Two approaches to elevating certain laws of nature over others have come to prominence recently. On the one hand, according to the meta-laws approach, there are meta-laws, laws which relate to laws as those laws relate to particular facts. On the other hand, according to the modal, or non-absolutist, approach, some laws are necessary in a stricter sense than others. Both approaches play an important role in current research, questioning the ‘orthodoxy’ (...) represented by the leading philosophical theories of natural laws—Humeanism, the DTA view, dispositional essentialism and primitivism. This paper clarifies the relations between these two emerging approaches, as well as their applicability to physical laws and the status of the challenges they pose for standard theories of laws of nature. We first argue that, despite some significant similarities between the two approaches (especially in the context of Lange’s counterfactual account of laws), they are in general distinct and largely independent of each other. Then, we argue that the support for meta-laws from physical theory and practice is more questionable than usually presented. (shrink)

How, if at all, consciousness can be part of the physical universe remains a baffling problem. This article outlines a new, developing philosophical theory of how it could do so, and offers a preliminary mathematical formulation of a physical grounding for key aspects of the theory. Because the philosophical side has radical elements, so does the physical-theory side. The philosophical side is radical, first, in proposing that the productivity or dynamism in the universe that many believe to be responsible for (...) its systematic regularities is actually itself a physical constituent of the universe, along with more familiar entities. Indeed, it proposes that instances of dynamism can themselves take part in physical interactions with other entities, this interaction then being “meta-dynamism” (a type of meta-causation). Secondly, the theory is radical, and unique, in arguing that consciousness is necessarily partly constituted of meta-dynamic auto-sensitivity, in other words it must react via meta-dynamism to its own dynamism, and also in conjecturing that some specific form of this sensitivity is sufficient for and indeed constitutive of consciousness. The article proposes a way for physical laws to be modified to accommodate meta-dynamism, via the radical step of including elements that explicitly refer to dynamism itself. Additionally, laws become, explicitly, temporally non-local in referring directly to quantity values holding at times prior to a given instant of application of the law. The approach therefore implicitly brings in considerations about what information determines states. Because of the temporal non-locality, and also because of the deep connections between dynamism and time-flow, the approach also implicitly connects to the topic of entropy insofar as this is related to time. (shrink)

Meta-laws, including conservation laws, are laws about the form of more specific, phenomenological, laws. Lange distinguishes between meta-laws as coincidences, where the meta-law happens to hold because the more specific laws hold, and meta-laws as constraints to which subsumed laws must conform. He defends this distinction as a genuine metaphysical possibility, such that metaphysics alone ought not to rule one way or another, leaving it an open question for (...) physics. Lange’s distinction marks a genuine difference in how a given meta-law can be used in explanations. Yet, I argue, it is not simply an empirical matter as to whether a given conservation law is a constraint or a coincidence. There is no set matter of fact about the world that determines this, and physics alone will not be able to return a determinate verdict on a law-by-law basis, even while there is a genuine difference between any given law as constraint and as coincidence. Rather, the difference marks different ways of treating the same law in a theoretical setting: by shifting the explanatory context, treating the same law as part of a different mathematical structure, it can be a genuine constraint and a genuine coincidence. The difference between constraint and coincidence relates to the way in which we use a law in specific theoretical and explanatory settings. Because the same law can appear in multiple contexts, it can be used in these genuinely different ways, without itself ‘‘really’’ being either one or the other as some atomistic empirical fact. Conservation laws as constraints and conservation laws as coincidences are both genuine theoretical roles that the same law can play. I conclude by considering how this pragmatist construal of constraints versus coincidences reveals how two parts of Lange’s work in this section of the book are unexpectedly independent of one another. -/- . (shrink)

In this paper, partly historical and partly theoretical, after having shortly outlined the development of the meta-ethics in the 1900?s starting from the Tractatus of Wittgenstein, I argue it is possible to sustain that emotivism and intuitionism are unsatisfactory ethical conceptions, while on the contrary, reason (intended in a logical-deductive sense) plays an effective role both in ethical discussions and in choices. There are some characteristics of the ethical language (prescriptivity, universalizability and predominance) that cannot be eluded (pain the (...) non significativity of the same language) by those who want to morally reason, i.e. by those who intend to regulate their own behaviour on the basis of knowledged and coherent principles. These characteristics can be found whether or not all possible ontological-metaphysics foundations of morals are taken into account. Furthermore the deontic logic systems allow the formalization of ethical theories and - at least in principle - a rigorous critical discussion of the same, but obviously nothing can be affirmed on the value of truth of the axioms of a system. In the deontic logic systems Hume?s law is assumed as an implicit result of inferential (conventional) rules and the acceptance of Hume?s law as a logical-linguistic thesis does not involve the cancellation of values (nihilism) or ethical relativism or indifferentism. (shrink)

Meta-ontology (in van Inwagen's sense) concerns the methodology of ontology, and a controversial meta-ontological issue is to what extent ontology can rely on linguistic analysis while establishing the furniture of the world. This paper discusses an argument advanced by some ontologists (I call them unifiers) against supporters of or coincident entities (I call them multipliers) and its meta-ontological import. Multipliers resort to Leibniz's Law to establish that spatiotemporally coincident entities a and b are distinct, by pointing at (...) a predicate F () made true by a and false by b . Unifiers try to put multipliers in front of a dilemma: in attempting to introduce metaphysical differences on the basis of semantic distinctions, multipliers either (a) rest on a fallacy of verbalism, entailed by a trade-off between a de dicto and a de re reading of modal claims, or (b) beg the question against unifiers by having to assume the distinction between a and b beforehand. I shall rise a tu quoque, showing that unifiers couldn't even distinguish material objects (or events) from the spatiotemporal regions they occupy unless they also resorted to linguistic distinctions. Their methodological aim to emancipate themselves from linguistic analysis in ontological businesses is therefore problematic. (shrink)

