Bill D'Alessandro talks to Kenny Easwaran about fractal music, Zoom conferences, being a good referee, teaching in math and philosophy, the rationalist community and its relationship to academia, decision-theoretic pluralism, and the city of Manhattan, Kansas.

We introduce a family of rules for adjusting one's credences in response to learning the credences of others. These rules have a number of desirable features. 1. They yield the posterior credences that would result from updating by standard Bayesian conditionalization on one's peers' reported credences if one's likelihood function takes a particular simple form. 2. In the simplest form, they are symmetric among the agents in the group. 3. They map neatly onto the familiar Condorcet voting results. 4. They (...) preserve shared agreement about independence in a wide range of cases. 5. They commute with conditionalization and with multiple peer updates. Importantly, these rules have a surprising property that we call synergy - peer testimony of credences can provide mutually supporting evidence raising an individual's credence higher than any peer's initial prior report. At first, this may seem to be a strike against them. We argue, however, that synergy is actually a desirable feature and the failure of other updating rules to yield synergy is a strike against them. (shrink)

Existing research has shown that norm violations influence causal judgments, and a number of different models have been developed to explain these effects. One such model, the necessity/sufficiency model, predicts an interac- tion pattern in people’s judgments. Specifically, it predicts that when people are judging the degree to which a particular factor is a cause, there should be an interaction between (a) the degree to which that factor violates a norm and (b) the degree to which another factor in the (...) situation violates norms. A study of moral norms (N = 1000) and norms of proper functioning (N = 3000) revealed robust evidence for the predicted interaction effect. The implications of these patterns for existing theories of causal judgments is discussed. (shrink)

Bayesians standardly claim that there is rational pressure for agents’ credences to cohere across time because they face bad (epistemic or practical) consequences if they fail to diachronically cohere. But as David Christensen has pointed out, groups of individual agents also face bad consequences if they fail to interpersonally cohere, and there is no general rational pressure for one agent's credences to cohere with another’s. So it seems that standard Bayesian arguments may prove too much. Here, we agree with Christensen (...) that there is no general rational pressure to diachronically cohere, but we argue that there are particular cases in which there is rational pressure to diachronically cohere, as well as particular cases in which interpersonal probabilistic coherence is rationally required. More generally, we suggest that Bayesian arguments for coherence apply whenever a collection (of agents or time slices) has a shared dimension of value and an ability to coordinate their actions in a range of cases relevant to that value. Typically, this shared value and ability to coordinate is very strong across the time slices of one human being, and very weak across different human beings, but there are special cases where these can switch—i.e., some groups of humans will have as much reason for their beliefs to cohere across a particular range of cases as the time slices of one human usually do, but some time slices of a human will have as much freedom to differ in their beliefs from the others as the members of a group usually do. (shrink)

In this chapter, I grant Jc Beall’s assertion that the best understanding of the doctrine of the incarnation posits that Christ is a contradictory being, in the sense that it has him satisfying complementary pairs of predicates. I also argue, however, that by attending to a distinction between predicate negation and sentence negation, this view can be upheld without positing any classical logical contradictions. I argue that the resulting Christological view has several advantages over Beall’s: It is more conservative about (...) avoiding contradiction, exhibits greater logical neutrality, and comports better with Christian tradition. (shrink)

Standard theories in mereotopology focus on relations of parthood and connection among spatial or spatio-temporal regions. Objects or processes which might be located in such regions are not normally directly treated in such theories. At best, they are simulated via appeal to distributions of attributes across the regions occupied or by functions from times to regions. The present paper offers a richer framework, in which it is possible to represent directly the relations between entities of various types at different levels, (...) including both objects and the regions they occupy. What results is a layered mereotopology, a theory which can handle multiple layers (analogous to the layers of a lasagna) of spatially or spatiotemporally coincident but mereologically non-overlapping entities. (shrink)

According to proper functionalist theories of warrant, a belief is warranted only if it is formed by cognitive faculties that are properly functioning according to a good, truth-aimed design plan, one that is often thought to be specified either by intentional design or by natural selection. A formidable challenge to proper functionalist theories is the Swampman objection, according to which there are scenarios involving creatures who have warranted beliefs but whose cognitive faculties are not properly functioning, or are poorly designed, (...) or are not aimed at truth. In this paper, we draw lessons from cognitive science in order to develop a novel argument for the conclusion that the Swampman objection fails against proper functionalist theories of warrant. Our argument not only shows that the underlying, central intuition motivating Swampman-like scenarios is false but also motivates proper function as a necessary condition for warrant, thereby lending support to the claim that any theory of knowledge that lacks a proper function requirement is false. (shrink)

Detailed exploration of the Allegory of the Cave, utilizing notions from film studies, may provide us with insight regarding the identity of the puppet masters in Plato's allegory.

