Despite all controversies that might otherwise divide them, most phenomenologists agree that consciousness entails some form of self-consciousness. In fact, they go even further, as they virtually all agree on the necessity of fleshing out this insight in bodily terms: from the phenomenological point of view, self-consciousness is primarily experienced as a form of bodily self-consciousness (or self-awareness). Following Edmund Husserl's insight that the lived body (Leib), i.e. the body as it is subjectively felt or experienced, must necessarily be presupposed (...) by all object consciousness, including the thematic consciousness of me as a body, there is a long-standing discussion within the phenomenological movement on how to conceive of this self-relation. This entry focuses on the French reception of Husserl and highlights the distinctive ways in which French phenomenologists such as Maurice Merleau-Ponty, Michel Henry, Jean-Paul Sartre and Jacques Derrida have elaborated on and disputed this key insight. It will be shown that discussions on this question have open onto two further debates: one revolves around the paradigmatic role Husserl grants to touch in the analysis of consciousness, while the other concerns the differences between the experience of one's own body and the experience of the body of others. Finally, we point to the fact that one's body can be experienced and evaluated as other, as is shown in the critical analyses of Frantz Fanon, Simone de Beauvoir, Michel Foucault, and recent critical phenomenology. Here, it becomes clear that the bodily self-awareness of concrete subjects is shaped by the material conditions, norms, and discourses of their respective situation. (shrink)

Public opinion research has shown that voters accept many falsehoods about politics. This observation is widely considered troubling for democracy—and especially participatory ideals of democracy. I argue that this influential narrative is nevertheless flawed, because it misunderstands the nature of political understanding. Drawing on philosophical examinations of scientific modelling, I demonstrate that accepting falsehoods within one’s model of political reality is compatible with—and indeed can positively enhance—one’s understanding of that reality. Thus, the observation that voters accept many political falsehoods does (...) not necessarily establish that they lack political understanding. I then address three worries: that voters cannot generally engage in such political modelling; that political modelling obscures facts that are crucial to political understanding; and that successful political modelling would require knowing that one’s model contains falsehoods. My responses reveal how, going forward, we should measure political ignorance; and they highlight the standing importance of participatory democracy. (shrink)

The proliferation of conspiracy theories poses a significant threat to democratic decision-making. To counter this threat, many political theorists advocate countering conspiracy theories with ‘more speech’ (or ‘counterspeech’). Yet conspiracy theories are notoriously resistant to counterspeech. This article aims to conceptualise and defend a novel form of counterspeech – narrative counterspeech – that is singularly well-placed to overcome this resistance. My argument proceeds in three steps. First, I argue that conspiracy theories pose a special problem for counterspeech for three interconnected (...) reasons relating to salience, emotion and internal coherence. Drawing on recent work in social epistemology, philosophy of emotion and cognitive science, I then demonstrate that narrative forms of counterspeech constitute an apt response to this diagnosis. Finally, I forestall two objections: the first questions the likely effectiveness of narrative counterspeech; the second insists that, even if it were effective, it would remain unacceptably manipulative. Neither objection, I contend, is ultimately compelling. (shrink)

An influential critique of anger holds that anger comes at an important epistemic cost. In particular, feeling angry typically makes risk less visible to us. This is anger’s ‘red mist.’ These epistemic costs, critics suggest, arguably outweigh the epistemic benefits commonly ascribed to anger. This essay argues that the epistemic critique of anger is importantly misleading. This is not because it underestimates anger’s epistemic benefits, but rather because it overlooks the fact that anger’s red mist performs a crucial moral function. (...) By concealing risk, the red mist helps protect the dignity and self-respect of those who live under severe and unchosen risk. This function is vitally important in non-ideal circumstances, where many are unjustly subjected to dignity-impairing risk. And it is irreplaceable, in that it cannot readily be performed by other political emotions, such as hope. Beyond providing a novel defence of anger, this argument has a broader upshot. Anger’s red mist reveals that ignorance is not always problematic in politics. Accordingly, it should not be treated—as has standardly been the case—as an unmitigated political evil. In the first instance, our efforts are better spent ascertaining when ignorance is a problem, and when, instead, it performs a felicitous function. (shrink)

Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?