In a recent paper (Bird 2001), Alexander Bird argues that the law that common salt dissolves in water is metaphysically necessary - and he does so without presupposing dispositionalism about properties. If his argument were sound, it would thus show that at least one law of nature is meta- physically necessary, and it would do so without illicitly presupposing a position (dispositionalism) that is already committed to a necessitarian view of laws. I shall argue that Bird's argument is (...) unsuccesful. (shrink)

Many philosophers are baffled by necessity. Humeans, in particular, are deeply disturbed by the idea of necessary laws of nature. In this paper I offer a systematic yet down to earth explanation of necessity and laws in terms of invariance. The type of invariance I employ for this purpose generalizes an invariance used in meta-logic. The main idea is that properties and relations in general have certain degrees of invariance, and some properties/relations have a stronger degree of (...) invariance than others. The degrees of invariance of highly-invariant properties are associated with high degrees of necessity of laws governing/describing these properties, and this explains the necessity of such laws both in logic and in science. This non-mysterious explanation has rich ramifications for both fields, including the formality of logic and mathematics, the apparent conflict between the contingency of science and the necessity of its laws, the difference between logical-mathematical, physical, and biological laws/principles, the abstract character of laws, the applicability of logic and mathematics to science, scientific realism, and logical-mathematical realism. (shrink)

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies replacing (...) the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board. (shrink)

We present a multidisciplinary, universal a pragmatic theory of causation based explicitly on five methodological causal seminal dimensions. The first one is called formal-mathematical-idealist theory and emerges as a meta-conceptual fusion of several existing causal theories. The second one is essentially based on a global, scientific and technical perspective. In fact, this can be considered as a meta-dimension encompassing a huge number of academic disciplines. The third dimension arises once more as combination of former approaches having the mind (...) and its laws as the central paradigm. The fourth one is structurally related with our subjective phenomenological world and its objective impact on the external universe. And, finally, the fifth dimension is closely related with the first one, but more oriented toward the global implicit purpose of the universe and what this implies causally on the events in nature. We give several concrete examples elucidating the explanatory range of our theory. (shrink)

“De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern intellectual life generally.” (...) Law today, wrote Weber, “is all too tangibly (in the great majority of its determinations, and especially in many which are particularly important in terms of principle) revealed to be both the product and the technical medium of a compromise of interests,”. (shrink)

An axiological analysis of the basis of the 1997 Constitution of the Republic of Poland, determined mainly in the Preamble, makes it possible to put forward a thesis that this axiology is not, at least in reference to the principle, eclectic. In respect of the meta-axiological settlements, this is a tradition of natural-law type, recognizing the objective grounding of values and law. The accepted solutions are also convergent with the axiology typical of the international protection of human rights. -/- (...) Résumé L’analyse des fondements axiologiques de la Constitution polonaise de 1997, inscrits avant tout dans le préambule, permet de formuler la thèse selon laquelle cette axiologie n’est pas, en principe, éclectique. La réflexion sur les valeurs s’inscrit dans la vision classique des fondements du droit, remontant à l’antiquité. Partant de là, se dégage une tradition juridique appuyée sur le droit naturel, reconnaissant la force objective des valeurs et du droit. Ces conclusions rejoignent l’axiologie classique de la protection internationale des droits de l’Homme. -/- Zusammenfassung Die Analyse der vor allem durch die Präambel definierten axiologischen Grundlagen der Verfassung der Republik Polen von 1997 ermöglicht die Aufstellung der These, dass diese Axiologie nicht eklektisch ist, zumindest nicht prinzipiell. Hier enthüllt sich ein Denken von den Werten, das sich in die klassische, bis in die Antike zurückreichende Reflexion über die Grundlagen des Rechts einfügt. Wegen der metaaxiologischen Entscheidungen ist das eine Tradition naturrechtlichen Typs, die die objektive Begründung der Werte und des Rechts anerkennt. Die angenommenen Lösungen stimmen auch mit der für den internationalen Schutz der Menschenrechte typischen Axiologie überein. (shrink)

Morality can be adaptive or maladaptive. From this fact come polarizing disputes on the meta-ethical status of moral adaptation. The realist tracking account of morality claims that it is possible to track objective moral truths and that these truths correspond to moral rules that are adaptive. In contrast, evolutionary anti-realism rejects the existence of moral objectivity and thus asserts that adaptive moral rules cannot represent objective moral truths, since those truths do not exist. This article develops a novel evolutionary (...) view of natural law to defend the realist tracking account. It argues that we can identify objective moral truths through cultural group selection and that adaptive moral rules are likely to reflect such truths. (shrink)