Val Plumwood’s 1993 paper, “The politics of reason: towards a feminist logic” (hence- forth POR) attempted to set the stage for what she hoped would begin serious feminist exploration into formal logic – not merely its historical abuses, but, more importantly, its potential uses. This work offers us: (1) a case for there being feminist logic; and (2) a sketch of what it should resemble. The former goal of Plumwood’s paper encourages feminist theorists to reject anti-logic feminist views. The paper’s (...) latter aim is even more challenging. Plumwood’s critique of classical negation (and classical logic) as a logic of domination asks us to recognize that particular logical systems are weapons of oppression. Against anti-logic feminist theorists, Plumwood argues that there are other logics besides classical logic, such as relevant logics, which are suited for feminist theorizing. Some logics may oppress while others may liberate. We provide details about the sources and context for her rejection of classical logic and motivation for promoting relevant logics as feminist. (shrink)

This essay explores the evolving systems ofjustz$5cation and morality that emerge fiom mother and child dialogues. Contrasting a mother's ethic of care with a surrounding cultural climate of violence, I argue that children are capable of providing insigljt to this seeming socialcontradiction.Ifocus on a series cfconversa- tionsI've had with my nowJiveyear oldson with regard to naturally occurringharm (i.e.yfloods,disease...) and human createdharm (i.e. war, violence,physical intimi- dation). I argue that my son's effortsto "makethe symbolic reap are consistent with philosopher Gareth Matthews' (...) (1980) claim that young children are capable of complexphilosophicalthinkingthoughitmaygodormantatabouteightornineyears of age. M y view is thatphilosophicalthinking between mother and child typifies the feminist ideal that respecful investigation can occur between two parties who are uneyual in terms of socialpower. Though my son is smaller, less experienced, and physically weaker, he has come to believe that these qualities will not be relevant in others' assessment of his explanations of the world. (shrink)

In a series of papers, Don Fallis points out that although mathematicians are generally unwilling to accept merely probabilistic proofs, they do accept proofs that are incomplete, long and complicated, or partly carried out by computers. He argues that there are no epistemic grounds on which probabilistic proofs can be rejected while these other proofs are accepted. I defend the practice by presenting a property I call ‘transferability’, which probabilistic proofs lack and acceptable proofs have. I also consider what this (...) says about the similarities between mathematics and, on the one hand natural sciences, and on the other hand philosophy. (shrink)

Many Jews, Christians, and Muslims adhere to the following three claims: First, God has comprehensive knowledge of all that is, was, and will be. Second, God makes use of this knowledge in order to exercise providential control over the world. Third, human beings have free will. This combination of views raises philosophical puzzles. My aim in this chapter is to explore how historic Jewish reflection on these puzzles relates to treatment of them by contemporary analytic philosophers.

Recent studies on mind‐wandering reveal its potential role in goal exploration and planning future actions. How to understand these explorative functions and their impact on planning remains unclear. Given certain conceptions of intentions and beliefs, the explorative functions of mind‐wandering could lead to regular reconsideration of one's intentions. However, this would be in tension with the stability of intentions central to rational planning agency. We analyze the potential issue of excessive reconsideration caused by mind‐wandering. Our response resolves this tension, presenting (...) a model that aligns the roles of mind‐wandering in planning with empirical evidence and the sustained stability of intentions. (shrink)

Euthyphro is a Socratic interlocutor claiming enormous religious expertise, while his portrayal in the eponymous dialogue raises questions the reliability of his beliefs. This paper closely examines how Euthyphro justifies his case against his father, identifying an argument that relies on the concept of miasma (pollution). In so far as miasma is considered in isolation, Euthyphro has a good argument. Unfortunately, there is more than miasma at stake when considering why one could prosecute one’s own parent. Introducing the other relevant (...) concepts, honor and shame, we find his case reflects a dilemma at the source of ancient Greek religious thought. It would not be possible for Euthyphro or anyone else to know what to do in his case. (shrink)

