functions of Paraconsistent Weak Kleene coincide with certain operations defined in this track-down fashion. Finally, further reflections (...) on conjunction and disjunction in the weak Kleene logics accompany this paper, particularly concerning their relation with containment logics. These considerations motivate a special approach to defining sound and complete Gentzen-style sequent calculi for some of their four-valued generalizations. (shrink)

I identify two reasons for believing in the objectivity of mathematical knowledge: apparent objectivity and applications in science. Focusing on arithmetic, I analyze platonism and cognitive nativism in terms of explaining these two reasons. After establishing that both theories run into difficulties, I present an alternative epistemological account that combines the theoretical frameworks of enculturation and cumulative cultural evolution. I show that this account can explain why arithmetical knowledge appears to be objective and has scientific applications. Finally, I will argue (...) that, while this account is compatible with platonist metaphysics, it does not require postulating mind-independent mathematical objects. (shrink)

I argue that Kant acknowledges two models of spontaneous self-determination that rational beings are capable of. The first model involves absolute unconditional necessity and excludes any form of contingency. The second model involves (albeit not as a matter of definition) a form of contingency which entails alternative possibilities for determining oneself. The first model would be exhibited by a divine being; the second model is exhibited by human beings. Human beings do, however, partake in the divine model up to an (...) extent, namely, as far as the legislative spontaneity of their law-giving faculties are concerned. I conclude by suggesting that for Kant, the mechanistic principle that we are exclusively determined by natural causes poses a twofold threat for human agency. In one respect (in relation to the second model), it threatens us with the obliteration of contingency, or with the universality of hypothetical necessity. But in another respect (in relation to the first model), it threatens us (and our putative "laws") with the obliteration of absolute necessity, or with the universality of contingency. (shrink)

The basic human ability to treat quantitative information can be divided into two parts. With proto-arithmetical ability, based on the core cognitive abilities for subitizing and estimation, numerosities can be treated in a limited and/or approximate manner. With arithmetical ability, numerosities are processed (counted, operated on) systematically in a discrete, linear, and unbounded manner. In this paper, I study the theory of enculturation as presented by Menary (2015) as a possible explanation of how we make the move from the proto-arithmetical (...) ability to arithmetic proper. I argue that enculturation based on neural reuse provides a theoretically sound and fruitful framework for explaining this development. However, I show that a comprehensive explanation must be based on valid theoretical distinctions and involve several stages in the development of arithmetical knowledge. I provide an account that meets these challenges and thus leads to a better understanding of the subject of enculturation. (shrink)

Beck presents an outline of the procedure of bootstrapping of integer concepts, with the purpose of explicating the account of Carey. According to that theory, integer concepts are acquired through a process of inductive and analogous reasoning based on the object tracking system, which allows individuating objects in a parallel fashion. Discussing the bootstrapping theory, Beck dismisses what he calls the "deviant-interpretation challenge"—the possibility that the bootstrapped integer sequence does not follow a linear progression after some point—as being general to (...) any account of inductive learning. While the account of Carey and Beck focuses on the OTS, in this paper I want to reconsider the importance of another empirically well-established cognitive core system for treating numerosities, namely the approximate number system. Since the ANS-based account offers a potential alternative for integer concept acquisition, I show that it provides a good reason to revisit the deviant-interpretation challenge. Finally, I will present a hybrid OTS-ANS model as the foundation of integer concept acquisition and the framework of enculturation as a solution to the challenge. (shrink)

Linnebo in 2018 argues that abstract objects like numbers are “thin” because they are only required to be referents of singular terms in abstraction principles, such as Hume's principle. As the specification of existence claims made by analytic truths (the abstraction principles), their existence does not make any substantial demands of the world; however, as Linnebo notes, there is a potential counter-argument concerning infinite regress against introducing objects this way. Against this, he argues that vicious regress is avoided in the (...) account of arithmetic based on Hume's principle because we are specifying numbers in terms of the concept of equinumerosity, or its ordinal equivalent. But far from being only a matter for philosophy, this implies a distinct empirical prediction: in cognitive development, the principle of equinumerosity is primary to number concepts. However, by analysing and expanding on the bootstrapping theory of Carey in 2009, I argue in this paper that there are good reasons to think that the development could be the other way around: possessing numerosity concepts may precede grasping the principle of equinumerosity. I propose that this analysis of early numerical cognition can also help us understand what numbers as thin objects are like, moving away from Platonist interpretations. (shrink)

The idea of levels of organization plays a central role in the philosophy of the life sciences. In this article, I first examine the explanatory goals that have motivated accounts of levels of organization. I then show that the most state-of-the-art and scientifically plausible account of levels of organization, the account of levels of mechanism proposed by Bechtel and Craver, is fundamentally problematic. Finally, I argue that the explanatory goals can be reached by adopting a deflationary approach, where levels of (...) organization give way to more well-defined and fundamental notions, such as scale and composition. (shrink)

We provide a logical matrix semantics and a Gentzen-style sequent calculus for the first-degree entailments valid in W. T. Parry’s logic of Analytic Implication. We achieve the former by introducing a logical matrix closely related to that inducing paracomplete weak Kleene logic, and the latter by presenting a calculus where the initial sequents and the left and right rules for negation are subject to linguistic constraints.

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

INTRODUCTION I. CETERIS PARIBUS LAWS An alleged law of nature—like Newton's law of gravitation—is said to be a ceteris paribus law if it does not hold under ...

This paper explores whether it is possible to reformulate or re-interpret Lewis’s theory of fundamental laws of nature—his “best system analysis”—in such a way that it becomes a useful theory for special science laws. One major step in this enterprise is to make plausible how law candidates within best system competitions can tolerate exceptions—this is crucial because we expect special science laws to be so called “ceteris paribus laws ”. I attempt to show how this is possible and also how (...) we can thereby make the first step towards a solution for the infamous difficulties surrounding the troublesome ceteris paribus clause. The paper outlines the general ideas of the theory but also points out some of its difficulties and background assumptions. (shrink)