I argue that No-Ought-From-Is (in the sense that I believe it) is a relatively trivial affair. Of course, when people try to derive substantive or non-vacuous moral conclusions from non-moral premises, they are making a mistake. But No-Non-Vacuous-Ought-From-Is is meta-ethically inert. It tells us nothing about the nature of the moral concepts. It neither refutes naturalism nor supports non-cognitivism. And this is not very surprising since it is merely an instance of an updated version of the conservativeness of logic (...) (in a logically valid inference you don’t get out what you haven’t put in): so long as the expressions F are non-logical, you cannot get non-vacuous F-conclusions from non-F premises. However, the triviality of No-Non-Vacuous-Ought-From-Is is important and its non-profundity profound. No-Ought-From-Is is widely supposed to tell us something significant about the nature of the moral concepts. If, in fact, it tells us nothing, this is a point well worth shouting from the housetops. This brings me to my dispute with Gerhard Schurz who has proved a related version of No-Ought-From-Is, No-Ought-Relevant-Ought-From-Is, a proof which relaxes my assumption that ‘ought’ should not be treated as a logical constant. But if ought is not a logical expression then it does not really matter much that No-Ought-From-Is would be salvageable even if it were. Furthermore, Schurz’s proof depends on special features of the moral concepts and this might afford the basis for an abductive argument to something like non-cognitivism. As an error theorist, and therefore a cognitivist, I object. Finally I take a dim view of deontic logic. Many of its leading principles are false, bordering on the nonsensical, and even the reasonably plausible ones are subject to devastating counter-examples. (shrink)

Our universe features a harmonious match between laws and states: applying its laws to its states generates other states. This is a striking fact. Matters might have been otherwise. The universe might have been stillborn in a state unengaged by its laws. The problem of nomological harmony is that of explaining the noted striking fact. After introducing and developing this problem, we canvass candidate solutions and identify some of their virtues and vices. Candidate solutions invoke the likes (...) of a designer, axiarchic meta-laws, multiverses, essential causal powers, and Humean laws. (shrink)

A synthetic glance about the basic outlines of Hare's Meta-ethics is offered in this paper to support the idea that Hume's law is still a productive resource for ethical studies. Hare accepted the emotivist premise that moral judgments do not, in the same way as ordinary statements do, state matters of fact that are either true or false, but denied that therefore they must be forms of exclamation. The essential character of moral discourse consisted, not, as the emotivists had (...) held, in its links with subjective attitudes, but with action; moral judgments were prescriptive, in that they expressed commitments to action on the part of the person uttering them, and at the same time their rationality was assured by their universalisability, i.e. their property of applying not merely to the person uttering them, but to all similar persons in similar circumstances. (shrink)

In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical (...) foundationalism. I think that the neo-Thomists are basically right to argue that for Aquinas we cannot really understand objective truths about moral standards unless we derive them from our intellective knowledge of natural facts as given to us by the essential human nature that we have. While I find Finnis’s interpretative position on Aquinas wanting, I go on to argue that his own attachment to non-naturalism is justified and should not be jettisoned. Because I think non-naturalism important to the future tenability of a viable natural law ethics (an ethics that is both cognitive and objectivist), I argue that Finnis should, so to speak, “beef up” his “fundamental option” for non-naturalism and more fully avail himself of certain argumentative strategies available in its defense, argumentative strategies that are inspired by the analytical philosophy of G.E. Moore. (shrink)

Reasoning about mental states and processes is important in various subareas of the legal domain. A trial lawyer might need to reason and the beliefs, reasoning and other mental states and processes of members of a jury; a police officer might need to reason about the conjectured beliefs and reasoning of perpetrators; a judge may need to consider a defendant's mental states and processes for the purposes of sentencing and so on. Further, the mental states in question may themselves be (...) about the mental states and processes of other people. Therefore, if AI systems are to assist with reasoning tasks in law, they may need to be able to reason about mental states and processes. Such reasoning is riddled with uncertainty, and this is true in particular in the legal domain. The article discusses how various different types of uncertainty arise, and shows how they greatly complicate the task of reasoning about mental states and processes. The article concentrates on the special case of states of belief and processes of reasoning, and sketches an implemented, prototype computer program (ATT-Meta) that copes with the various types of uncertainty in reasoning about beliefs and reasoning. In particular, the article outlines the system's facilities for handling conflict between different lines of argument, especially when these lie within the reasoning of different people. The system's approach is illustrated by application to a real-life mugging example. [NB: The date on the archived preprint avail via this Phil* page has an incorrect date, 2011, on it. The correct date is 2001.]. (shrink)

How do we ensure agents formulating legal statements are not systematically in error? In this paper I assume that the success of legal statements follows from the fact that propositions expressed by legal statements adequately represent legal reality. I argue that the content of legal statements hinges implicetly on the sources of law and methods in which we attribute meaning to these sources. In this regard, I identify the primary obstacle to the success of actions that consist of asserting legal (...) statements as a systematic failure to refer to the proper method of interpretation by the agents formulating these statements. The paper explores several solutions to this challenge, focusing on the solution explaining the success in referring to the proper method of interpretation in virtue of meta-interpretive considerations. Subsequently, the paper discusses a challenge to this solution following from the claim that there are many different theories of meta-interpretation, and there is no fact (neither natural, nor conventional or intentional, anchored in the collective consciousness of society), determining that one of them is more accurate than the other ones. Given all the intricacies, this study focuses on exploring a coherent framework for understanding how different interpretive methods and meta-interpretative theories can be evaluated and applied in legal practice. It seeks to articulate a model that accommodates the diversity of interpretations while striving for a reasoned consensus on how legal texts should be understood and applied. (shrink)