How promising is Bitcoin as a currency? This paper discusses four claims on the advantages of Bitcoin: a more stable currency than state-backed ones; a secure and efficient payment system; a credible alternative to the central management of money; and a better protection of transaction privacy. We discuss these arguments by relating them to their philosophical roots in libertarian and neoliberal theories, and assess whether Bitcoin can effectively meet these expectations. We conclude that despite its advocates’ enthusiasm, there are good (...) reasons to doubt that Bitcoin can fulfill its promises and act as a functioning currency, rather than as a mere speculative asset. (shrink)

Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding hate speech (...) laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study. (shrink)

The recognition of a meaningful sensory foundation of perception is central to Maurice Merleau-Ponty’s philosophy. If some commentators do not hesitate to see in the notion of perceptual Gestalt a notion applicable to all domains of being, it is not a priori easy to see how it must be conceived in the more specific context of the perception of others (autrui). However, Merleau-Ponty is very clear on this point: all perception manifests itself in the form of a Gestalt, including the (...) perception of other people. The ambition of this short study is to spell out in rough strokes how this injunction should be heard and thus to explain how others manifest themselves as Gestalts to perceptual consciousness. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

This paper analyses three centuries of developing German-language philosophy journals, from the first journals published in 1665 to those from the first decade of post-WWII recovery. Relying upon two bibliographies of philosophical journals collected in the 1970s, one by Joachim Kirchner and one by Wolfram Hogrebe, Rudolf Kamp, and Gert König, we attained a dataset of 607 journals. To analyse the population of periodicals, we identified three key components: the longevity of each journal and the growth rate and the continuity (...) of the body of the journal population. The most puzzling finding is that there was a rapid growth in the number of journals at the end of the eighteenth century followed by a long decline in numbers that lasted almost a century. This paper analyses the structure of the boom in philosophical periodicals after 1888, followed by the effects of both World Wars, and identifies the communication crisis that occurred at the height of the Weimar Republic. (shrink)

A thought experiment demonstrates that physicalism about consciousness entails a para- doxical duplication of physical information. Moreover, objective existence acquires the status of a physical property. To avoid this paradox, one requires a concept of objectivity in which individuation is finite and incomplete. Finite individuation requires objective uncertainty and is thus corroborated by the contemporary sciences. Finite individuation and objective uncer- tainty prevent existence from becoming a physical property, thus defeating physicalism about consciousness and resolving the paradox.

Do laypeople think that moral responsibility is compatible with determinism? Recently, philosophers and psychologists trying to answer this question have found contradictory results: while some experiments reveal people to have compatibilist intuitions, others suggest that people could in fact be incompatibilist. To account for this contradictory answers, Nichols and Knobe (2007) have advanced a ‘performance error model’ according to which people are genuine incompatibilist that are sometimes biased to give compatibilist answers by emotional reactions. To test for this hypothesis, we (...) investigated intuitions about determinism and moral responsibility in patients suffering from behavioural frontotemporal dementia. Patients suffering from bvFTD have impoverished emotional reaction. Thus, the ‘performance error model’ should predict that bvFTD patients will give less compatibilist answers. However, we found that bvFTD patients give answers quite similar to subjects in control group and were mostly compatibilist. Thus, we conclude that the ‘performance error model’ should be abandoned in favour of other available model that best fit our data. (shrink)

Yefremov’s personal characteristics exemplify the characteristic features of the Ukrainian revolution. He was an argumentative, pugnacious man, and the revolution was characterized by infighting. He was an institution builder, and that’s a key element of the Ukrainian revolution. He was ideologically an advocate of Ukrainian identity (sooner than social rights or state building) and that too was a feature of the Ukrainian revolution. His diaries and ego writing offer a variety of evidence of these aspects of his personality.