In this paper it is argued that we can have defensible attributions of responsibility without first answering the question whether determinism and free will are compatible. The key to such a defense is a focus on the fact that most actions for which we hold one another responsible are quite ordinary—trespassing traffic regulations, tardiness, or breaking a promise. As we will show, unlike actions that problematize our moral competence — e.g. akratic and ‘moral monster’- like ones—ordinary ‘wrong’ actions often disclose (...) this competence. Hence, no counterfactual assumption is needed to establish that some of us are sometimes responsible for some of the actions we perform. (shrink)

Pascal’s Wager holds that one has pragmatic reason to believe in God, since that course of action has infinite expected utility. The mixed strategy objection holds that one could just as well follow a course of action that has infinite expected utility but is unlikely to end with one believing in God. Monton (2011. Mixed strategies can’t evade Pascal’s Wager. Analysis 71: 642–45.) has argued that mixed strategies can’t evade Pascal’s Wager, while Robertson (2012. Some mixed strategies can evade Pascal’s (...) Wager: a reply to Monton. Analysis 72: 295–98.) has argued that Monton is mistaken. We show that Monton is correct, highlight the crucial assumptions that he relies on, and shed some light on the role of mixed strategies in decision theory. (shrink)

This paper examines G. W. F. Hegel’s interpretation of Plato from his Lectures on the History of Philosophy, situating his interpretation historically and noting features that resonate with contemporary Plato scholarship. Hegel forms his interpretation prior to stylometric studies of the dialogues, and distinguishes his Plato from Wilhelm Gottlieb Tennemann and Friedrich Daniel Ernst Schleiermacher’s views. Hegel responds to important interpretive concerns: 1) the relationship between Socratic and Platonic thought, 2) the dialogue form, 3) Platonic Anonymity and 4) Platonic myth. (...) His treatment of these issues is illustrative with respect to understanding Hegelian philosophy and the history of Plato interpretation. (shrink)

This paper provides an axiomatic formalization of a theory of foundational relations between three categories of entities: individuals, universals, and collections. We deal with a variety of relations between entities in these categories, including the is-a relation among universals and the part-of relation among individuals as well as cross-category relations such as instance-of, member-of, and partition-of. We show that an adequate understanding of the formal properties of such relations – in particular their behavior with respect to time – is critical (...) for formal ontology. We provide examples to support this thesis from the domain of biomedicine. (shrink)

Suppose that there is no real distinction between 'mad' and 'bad' because every truly bad-acting agent, proves to be a morally incompetent one. If this is the case: should we not change our ordinary interpersonal relationships in which we blame people for the things they do? After all, if people literally always act to 'the best of their abilities' nobody is ever to blame for the wrong they commit, whether these wrong actions are 'horrible monster'-like crimes or trivial ones, such (...) as cycling on a footpath. This paper offers a skeptical solution, i.e., a solution that does not depend upon the existence of individual responsibility for extreme wrongdoing. I conclude that even in the 'worst case' that skepticism about the distinction between mad and bad is warranted, we are nevertheless justified to treat one another; in general, as morally competent agents who are often to blame for the wrong they commit. (shrink)

We propose an ontological theory that is powerful enough to describe both complex spatio-temporal processes and the enduring entities that participate therein. For this purpose we introduce the notion a directly depicting ontology. Directly depicting ontologies are based on relatively simple languages and fall into two major categories: ontologies of type SPAN and ontologies of type SNAP. These represent two complementary perspectives on reality and employ distinct though compatible systems of categories. A SNAP (snapshot) ontology comprehends enduring entities such as (...) organisms, geographic features, or qualities as they exist at some given moment of time. A SPAN ontology comprehends perduring entities such as processes and their parts and aggregates as they unfold themselves through some temporal interval. We give an axiomatic account of the theory of directly depicting ontologies and of the core parts of the metaontological fragment within which they are embedded. (shrink)

The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker (...) takes one aspect of the trajectory ‘the notion of natural rights’ and examines their social construction, linguistic maintenance, and legal ramifications. (shrink)

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...) end—to produce a description of the substance or procedure of a particular area of the law. Too often, it is only in legal research and writing courses that reading is explicitly addressed. Even there, it is most often analyzed only in its role as a counterpart to the goal of writing; of producing tangible text. But although reading is not studied on its own terms, it makes up most of the practice of learning the law and much of the practice of law. When we read in the utilitarian senses of describing substance or procedure or in order to learn to write, we omit the powerful, tacit learning that occurs with this reading—the learning of the legal worldview. This remains true in the practice of law as well, where reading maintains the acquired worldview. This article explores how that worldview seeps silently into the lives of lawyers while they are busy learning to describe and inscribe the law. While social science has much to tell us about the process of reading, we need to turn to the arts to see the worldview that is learned and perpetuated when one learns to read the law. (shrink)