When faced with the charge that a given concept of God is contradictory, the standard move among philosophers and theologians has been to try to explain away the contradiction and show that the concept of God in question is consistent. This has to do, of course, with the Law of Non-Contradiction (LNC). Another option, which has recently generated interest among logicians and analytic philosophers of religion, is to reject such a move as unnecessary and defend what might be called the (...) contradictory God thesis. To be sure, something close to that can be found in philosophers such as Pseudo-Dionysius, Thomas Aquinas and Nicolaus de Cusa. However, it is only recently that this approach has gained momentum, certainly driven by the contemporary advance of dialetheism and glut theoretic approaches in general, and paraconsistent logic. Needless to say, a standard move among defenders of the contradictory God thesis is to reject the LNC. The argumentation, however, is seldomly framed in conceptual terms. Instead, it is mostly framed in ontological terms, as God being a contradictory entity. From this perspective, the contradictory God thesis is the thesis that God is a contradictory object. My goal in this paper is to provide a conceptual assessment of the discussion surrounding the contradictory God thesis. To achieve this, I make use of a general and hopefully non-controversial meta-theory of concepts and adopt a semantic approach rather than a metaphysical one. Within this framework, I address the following questions: What are the different ways we can understand the contradictory God thesis? What grounds are there for rejecting a contradictory concept of God? What standard moves are available to defend oneself from such criticisms and how do they relate to the LNC? What challenges do they present? As a secondary goal, the paper introduces a novel defense of the contradictory God thesis, drawing on a specific interpretation of the theology of the 16th-century Indian thinker Jīva Gosvāmī, which does not necessitate the rejection of the LNC. I term this approach ‘non-dialetheic mystical contradictory theism.’. (shrink)

Introduction: Clinical practice guidelines (CPGs) are an important source of justification for clinical decisions in modern evidence-based practice. Yet, we have given little attention to how they argue their evidence. In particular, how do CPGs argue for treatment with long-term medications that are increasingly prescribed to older patients? Approach and rationale: I selected six disease-specific guidelines recommending treatment with five of the medication classes most commonly prescribed for seniors in Ontario, Canada. I considered the stated aims of these CPGs and (...) the techniques employed towards those aims. Finally, I reconstructed and logically analysed the arguments supporting recommendations for pharmacotherapy. Analysis: The primary function of CPGs is rhetorical, or persuasive, and their means of persuasion include both a display of their credibility and their argumentation. Arguments supporting pharmacotherapy recommendations for the target population follow a common inductive pattern: statistical generalization from randomized controlled trial (RCT) and meta-analysis evidence. Two of the CPGs also argue their treatment recommendations for older patients in this style, while three fail to justify pharmacotherapy specifically for the older population. Discussion: The arguments analysed lack the auxiliary assumptions that would warrant making a generalization about the clinical effectiveness of medications for the older population. Guidelines reason using simple induction, while ignoring important inferential gaps. Future guidelines should aspire to be well-reasoned rather than simply evidence-based; argue from a plurality of evidence; be wary of hasty inductions; appropriately limit the scope of their recommendations; and avoid making law-like, prescriptive generalizations. (shrink)

This book gives an account of work that I have done over a period of decades that sets out to solve two fundamental problems of philosophy: the mind-body problem and the problem of induction. Remarkably, these revolutionary contributions to philosophy turn out to have dramatic implications for a wide range of issues outside philosophy itself, most notably for the capacity of humanity to resolve current grave global problems and make progress towards a better, wiser world. A key element of the (...) proposed solution to the first problem is that physics is about only a highly specialized aspect of all that there is – the causally efficacious aspect. Once this is understood, it ceases to be a mystery that natural science says nothing about the experiential aspect of reality, the colours we perceive, the inner experiences we are aware of. That natural science is silent about the experiential aspect of reality is no reason whatsoever to hold that the experiential does not objectively exist. A key element of the proposed solution to the second problem is that physics, in persistently accepting unified theories only, thereby makes a substantial metaphysical assumption about the universe: it is such that a unified pattern of physical law runs through all phenomena. We need a new conception, and kind, of physics that acknowledges, and actively seeks to improve, metaphysical presuppositions inherent in the methods of physics. The problematic aims and methods of physics need to be improved as physics proceeds. These are the ideas that have fruitful implications, I set out to show, for a wide range of issues: for philosophy itself, for physics, for natural science more generally, for the social sciences, for education, for the academic enterprise as a whole and, most important of all, for the capacity of humanity to learn how to solve the grave global problems that menace our future, and thus make progress to a better, wiser world. It is not just science that has problematic aims; in life too our aims, whether personal, social or institutional, are all too often profoundly problematic, and in urgent need of improvement. We need a new kind of academic enterprise which helps humanity put aims-and-methods improving meta-methods into practice in personal and social life, so that we may come to do better at achieving what is of value in life, and make progress towards a saner, wiser world. This body of work of mine has met with critical acclaim. Despite that, astonishingly, it has been ignored by mainstream philosophy. In the book I discuss the recent work of over 100 philosophers on the mind-body problem and the metaphysics of science, and show that my earlier, highly relevant work on these issues is universally ignored, the quality of subsequent work suffering as a result. My hope, in publishing this book, is that my fellow philosophers will come to appreciate the intellectual value of my proposed solutions to the mind-body problem and the problem of induction, and will, as a result, join with me in attempting to convince our fellow academics that we need to bring about an intellectual/institutional revolution in academic inquiry so that it takes up its proper task of helping humanity learn how to solve problems of living, including global problems, and make progress towards as good, as wise and enlightened a world as possible. (shrink)