The modern university and the academic profession itself are facing new challenges: First, the increasing complexity of labor markets and globalization are undermining the structure of the academic profession, and secondly, the rise in cost of university research calls into question the autonomy of the university. The internationalization of the academic labor market encourages rethinking the structure of academic professions that have historically been focused on national (regional) contexts. The university is too expensive for the state and/or for students. One (...) way to preserve the autonomy of the university is to offer society, the state, and businesses a wide range of services. This study seeks to answer the following questions: Can bureaucratic (self-)management effectively regulate the growing body of the university? Is it necessary to relinquish part of the university’s autonomy to a hired manager? Can “soft managerialism” and new economic instruments help unleash the modern university’s potential for society and sustain its autonomy? (shrink)

Qualquer museu destinado a apresentar “outras” culturas se constitui como uma exceção em relação à função usual de um museu: a ambição de retratar um mundo em miniatura requer uma expografia muito específica, na qual a alteridade tensiona com a continuidade, que os museus em geral presumem, entre os visitantes e os objetos que vieram ver. A ambição de constituir um microcosmo, portanto, levanta um problema de legitimidade: quem, entre “nós”, tem legitimidade para assumir a responsabilidade paradoxal de colocar em (...) cena o “Outro”? Mais do que uma simples abordagem sobre a história dos museus, mais do que uma viagem pelos problemas colocados pela Antropologia, o livro de Benoît de l’Estoile (2007) permite encarar de frente tal dificuldade, comum a todas as instituições francesas que se sucederam após a exposição colonial de 1931 (mas não somente). Entregando-se aos prazeres da intertextualidade cinematográfica, para além de ser uma forma de apresentar a questão fundamental da legitimidade (bom gosto contra mau gosto), o título da obra coloca o “gosto” em questão: “por ‘gosto alheio’, entendo as diversas formas de apropriação ‘das coisas dos Outros’, entendidas em um sentido amplo como manifestações da alteridade cultural” (L’Estoile 2007: 20). O gosto, portanto, remete aos modos de apropriação em todos os processos de apropriação, cuja legitimidade se apresenta, imediatamente, de maneira problemática. É sob este ângulo, considerando o problema da legitimidade como uma tensão que atravessa todo o texto, que abordaremos uma obra que demonstra como a alteridade foi construída ao longo de um século, segundo modos diferenciados, colocando em evidência a mais fundamental das questões: “O que significa a distinção entre nós e os outros no mundo em que vivemos?”. (shrink)

Abstract. Death seems to be a permanent event, but there is no actual proof of its irreversibility. Here we list all known ways to resurrect the dead that do not contradict our current scientific understanding of the world. While no method is currently possible, many of those listed here may become feasible with future technological development, and it may even be possible to act now to increase their probability. The most well-known such approach to technological resurrection is cryonics. Another method (...) is indirect mind uploading, or digital immortality, namely the preservation of data about a person to allow for future reconstruction by powerful AI. More speculative ways to immortality include combinations of future superintelligence on a galactic scale, which could use simulation to resurrect all possible people, and new physical laws, which may include time-travel or obtaining information from the past. Acausal trade with parallel worlds could help combine random resurrection and reconstruction based on known data without loss of share of worlds where I exist (known as existence measure). Quantum immortality could help to increase the probability of success for cryonics and digital immortality. There many possible approaches to technological resurrection and thus if large-scale future technological development occurs, some form of resurrection is inevitable. (shrink)

Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false picture of rights (...) and constitutional decision-making. This would cause negative moral consequences. This article seeks to defend TSPB against these criticisms and to depict it in a more appropriate and favourable light. First, it is argued that both aspects of TSPB do not have the dire moral consequences that opponents suggest they have. Second, it is argued that TSPB, deploying notions such as burdens, presumptions and prima facie/defeasible propositions, constitutes a valuable framework for public argumentation and authoritative decision-making. (shrink)