The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...) of the emissions trading tool, insufficient attention has been paid to its underlying legal and ethical assumptions. In this article, it is emphasized that emissions trading is a part of compliance with environmental law, not a market alternative to compliance. The difference between the two greatly effects and is affected by theories of rights. As part of the scheme of rights and accompanying duties, the author questions whether an implicit right to pollute has been created through emissions trading, as exemplified by the comparison of the systems in the U.S., China and Europe. (shrink)

Two problems of wildlife law will be addressed in this article - one is spatial and the other is temporal. The first problem is the lack of identity with, and therefore support for, international wildlife law that local populations have. That leads to the second problem, which is the failure to apply the lessons learned from biodiversity law of fauna to the biodiversity problems of flora. As to the spatial problem, if we make a simple comparison between a map of (...) biodiversity hotspots and a world geopolitical map, we can see that the hotspots worldwide fall largely in developing countries. (shrink)

Although we were again reminded in 2008 of the unreliability of markets, pollution mitigation and environmental improvement become increasingly intertwined with market economics. We seem irrationally to continue and in fact, increase the role of the market in maintaining and improving human health and the environment. In this article, the author reviews four popular schemes for market particiption in human health and the environment: emissions trading, the top runner program, corporate average fuel economy (CAFE), and technology forcing. This review demonstrates (...) that when each of these programs has been deemed "effective", it generally means "economically profitable", not effective in improving human health or the environment. The review further shows that as these four methods are compared one to the other, when they do work to improve human health or the environement, their relative ability to do so is directly proportional to the degree of legal control, and indirectly proportional to the role of the market. (shrink)

Contrary to the notion that the human mind has some sort of tendency toward the abstract processes of classifying, analysing and synthesising, this paper suggests that these processes are historically and socially constructed. Because these processes (in particular, synthesising) are brought about to serve specific purposes and agendas, we need to pre-examine them periodically to see if they still serve our needs. In the past, synthesis had an important function as a symbol, among alchemists, for example. We have all but (...) forgotten that symbolic functioning and treat it now only in its material manifestations. Having done so, we use the material sense to explain the symbolic sense. In that way, synthesis may no longer be a helpful way to look at our abstract processes. Insofar as the needs of the future may be different than the needs of the past or present, it may indeed be time to abandon ideas of abstract synthesis. The author suggests that in its place, we consider the notion of ‘shuttling’. Shuttling allows us to adopt different positions, and even contradictory positions within our individual thinking, without feeling the need to immediately characterise the contradiction as ‘wrong’. And insofar as we may have multiple present positions, shuttling opens up the possibility for multiple future positions as well. (shrink)

In reading Barbara Koslowski's "Theory and Evidence: The Development of Scientific Reasoning", one may be convinced that the ancient debate between classical rationalists and empiricists is alive. And like most people who carefully investigate the ability of either rationalism or empiricism truly to account for all of our ability to know, Koslowski arrives at the position of saying that knowledge (in this case scientific knowledge) is a product of both: "neither theory nor data alone is sufficient to achieve scientific success; (...) each must be evaluated in the context of, and constrained by, the other". The problem, according to Koslowski, for those who insist upon empiricism as being the only type of understanding which counts as science, is that we then exclude much of the productive thought in children empiricism champions itself as being theory-independent. The theory-independent notion of science uses covariation as its exclusive criterion for scientific reasoning. "In short, the empiricist aim of rationally reconstructing scientific inquiry in terms of theory-independent principles went along with an (all but exclusive) emphasis on the role of Humean indices. And this, in turn, brought with it a corresponding emphasis on hypothesis testing rather than hypothesis discovery and revision". Consequently, according to Koslowski, if we are willing to expand our notion of scientific reasoning to go beyond testing for covariation, then we will find that many more children and adults can be seen to reason in a manner which would be called "scientific". (shrink)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! Immediately (...) after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...) United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

Broadly stated, programs implementing the notion of sustainable development seek to balance economic interests with environmental interests. One would assume from the focus that one finds in sustainable development literature on how economics needs to account for the environment that sustainable development adherents are satisfied with the ways in which environmental studies account for economics. Specifically, it appears that sustainable development adherents are satisfied with the content of science as it is currently practiced and wish only to apply that content (...) of science practice more democratically to special problems. This essay questions that assumption by taking a concrete look at the environmental policy document known as Agenda 21. Can the extant practices of science, which to varying degrees created the need for the Earth Summit in Rio de Janeiro in 1992, remain untouched while economics are restructured, if we are to obtain sustainable development? Simply put, what is a sustainable science? (shrink)