Sora from Open AI has shown exceptional performance, yet it faces scrutiny over whether its technological prowess equates to an authentic comprehension of reality. Critics contend that it lacks a foundational grasp of the world, a deficiency V-JEPA from Meta aims to amend with its joint embedding approach. This debate is vital for steering the future direction of Artificial General Intelligence(AGI). We enrich this debate by developing a theory of productive imagination that generates a coherent world model based on (...) Kantian philosophy. We identify three indispensable components in the coherent world model that enable genuine world understanding: latent representations of isolated objects, an a priori law of change across space and time, and Kantian categories. Our analysis reveals that Sora is limited because of its oversight of the a priori law of change and Kantian categories, flaws that are not rectifiable through scaling up the training. V-JEPA learns the context-dependent aspect of the a priori law of change. Yet it fails to fully comprehend Kantian categories and incorporate experience, leading us to conclude that neither system currently achieves a comprehensive world understanding. Nevertheless, each system has developed components essential to advancing an integrated AI productive imagination-understanding engine. Finally, we propose an innovative training framework for an AI productive imagination-understanding engine, centered around a joint embedding system designed to transform disordered perceptual input into a structured, coherent world model. Our philosophical analysis pinpoints critical challenges within contemporary video AI technologies and a pathway toward achieving an AI system capable of genuine world understanding, such that it can be applied for reasoning and planning in the future. (shrink)

This paper works out the scheme of “institutional competences” that underlies the famous Hart and Sacks Legal Process Materials first distributed in final mimeographed form in1958. The Materials were not published during the life times of their authors but were nonetheless a major influence on American legal thought from their first distribution as course materials at Harvard Law School until their abrupt fall from prominence in the early 1970s. The Materials offer the scheme as a solution to the apparent anomaly (...) in a democracy of the law making power in both public and private law of unelected judges serving long terms. The paper critiques the Hart and Sacks solution, called law making through “reasoned elaboration,” which they claimed was sharply distinct from legislative law making or administrative fiat. The paper argues that in both public and private law the materials the judge is to elaborate are characterized by contradictory internal logics. The judge has to choose between them without a meta-criterion. In cases with high stakes, extra-juristic normative orientations, whether moral theories or political ideologies, will come into play, regardless of the judge’s commitment to excluding them. The second part of the paper places Hart and Sacks in a larger historical and comparative context of efforts to solve the problem of social order by way of legal rationality. These two parts were preceded in the original paper by a long discussion, now lost but never very satisfying to me, of the Hart and Sacks theory of “private ordering” in relation to state regulatory power. I wrote the paper for extra credit in the spring of 1970 as a third year student at the Yale Law School. I’ve corrected a few typos but haven’t changed it in any other way. I never published it but it was circulated to a limited extent among Legal Process devotees. Eskridge and Frickey, editors of the Materials as published finally in 1994, credit it, along with another unpublished student paper by Roberto Unger, with hastening the demise of the Materials as a master text. The first part of this version of the paper was recently published in Droit et Philosophie, no. 13, p. 97-117 (2021). (shrink)

This is an introduction to my edited book, the Research Handbook on Liberalism (2024). Some chapters tackle broad, meta-level questions about the coherence and justificatory limits and possibilities of liberalism; others tackle conceptual issues; still others, specific institutional, cultural, historical, and political questions. This introductory chapter is intended to provide a general orientation to these discussions, but also highlight some recurring themes and challenges facing liberalism in an era of rampant inequality, illiberalism, rising autocracies, populism, and massive technological change. (...) I provide a taxonomy of five different kinds of liberalism in play in the field, along with three overarching challenges discussed in the book - the apparent insufficiency, complacency, and self-undermining nature of liberalism. Can contemporary liberalism survive? It can, but not without clearly grasping some of the fundamental challenges it faces today. (shrink)

During the eighteenth century, German philosophers wrote on a broad range of topics in moral philosophy: from meta-ethical issues such as the nature of obligation, to elaborate systems of normative ethics (often in the form of a doctrine of duties to self, others, and God), to topics in applied ethics such as the permissibility of the death penalty and censorship. Moral philosophy was also intimately related to the modern natural law tradition at the time, as well as to discussions (...) taking place in theology and psychology, to name only a few other disciplines. As a result, it is often hard to isolate eighteenth-century German moral philosophy without addressing a whole host of other philosophical subjects. There are nonetheless certain central topics that were discussed by nearly every major figure of the period and which therefore serve as a window into how German philosophers approached moral philosophy during the eighteenth century. In this chapter I illustrate that one such topic is the principle of morality; namely what philosophers took to be the supreme norm at the foundation of judging actions to be morally good or evil. As we will see, although several figures approached this principle in a broadly similar way by identifying “perfection” as the central concept at work, they differ considerably with respect to important details. Furthermore, certain common threads reveal themselves: philosophers differ not only with respect to the content of the principle, but also with respect to the way in which it can be derived, how particular duties can in turn be derived from the supreme principle, and how the principle can be formulated. I begin by outlining Christian Wolff’s influential principle of perfection (Section 1), followed by a consideration of Alexander Gottlieb Baumgarten’s subtle revision of this principle (Section 2) and Christian August Crusius’s theological alternative (Section 3). I then briefly consider the impact that the reception of eighteenth-century British philosophy had on German moral philosophy during the second half of the eighteenth century (Section 4), before considering Moses Mendelssohn’s and Immanuel Kant’s answers to the 1763 Prize Essay Question (Section 5) and Johann August Eberhard’s unique mixture of rationalism and empiricism from the early 1780s (Section 6). I conclude (Section 7) with a brief discussion of Kant’s approach to the principle of morality and the principle of happiness proposed against it by his early empiricist critics. (shrink)