In the last decade Open Science principles, such as Open Access, study preregistration, use of preprints, making available data and code, and open peer review, have been successfully advocated for and are being slowly adopted in many different research communities. In response to the COVID-19 pandemic many publishers and researchers have sped up their adoption of some of these Open Science practices, sometimes embracing them fully and sometimes partially or in a sub-optimal manner. In this article, we express concerns about (...) the violation of some of the Open Science principles and its potential impact on the quality of research output. We provide evidence of the misuses of these principles at different stages of the scientific process. We call for a wider adoption of Open Science practices in the hope that this work will encourage a broader endorsement of Open Science principles and serve as a reminder that science should always be a rigorous process, reliable and transparent, especially in the context of a pandemic where research findings are being translated into practice even more rapidly. (shrink)

In the region where some cat sits, there are many very cat-like items that are proper parts of the cat (or otherwise mereologically overlap the cat) , but which we are inclined to think are not themselves cats, e.g. all of Tibbles minus the tail. The question is, how can something be so cat-like without itself being a cat. Some have tried to answer this “Problem of the Many” (a problem that arises for many different kinds of things we regularly (...) encounter, including desks, persons, rocks, and clouds) by relying on a mereological maximality principle, according to which, something cannot be a member of a kind K if it is a large proper part of, or otherwise greatly mereologically overlaps, a K. It has been shown, however, that a maximality constraint of this type, i.e. one that restricts mereological overlap, is open to strong objections. Inspired by the insights of, especially, Sutton and Madden, I develop a type of functional-maximality principle that avoids these objections (and has other merits), and thereby provides a better answer to the Problem of the Many. (shrink)

Although written in Japanese, 意志・格率・道徳法則（Will, Maxim and the Moral Law）pursues the logical connection of these Kantian tools in ethics. Note: the structure of the uploaded document is not the same as the published one.

The notion that natural selection is a process of fitness maximization gets a bad press in population genetics, yet in other areas of biology the view that organisms behave as if attempting to maximize their fitness remains widespread. Here I critically appraise the prospects for reconciliation. I first distinguish four varieties of fitness maximization. I then examine two recent developments that may appear to vindicate at least one of these varieties. The first is the ‘new’ interpretation of Fisher's fundamental theorem (...) of natural selection, on which the theorem is exactly true for any evolving population that satisfies some minimal assumptions. The second is the Formal Darwinism project, which forges links between gene frequency change and optimal strategy choice. In both cases, I argue that the results fail to establish a biologically significant maximization principle. I conclude that it may be a mistake to look for universal maximization principles justified by theory alone. A more promising approach may be to find maximization principles that apply conditionally and to show that the conditions were satisfied in the evolution of particular traits. (shrink)

I argue that Kant’s Categorical Imperative should be applied to individual maxim tokens rather than abstract maxim types. The article is divided into five sections. In the first, I explain my thesis. In the second, I show that my thesis disagrees with Rawls. In the third, I argue for my thesis on the basis of the wording of the Categorical Imperative and on the basis of considerations about autonomy. In the fourth, I argue for my thesis on the (...) basis of considerations about the ‘ought implies can’ principle. In the fifth, I provide a summary of the main argumentative moves and also explain some of the philosophical advantages of my thesis. (shrink)

One main challenge of non-platonist philosophy of mathematics is to account for the apparent objectivity of mathematical knowledge. Cole and Feferman have proposed accounts that aim to explain objectivity through the intersubjectivity of mathematical knowledge. In this paper, focusing on arithmetic, I will argue that these accounts as such cannot explain the apparent objectivity of mathematical knowledge. However, with support from recent progress in the empirical study of the development of arithmetical cognition, a stronger argument can be provided. I will (...) show that since the development of arithmetic is (partly) determined by biologically evolved proto-arithmetical abilities, arithmetical knowledge can be understood as maximally intersubjective. This maximal intersubjectivity, I argue, can lead to the experience of objectivity, thus providing a solution to the problem of reconciling non-platonist philosophy of mathematics with the (apparent) objectivity of mathematical knowledge. (shrink)