Elsewhere I have argued that the future is made of words and images that we create and use in the present, and that the nature of these words is such that we project our future(s)1 from them[1]. Ultimately, we then treat those projected worlds, made of our own words and images, as being something real, or at least real enough to be considered unavoidable, and thus we read back meaning on the present based upon the unavoidable future that we have (...) created. If one accepts this schema, then it begins to make sense not only to examine this process of future creation, but to examine the particular words and images that we have chosen to create the future. Here, I want to examine a particular word—the word “millennium”. A recent edition of the television programme Equinox began with the question “Why has the millennium— a date of our own making—become the focus for the hopes and fears of mankind?”2 The answer lies in the question—it is our own making. We are not only the ones who have done the mathematical calculation to make it 2000, we have created the meaning and significance that it has. And then strangely, dumb-founded and amazed, we stand back as though we are looking upon something as otherpowered as the sun. How do we do this? (shrink)

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change (...) in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

A picture held us captive. And we could not get outside it, for it lay in our language and our language seemed to repeat it to us inexorably. -/- Can an image create a future? Can a word create a future? Most emphatically,‘yes’, I would say. Moreover, not only can words and images create a future, they are the only means of future creation. They are that important because they are that close to our creation of meaning. Thus, it makes (...) perfect sense to look to word and image in its most voluminous form—film—to see suggestions of what some of the future(s) might be. -/- This is not an analysis in the standard sense of a film review. My only comments lie with the creation of future(s) in language and for present purposes, perhaps even more so, in image. There is one important point to be made about one particular word right here at the outset, though. One of the most important criticisms in future studies is that we treat the future as an inevitable manifesting of itself—something that happens ‘out there’, beyond our control or influence. Consequently, there is only one future, as though it is already written in the script of a God, and we are playing it out on stage. This attitude is reflected in language insofar as we consider it standard to use definite, rather than indefinite articles; that is, to say the future, just as we say the present and the past. In fact, we do have some say in the future(s). It is not some sort of intentionally-guided say that we have, however. And it is certainly not some sort of happy control of destiny. It is more of a structural influence. That influence is an influence whereby we create an atmosphere of possibilities. (shrink)

Of course it is not a word, this “dediction”; at least, not yet. But why not? As the story goes, James Joyce was once asked whether his habit of inventing words was because there were not enough words in the English language. He answered that there were enough words, just not the right words. To see whether “dediction” might be a “right word”, I begin by considering related terms, and then consider what they do for us—why do they exist and (...) my new term, “dediction”, does not? For example, if we construct for ourselves a simple list of Latinate roots related to writing and seeing, and then add time-related prefixes, we could quickly come up with “post-script”, “describe”, “description,” “prescribe”, and “prescription”, among others. (“Depict” and “depiction” come to mind as well, but their treatment is beyond my scope here.) If we then do the same for speaking, we have no trouble recognising “predict” and “prediction”, but what about “postdict” and “postdiction” or “dedict” and “dediction”? (shrink)

Previously in Futures, I discussed a word that we use to form an abstract futures concept: “millennium” [1]. In its most common current usage, “millennium” is an example of a word that provides, and one might even say controls, a future orientation for us. In the present essay, I am taking a different approach to the role of the word that I will be discussing. This word is not an example of a future-orientation; rather it is more of an example (...) of language about future-orientation. The word is “expectation”. To make this distinction clearer, it may help to borrow some of the terminological distinctions made by the American logician, C.S. Peirce. First of all, for Peirce, and indeed for my present purposes, signs include words. More specifically, in a paper dated 1867, May 14th, and published in the Proceedings of the American Academy of Arts and Science (Boston), VII (1868) [2] Peirce divided signs into three categories based upon their relationship to their object—Icons, Indices, and Symbols. (Peirce himself used the convention of capitalising the words.) He defined “Icon” as a sign determined by its object “by virtue of its own internal nature”. In comparison, he defined “Index” as a sign determined by its object “by virtue of being in real relation to it”, such as when smoke is a sign of fire. A Symbol, according to Peirce, is a sign determined by its object “only in the sense that it will be so interpreted”. A Symbol thus depends upon conventions or habits. (shrink)

This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...) for its own sake, but a review of the language of that law shows it to be indirectly benefitting humans. (shrink)