Higher‐order metaphysicians take facts to be higher‐order beings, i.e., entities in the range of irreducibly higher‐order quantifiers. In this paper, I investigate the impact of this conception of facts on the debate about the reality of tense. I identify two major repercussions. The first concerns the logical space of tense realism: on a higher‐order conception of facts, a prominent version of tense realism, dynamic absolutism, turns out to conflict with the laws of (higher‐order tense) logic. The second concerns our (...) understanding of the positions occupying this logical space: on a higher‐order conception of facts, an attractive interpretation of the central tense realist notion of ‘facts constituting reality’ becomes unavailable. I discuss these results in the context of the more general project of higher‐order metaphysics and the (meta)metaphysics of time, drawing out their implications for the nature of the disputes both between realists and anti‐realists about tense and between different tense realist factions. (shrink)

Arguments pro and contra convergent realism – underdetermination of theory by observational evidence and pessimistic meta-induction from past falsity – are considered. It is argued that, to meet the counter-arguments challenge, convergent realism should be considerably changed with a help of modification of the propositions from this meta-programme “hard core” or “protecting belt”. Two well-known convergent realism rivals – “entity realism” of Nancy Cartwright and Ian Hacking and John Worrall’s “structural realism” – are considered. Entity realism’s main drawback (...) is fundamental laws underestimation. As for structural realism, its limitation of theoretical propositions by pure structural ones is ineffective. One always can transform propositions about objects into propositions about structures and vice versa. Both conceptions are kinds of “metaphysical revisionism” that tries to reformulate the good old convergent realism propositions using more decent language and applying ad hoc modifications of the solutions first obtained within the anti-realist epistemological meta-programmes. It is stated that to overcome the troubles of convergent realism one has to turn from classical or “metaphysical” realism to nonclassical or “internal” one and to coherent theory of truth. Internal realism has no troubles in solving the problem of empirically-equivalent theoretical descriptions and historical meta-induction problem, but gets the problem of scientific knowledge objectivity instead. Where does this objectivity come from? One of the answers is proposed by the scientific knowledge growth model elaborated by Rinat Nugayev and by Peter Galison. Each paradigm is a local viewpoint determined by the peculiarities of a culture into which its creator . was submerged. However, the meeting of the different paradigms leads to their interaction; as a result, the crossbred theoretical objects are constructed. Through these systems the infiltration of one paradigm on the other’s domain takes place. After the old paradigms’ grinding the new ones emerge that reconcile to each other much better than the old ones. Scientific theories reconcile results in elimination of many contingent details. In the process of competition more universal components survive. It is demonstrated that the process of objective knowledge genesis takes place in modern superstring theory too. The list of its drawbacks is rather long; it is clear that the theory cannot pretend on the role of the Theory of Everything. Nevertheless the process of argumentation pro and contra convergent realism – underdetermination of theory by observational evidence and pessimistic meta-induction from past falsity – are considered. It is argued that, to meet the counter-arguments challenge, convergent realism should be considerably changed with a help of modification of the propositions from this meta-programme “hard core” or “protecting belt”. It is stated that to overcome the troubles of convergent realism one has to turn from classical or “metaphysic” of quantum field theory and general relativity interpenetration have already begun. (shrink)

A term expresses a thick concept if it expresses a specific evaluative concept that is also substantially descriptive. It is a matter of debate how this rough account should be unpacked, but examples can help to convey the basic idea. Thick concepts are often illustrated with virtue concepts like courageous and generous, action concepts like murder and betray, epistemic concepts like dogmatic and wise, and aesthetic concepts like gaudy and brilliant. These concepts seem to be evaluative, unlike purely descriptive concepts (...) such as red and water. But they also seem different from general evaluative concepts. In particular, thick concepts are typically contrasted with thin concepts like good, wrong, permissible, and ought, which are general evaluative concepts that do not seem substantially descriptive. When Jane says that Max is good, she appears to be evaluating him without providing much description, if any. Thick concepts, on the other hand, are evaluative and substantially descriptive at the same time. For instance, when Max says that Jane is courageous, he seems to be doing two things: evaluating her positively and describing her as willing to face risk. Because of their descriptiveness, thick concepts are especially good candidates for evaluative concepts that pick out properties in the world. Thus they provide an avenue for thinking about ethical claims as being about the world in the same way as descriptive claims. -/- Thick concepts became a focal point in ethics during the second half of the twentieth century. At that time, discussions of thick concepts began to emerge in response to certain disagreements about thin concepts. For example, in twentieth-century ethics, consequentialists and deontologists hotly debated various accounts of good and right. It was also claimed by non-cognitivists and error-theorists that these thin concepts do not correspond to any properties in the world. Dissatisfaction with these viewpoints prompted many ethicists to consider the implications of thick concepts. The notion of a thick concept was thought to provide insight into meta-ethical questions such as whether there is a fact-value distinction, whether there are ethical truths, and, if there are such truths, whether these truths are objective. Some ethicists also theorized about the role that thick concepts can play in normative ethics, such as in virtue theory. By the beginning of the twenty-first century, the interest in thick concepts had spread to other philosophical disciplines such as epistemology, aesthetics, metaphysics, moral psychology, and the philosophy of law. -/- Nevertheless, the emerging interest in thick concepts has sparked debates over many questions: How exactly are thick concepts evaluative? How do they combine evaluation and description? How are thick concepts related to thin concepts? And do thick concepts have the sort of significance commonly attributed to them? This article surveys various attempts at answering these questions. (shrink)