In this paper we consider the logics L(i,n) obtained from the (n+1)-valued Lukasiewicz logics L(n+1) by taking the order filter generated by i/n as the set of designated elements. In particular, the conditions of maximality and strong maximality among them are analyzed. We present a very general theorem that provides sufficient conditions for maximality between logics. As a consequence of this theorem, it is shown that L(i,n) is maximal w.r.t. CPL whenever n is prime. Concerning strong maximality (i.e. maximality w.r.t. (...) rules instead of only axioms), we provide algebraic arguments in order to show that the logics L(i,n) are not strongly maximal w.r.t. CPL, even for n prime. Indeed, in such case, we show that there is just one extension between L(i,n) and CPL obtained by adding to L(i,n) a kind of graded explosion rule. Finally, using these results, we show that the logics L(i,n) with n prime and i/n < 1/2 are ideal paraconsistent logics. (shrink)

Discussion of new axioms for set theory has often focused on conceptions of maximality, and how these might relate to the iterative conception of set. This paper provides critical appraisal of how certain maximality axioms behave on different conceptions of ontology concerning the iterative conception. In particular, we argue that forms of multiversism (the view that any universe of a certain kind can be extended) and actualism (the view that there are universes that cannot be extended in particular ways) face (...) complementary problems. The latter view is unable to use maximality axioms that make use of extensions, where the former has to contend with the existence of extensions violating maximality axioms. An analysis of two kinds of multiversism, a Zermelian form and Skolemite form, leads to the conclusion that the kind of maximality captured by an axiom differs substantially according to background ontology. (shrink)

Maximizing act consequentialism holds that actions are morally permissible if and only if they maximize the value of consequences—if and only if, that is, no alternative action in the given choice situation has more valuable consequences.[i] It is subject to two main objections. One is that it fails to recognize that morality imposes certain constraints on how we may promote value. Maximizing act consequentialism fails to recognize, I shall argue, that the ends do not always justify the means. Actions with (...) maximally valuable consequences are not always permissible. The second main objection to maximizing act consequentialism is that it mistakenly holds that morality requires us to maximize value. Morality, I shall argue, only requires that we satisfice (promote sufficiently) value, and thus leaves us a greater range of options than maximizing act consequentialism recognizes. (shrink)

The Lockean Thesis says that you must believe p iff you’re sufficiently confident of it. On some versions, the 'must' asserts a metaphysical connection; on others, it asserts a normative one. On some versions, 'sufficiently confident' refers to a fixed threshold of credence; on others, it varies with proposition and context. Claim: the Lockean Thesis follows from epistemic utility theory—the view that rational requirements are constrained by the norm to promote accuracy. Different versions of this theory generate different versions of (...) Lockeanism; moreover, a plausible version of epistemic utility theory meshes with natural language considerations, yielding a new Lockean picture that helps to model and explain the role of beliefs in inquiry and conversation. Your beliefs are your best guesses in response to the epistemic priorities of your context. Upshot: we have a new approach to the epistemology and semantics of belief. And it has teeth. It implies that the role of beliefs is fundamentally different than many have thought, and in fact supports a metaphysical reduction of belief to credence. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Paul Horwich (1990) once suggested restricting the T-Schema to the maximally consistent set of its instances. But Vann McGee (1992) proved that there are multiple incompatible such sets, none of which, given minimal assumptions, is recursively axiomatizable. The analogous view for set theory---that Naïve Comprehension should be restricted according to consistency maxims---has recently been defended by Laurence Goldstein (2006; 2013). It can be traced back to W.V.O. Quine(1951), who held that Naïve Comprehension embodies the only really intuitive conception of set (...) and should be restricted as little as possible. The view might even have been held by Ernst Zermelo (1908), who,according to Penelope Maddy (1988), subscribed to a ‘one step back from disaster’ rule of thumb: if a natural principle leads to contra-diction, the principle should be weakened just enough to block the contradiction. We prove a generalization of McGee’s Theorem, anduse it to show that the situation for set theory is the same as that for truth: there are multiple incompatible sets of instances of Naïve Comprehension, none of which, given minimal assumptions, is recursively axiomatizable. This shows that the view adumbrated by Goldstein, Quine and perhaps Zermelo is untenable. (shrink)