When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...) problem. . . .Empirically, the mathematician always suspects the philosopher of not knowing enough about mathematics to have earned the right to speak." While the discipline of law does not have the ontological purchase of the discipline of mathematics, the working lawyer, like the working mathematician, would feel disconnected from "the rigorous description of the generic essence of [his] operations" that the philosopher might offer. Badiou further reports that "justice" is a philosophical word if we do not include juridical significations in it. It is precisely here, when the juridical significations are left aside, that the lawyer (not the legislator) is excluded from the benefits of a "rigorous description" that a philosopher might offer. What can be done to extend the ontological understanding of justice to include the subjectivity of the lawyer and to determine whether the juridical is capable of Badiou's sense of "event?". (shrink)

There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...) the Parties in 1997 at Kyoto, as the organizing force of all serious legal actions. There are two foci of the UNFCCC and Protocol - mitigation of the causes of climate change and adaption to the effects of climate change. In the first ten years of life with the UNFCCC, much of the focus was upon mitigation. During that period, adaptation was regarded as only a regrettable fallback position to be considered if we were unable (or as it turns out, unwilling) to mitigate. (shrink)

What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...) of "de-emption". The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives to control greenhouse gasses - especially the documents concluded between New Jersey and the Netherlands, provide rich examples of these tools in contemporary action. (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The (...) Laws and Aristotle's Constitutions of Athens. In this paper I will argue that if we want to understand ecology or environment as cultural concepts, and we look to the law of Classical Greece, or at least Athens, we find that knowing the law is not the direct process of the present day - that is to say, we cannot simply look to written codes to understand the legal practices. Plato in The Laws, points to a comportment toward nature, through the law, which can be based upon objectively-obtained values, without resulting in material scientism. With this in mind, we citizens can determine environmental policy and law, without pretending that it is dictated by earth, air and water. (shrink)

In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To (...) the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it is assumed that the skills traditionally associated with modern literary criticism . . . are there to be applied to literary texts, not, for instance, to a government document . . . . The intellectual toll this has taken in the work of the most explicitly political of recent critics . . . is very high." Should lawyers not match Said's gage by throwing down one of their own? If literary criticism should be socially engaged, should the social practice of law not be literate? If so, to what end? (shrink)

Much too often, we are guilty of monumentalizing historical persons. As monuments, these people stop being persons, and instead function as placeholders. Monuments can be placeholders for that which is good, or that which is bad. Depending upon one's predictions for such phenomena as "The Enlightenment" and "The Scientific Revolution", one is likely to place either wreaths or garbage at the foot of the monument that is René Descartes. To his credit, Keith Devlin does neither in "Goodbye,Descartes". In the post-war (...) era, trendy circles often find Descartes to be the convenient whipping-boy for all that is wrong with our relationship to the natural world: the subject-object divide, a dispassionate attitude, hyper-rationality, and a context-free world of practices. This use of Descartes ultimately means that no longer does anyone seriously examine his work or closely trace its ramifications. Instead one just evokes his name as the locus of rationality, the side of the Enlightenment, or the turning point from enchantment. (shrink)

"[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...) much that is of interest to those who might want to approach things Irish from a legal perspective. Indeed, approaching Ireland from a legal perspective may be precisely what is new. While our research has found much discussion of the social, political and historical aspects of Irish culture, there is not much that would both qualify as legal scholarship and is up-to-date in a situation that experiences significant changes daily. (shrink)

In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought of (...) as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

Despite their centrality to medicine, drugs are not easily defined. We introduce two desiderata for a basic definition of medical drugs. It should: (a) capture everything considered to be a drug in medical contexts and (b) rule out anything that is not considered to be a drug. After canvassing a range of options, we find that no single definition of drugs can satisfy both desiderata. We conclude with three responses to our exploration of the drug concept: maintain a monistic concept, (...) or choose one of two pluralistic outcomes. Notably, the distinction between drugs and other substances is placed under pressure by the most plausible of the options available. (shrink)

The theory of granular partitions is designed to capture in a formal framework important aspects of the selective character of common-sense views of reality. It comprehends not merely the ways in which we can view reality by conceiving its objects as gathered together not merely into sets, but also into wholes of various kinds, partitioned into parts at various levels of granularity. We here represent granular partitions as triples consisting of a rooted tree structure as first component, a domain satisfying (...) the axioms of Extensional Mereology as second component, and a mapping (called ’projection’) of the first into the second as a third component. We define ordering relations among granular partitions the resulting structures are called partition frames. We then introduce an axiomatic theory which sentences are interpreted in partition frames. (shrink)