The paper aims at finding a way out of deadlocks in Malthus scholarship concerning his relationship to utilitarianism. The main claim is that Malthus viewed his own population theory and political economy as Hifsdisziplinen to moral and political philosophy, that is, empirical enquiries required in order to be able to pronounce justified value judgments on such matters as the Poor Laws. On the other hand, Malthus’s population theory and political economy were no value-free science and his policy advice – (...) far from being “utilitarian” – resulted from his overall system of ideas and was explicitly based on a set of traditional moral assumptions. These in turn were justified by a peculiar meta-ethical theory, which has been named in a somewhat improper way “theological utilitarianism” and which I propose to name instead “consequentialist voluntarism”. The issue of poverty and its remedies is the one where Malthus’s peculiar approach, once applied to a real-world issue, displays it potentialities, yielding a kind of policy-advice that is softer and more flexible than the one that may be drawn from Benthamite utilitarianism. The reconstruction shows how, through subsequent approximations and under pressure of critics, Malthus yields finally a kind of Institutional approach to policies concerning poverty, making room for generalized basic education, free markets for labour and for corn, colonies, and private beneficence. Such a mix of policies should bring about for the lower classes of society “the means of being respectable, virtuous and happy”. -/- . (shrink)

Part One of Montesquieu's Idea of Justice comprises a survey of the currency in philosophical, ethical and aesthetic debate during the second half of the 17th century of the terms rapport and convenance, which are central to the enigmatic definition given to justice by Mon tesquieu in Lettres Persanes LXXXllI. In this survey, attention is concen trated on the way in which the connotations of these terms fluctuate with the divergent development of the methodological and speculative outgrowths of Cartesian ism (...) into two schools of thought, materialist and idealist, often widely at variance in their views of the nature and orga nization of the universe. In Part Two, Montesquieu's definition of justice is set against this background, whose doctrinal conflicts, because of the characteristic as sociations of its key terms, it may be taken to reflect, just as it may be held to epitomize, by virtue of its elaboration in the opening chapter of De l' Esprit des Lois and its close terminological affinities with the defini tion of law there given, an undoubtedly related conflict between the implications of causal determinism and the aspirations of idealist meta physics surviving at the heart of Montesquieu's outlook, and, remaining unresolved, often said to impair the coherence if not the validity of his theory of society. (shrink)

Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to (...) organized crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)

The heart of Aristotelian Logic is the square of opposition. This study engaged on further [re]investigation and meta-logical analysis of the validity of the square of opposition. Further, in this paper, it has been modestly established, with greater clarity, the exposition of the strengths, more than the presentation of the defects, loopholes and weaknesses, of the Aristotelian Logic in a descriptive and speculative manner. The unconcealment of the breakdown of the square of opposition marked a rupture and the opening (...) of avenues of alternative reasoning. The critical and analytical exposition of the loopholes of the square of opposition led to a realization that things around us could have been and still be different; and there could have been better alternative reasoning than what we have called, adopted, and worshipped [Greek] logic. Results show that the downfall of the oppositional relationships in the square of opposition provided a proof of the logical illusion of Aristotle or the loophole of Traditional Logic. The laws of opposition, that have been considered the measures of logically deductive inferences, are practically almost totally logical deceptions. By implication, if the laws of subcontrariety, contrariety, and subalternation [and may be contradiction] have collapsed, the square of opposition has also collapsed; hence, Aristotle‟s square of opposition is a fallacy. This means that the square of opposition has errors and in itself an error. (shrink)

Bernard Williams argues that philosophy is in some deep way akin to history. This article is a novel exploration and defense of the Williams thesis —though in a way anathema to Williams himself. The key idea is to apply a central moral from what is sometimes called the analytic philosophy of history of the 1960s to the philosophy of philosophy of today, namely, the separation of explanation and laws. I suggest that an account of causal explanation offered by David (...) Lewis may be modified to bring out the way in which this moral applies to philosophy, and so to defend the Williams thesis. I discuss in detail the consequences of the thesis for the issue of philosophical progress and note also several further implications: for the larger context of contemporary metaphilosophy, for the relation of philosophy to other subjects, and for explaining, or explaining away, the belief that success in philosophy requires a field-specific ability or brilliance. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

The Euthyphro objection is often perceived, rightly or wrongly, as the king objection to theistic meta-ethics. This paper proposes a response that hasn’t been much explored within the contemporary literature, based on the metaphysics of dispositions and natural law theory. The paper will first contend that there is a parallel between ways theists conceptualise God’s role in creating laws of nature and the ways God creates goods. Drawing upon these parallels I propose a possible response to the dilemma, (...) where this response parallels the dispositionalist response as to how God creates laws of nature. I do this by first explicating a natural law theory of goodness, then suggesting how the ontology of dispositions can be used in a novel way to account for goods, and finally by explaining how all this relates to the dilemma. I conclude the paper by posing some objections to myself and providing some replies. (shrink)