The richer you are, the less equally rich or richer people. The richest is only one (=unique). Maximization of richness or leisure (=classic utility), maximizes the uniqueness (=improbability) that can be maximized also by: extreme sport, suicide, tattoo, count of views... The richest seem unique as the poorest, but the rich can easily become poor, while the poor can hardly get rich. So the aim of maximization reflects IQ and options. Few options increase irrationality, regardless of IQ. I also present (...) the law of values' equality, Utility of Suicide, motivation to support the better, and overview the economics as such. Presented as PhD thesis at CERGE-EI, 2000, exhibited in Holland Park, W8 6LU, 2013, presented at conferences in Santorini 2016, Daejon 2016, Adelaide 2016. (shrink)

In this paper, we propose a methodology to maximize the benefits of interdisciplinary cooperation in AI research groups. Firstly, we build the case for the importance of interdisciplinarity in research groups as the best means to tackle the social implications brought about by AI systems, against the backdrop of the EU Commission proposal for an Artificial Intelligence Act. As we are an interdisciplinary group, we address the multi-faceted implications of the mass-scale diffusion of AI-driven technologies. The result of our exercise (...) lead us to postulate the necessity of a behavioural theory that standardizes the interaction process of interdisciplinary groups. In light of this, we conduct a review of the existing approaches to interdisciplinary research on AI appliances, leading to the development of methodologies like ethics-by-design and value-sensitive design, evaluating their strengths and weaknesses. We then put forth an iterative process theory hinging on a narrative approach consisting of four phases: definition of the hypothesis space, building-up of a common lexicon, scenario-building, interdisciplinary self-assessment. Finally, we identify the most relevant fields of application for such a methodology and discuss possible case studies. (shrink)

In this article I reply to Jon Robson's objections to my argument that God does not contain any possible worlds. I had argued that ugly possible worlds clearly compromise God's beauty. Robson argues that I failed to show that possible worlds can be subject to aesthetic evaluation, and that even if they were it could be the case that ugliness might contribute to God's overall beauty. In reply I try to show that possible worlds are aesthetically evaluable by arguing that (...) possible worlds are maximally rich representations of possible events. I further argue that nothing in God's being can be aesthetically non-evaluable since God must be maximal beauty – a beauteous maximality which needs no ugliness. Finally I show in what sense Christ's heavenly scars can be beautiful. (shrink)

The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, (...) and community interests. At the same time it has been challenged on grounds of legality and morality. The application of the maximin criminal matters is secured through penal laws. These laws are further validated through judicial pronouncements. Penal statutes and judicial pronouncements have largely been the basis to determine the exceptions and scope of the maxim. -/- Breaking it down to a single case in hand, several factors come into picture including the nature of the crime in question, the mental state of the person accused, the conduct of the accused person, the objective or public utility of the criminal legislation or provision, and the reasons or justifications offered for its rigid or qualified application. The single case is viewed in light of the general provisions of criminal law of the legal system in which the case is being tried. The uniqueness of each case and the criminal statutes of legal systems make it both complex and conducive to generalize or conclude on the true import and application of the maxim ignorantia juris. (shrink)

In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how the Formula (...) of Universal Law can be employed to determine the deontic status of action tokens, action types, and maxims. (shrink)

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the best (...) account of deontic constraints. (shrink)

Is there any way to reconcile the adaptationist’s image of natural selection as an engine of optimality with the more complex image of its dynamics we get from population genetics? This has long been an important strand in the controversy surrounding adaptationism, yet debate has been hampered by a tendency to conflate various different ways of thinking about maximization. Here I distinguish four varieties of maximization principle. I then discuss the logical relations between these varieties, arguing that, although they may (...) seem similar at face value, none entails any of the others. I then turn briefly to the status of each variety, arguing that, while each type of maximization principle faces serious problems, the problems are subtly different for each type. In the last section, I reflect on what is at stake in the debate. (shrink)

Normative moral theories are frequently invoked to serve one of two distinct purposes: (1) explicate a criterion of rightness, or (2) provide an ethical decision-making procedure. Although a criterion of rightness provides a valuable theoretical ideal, proposed criteria rarely can be (nor are they intended to be) directly translated into a feasible decision-making procedure. This paper applies the computational framework of bounded rationality to moral decision-making to ask: how ought a bounded human agent make ethical decisions? We suggest agents ought (...) to follow moral maxims: principles that approximate rightness in many situations, but that can be overridden in specific, precisely describable circumstances. While this intuitive idea has been proposed many times before, we provide a precise model of how maxim consequentialism functions as an approximation to an act-consequentialist criterion of rightness, while maintaining the flexibility and defeasibility that has eluded most forms of rule consequentialism. Furthermore, while our overarching aim is to propose a new normative standard of moral decision-making, we demonstrate how maxim consequentialism can also function as a descriptive account of human behavior. We conclude by noting that different criteria of rightness may lead to different maxim-based ethics. (shrink)

This article examines the principle of wealth maximization, as developed by Richard Posner, seeking to dispel misunderstandings, address criticisms, and contextualize its role in legal and political philosophy. The paper first delineates the distinction between the concepts of experienced utility and decision utility, elucidating how the latter is fundamental to the principle of wealth maximization. Next, the authors engage with criticisms of wealth maximization, including issues relating to basic needs, individual rights, and distributive justice. The paper contends that these aspects (...) of ‘justice’ can be understood as emergent properties of efficiency. The article then presents affirmative arguments for wealth maximization by connecting it to social contract theory and demonstrating its consistency with the tenets of liberal democracy. By analyzing the concept from both Hobbesian and Rawlsian perspectives, the paper illustrates the merits of the wealth maximization principle in relation to social contract theory. In conclusion, the article argues that wealth maximization serves as a robust and justifiable framework for legal and philosophical analysis, ultimately offering a better fit with the principles of liberal democracy than competing normative theories. (shrink)

Peirce is best known as the founder of pragmatism, but his dissatisfaction with how others understood and appropriated it prompted him to rename his own doctrine “pragmaticism” and to compose several variants of his original maxim defining it, as well as numerous restatements and elaborations. This paper presents an extensive selection of such formulations, followed by analysis and commentary demonstrating that for Peirce the ultimate meaning of an intellectual concept is properly expressed as a conditional proposition about the deliberate, (...) self-controlled conduct of its interpreters, not the law-governed behavior of its object. (shrink)

Anselmian theists claim (a) that there is a being than which none greater can be conceived; and (b) that it is knowable on purely—solely, entirely—a priori grounds that there is a being than which none greater can be conceived. In this paper, I argue that Anselmian Theism gains traction by conflating different interpretations of the key description ‘being than which no greater can be conceived’. In particular, I insist that it is very important to distinguish between ideal excellence and maximal (...) possible excellence. At the end of my paper, I illustrate the importance of this distinction by applying my discussion to the recent defence of Anselmian Theism in Nagasawa (Philos Q 58:577–591, 2008). (shrink)

Greaves and Wallace argue that conditionalization maximizes expected accuracy. In this paper I show that their result only applies to a restricted range of cases. I then show that the update procedure that maximizes expected accuracy in general is one in which, upon learning P, we conditionalize, not on P, but on the proposition that we learned P. After proving this result, I provide further generalizations and show that much of the accuracy-first epistemology program is committed to KK-like iteration principles (...) and to the existence of a class of propositions that rational agents will be certain of if and only if they are true. (shrink)

The Islamic legal maxim (al-qāʿidah al-fiqhiyyah) “no harm shall be inflicted or reciprocated” has become particularly significant in this era of pandemic. In the current context, this legal maxim is reasonably expected, provided that if they are adequately employed, to influence people’s choices and guide them to make certain decisions which are simultaneously religious and applicable for preservation of human life. This maxim is construed as prohibition of all actions that carry the notion of wronging, infringing on (...) other’s rights, frustrating, overpowering, or setting back some party’s interests. In this article, we attempt to discern what Islamic jurisprudence has to say in this crucial combat which causes this global crisis. In light of the mentioned Islamic legal maxim, a flowchart that represents the sequence of the certain steps is derived, which is beneficial to be taken into consideration in the choices, decisions and actions related to or in the time of COVID-19. (shrink)

Addressing the question in the form of Kant’s maxim, this paper moves on to a more controversial topic in biomedical ethics, physician-assisted suicide. However, my conclusion is tentative, and what is worse, negative: I partially approve suicide. It does not imply a moral hazard. The situation is opposite: in the present times, terminal patients seriously wish it. I, as an author, put an emphasis on this very respect. Now suicide is, for certain circles, nothing but justice. The arguments of (...) thinkers who approve suicide are also cited from this angle. (shrink)

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

Many philosophers assume that, when making moral decisions under uncertainty, we should choose the option that has the greatest expected moral value, regardless of how risky it is. But their arguments for maximizing expected moral value do not support it over rival, risk-averse approaches. In this paper, I present a novel argument for maximizing expected value: when we think about larger series of decisions that each decision is a part of, all but the most risk-averse agents would prefer that we (...) consistently choose the option with the highest expected value. To the extent that what we choose on a given occasion should be guided by the entire series of choices we prefer, then on each occasion, we should choose the option with the highest expected moral value. (shrink)

My goal in this paper is to show that it is not the case that positive duties can be derived from Kant’s so-called universalizability tests. I begin by explaining in detail what I mean by this and distinguishing it from a few things that I am not doing in this paper. After that, I confront the idea of a maxim contradictory, a concept that is advanced by many com- mentators in the attempt to derive positive duties from the universalizability (...) tests. I ex- plain what a maxim contradictory is and how the concept is used to derive positive duties. Then I argue that the notion of a maxim contradictory presupposes an objectionable form of maxim realism. I move from there to the idea of a maxim contrary and the deliberative field. These two ideas are used in tandem by commentators who do not appeal to maxim contradictories. I explain how these concepts are used to derive positive duties and then I argue that there is a systematic error in the derivations that enables one to see that they cannot work. (shrink)

Suppose that it is rational to choose or intend a course of action if and only if the course of action maximizes some sort of expectation of some sort of value. What sort of value should this definition appeal to? According to an influential neo-Humean view, the answer is “Utility”, where utility is defined as a measure of subjective preference. According to a rival neo-Aristotelian view, the answer is “Choiceworthiness”, where choiceworthiness is an irreducibly normative notion of a course of (...) action that is good in a certain way. The neo-Humean view requires preferences to be measurable by means of a utility function. Various interpretations of what exactly a “preference” is are explored, to see if there is any interpretation that supports the claim that a rational agent’s “preferences” must satisfy the “axioms” that are necessary for them to be measurable in this way. It is argued that the only interpretation that supports the idea that the rational agent’s preferences must meet these axioms interprets “preferences” as a kind of value-judgment. But this turns out to be version of the neo-Aristotelian view, rather than the neo-Humean view. Rational intentions maximize expected choiceworthiness, not expected utility. (shrink)