During the last two decades, a sharp re-reading of St. Paul’s letters allowed several thinkers to embed a messianic element in their political philosophy. In these readings, the messianic refusal of the world and its laws is understood through the suspensive act of ‘subtraction’ – a movement of withdrawal which nonetheless proved too often ineffective when translated in political practice. -/- After having analysed Agamben’s declension of Subtraction in terms of ‘inoperativity’, this article focuses on the notion of Parousia (...) as a key element to understand his anti-utopian account of messianic time. In contrast with Agamben’s reading, Bloch’s interpretation of the Pauline Parousia envisages the messianic event as infra-historical, but at the same time opened to ultimate (meta-historical) purposes. Bloch’s messianic call – I argue – takes the form of mediation, a correction of subtraction towards the direction of a more committed political engagement. I conclude suggesting that the concrete implementations of this mediation perform their emancipatory function in so far as they assume the character of practical ethics, with the attention directed to the underprivileged and marginalised. (shrink)

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

Proceedings of the papers presented at the Symposium on "Revisiting Turing and his Test: Comprehensiveness, Qualia, and the Real World" at the 2012 AISB and IACAP Symposium that was held in the Turing year 2012, 2–6 July at the University of Birmingham, UK. Ten papers. - http://www.pt-ai.org/turing-test --- Daniel Devatman Hromada: From Taxonomy of Turing Test-Consistent Scenarios Towards Attribution of Legal Status to Meta-modular Artificial Autonomous Agents - Michael Zillich: My Robot is Smarter than Your Robot: On the Need (...) for a Total Turing Test for Robots - Adam Linson, Chris Dobbyn and Robin Laney: Interactive Intelligence: Behaviour-based AI, Musical HCI and the Turing Test - Javier Insa, Jose Hernandez-Orallo, Sergio España - David Dowe and M.Victoria Hernandez-Lloreda: The anYnt Project Intelligence Test (Demo) - Jose Hernandez-Orallo, Javier Insa, David Dowe and Bill Hibbard: Turing Machines and Recursive Turing Tests — Francesco Bianchini and Domenica Bruni: What Language for Turing Test in the Age of Qualia? - Paul Schweizer: Could there be a Turing Test for Qualia? - Antonio Chella and Riccardo Manzotti: Jazz and Machine Consciousness: Towards a New Turing Test - William York and Jerry Swan: Taking Turing Seriously (But Not Literally) - Hajo Greif: Laws of Form and the Force of Function: Variations on the Turing Test. (shrink)

Metaphysics as theoretical framework for more empirically oriented research in science and in the humanities seems to be either ignored or regarded with great suspicion at the present time. Natural scientists, for example, by and large employ an instrumentalist approach to the study of the laws of nature. Their aim is to deal, not with things in themselves (the Kantian noumena) but with their empirical manifestation (Kantian phenomena) via tentative hypotheses subject to empirical verification. In the humanities, there is (...) deep suspicion of so-called “meta-narratives” that offer a comprehensive vision of reality on the grounds that their authors are consciously or unconsciously trying to control the thinking and behavior of others. Yet, as Colin Gunton points out, human beings, thus faced with an enormous diversity of options in virtually every area of human life, end up making important decisions simply on the basis of momentary personal preference. In this article, I first review the classical philosophical understanding of the relation between the One and Many in which the One is conceived as ontologically prior to the Many as their necessary principle of unity and intelligibility. I then propose a new paradigm for the relation between the One and the Many in which the Many by their dynamic interrelation from moment to moment initially co-create and then sustain the One not as a higher-order individual entity but as their conjoint energy-source and ongoing field of activity. The One can then be readily integrated into a hierarchical ordered system of fields within fields at all levels of existence and activity within nature. In the final part of the article, I indicate how this new field-oriented understanding of the relation between the One and the Many may help to solve controversial issues in natural science and Christian systematic theology. (shrink)

SYMMETRY IN PHYSICS: FROM PROPORTION AND HARMONY TO THE TERM OF METALENGUAJE -/- Ruth Castillo Universidad Central de Venezuela -/- The revolutionary changes in physics require a careful exploration of the way in which concepts depend on the theoretical structure in which they are immerse. A historical reconstruction allows us to show how the notion of symmetry evolves from the definition as proportion and harmony to its consideration within the language of contemporary physics, as a linguistic meta-theoretical requirement in (...) physical theories. In contemporary terms, symmetry is a fundamental category of research to which the usual categories of the natural sciences can be reduce in: space, time, causality, interaction, matter, strength, etc ... Thus, symmetry is a concept with different meanings: heuristically symmetric models inspire scientists in the search for solutions to different problems. Methodologically, symmetric structures are use to make theories, laws with invariant properties. A description of nature in terms of symmetric structures and symmetry ruptures seems to be the proper way to describe the complexity of reality. (shrink)

The AGI alignment problem has a bimodal distribution of outcomes with most outcomes clustering around the poles of total success and existential, catastrophic failure. Consequently, attempts to solve AGI alignment should, all else equal, prefer false negatives (ignoring research programs that would have been successful) to false positives (pursuing research programs that will unexpectedly fail). Thus, we propose adopting a policy of responding to points of philosophical and practical uncertainty associated with the alignment problem by limiting and choosing necessary assumptions (...) to reduce the risk of false positives. Herein we explore in detail two relevant points of uncertainty that AGI alignment research hinges on---meta-ethical uncertainty and uncertainty about mental phenomena---and show how to reduce false positives in response to them. (shrink)

This study seeks to critically explore the link between sovereignty, violence and war in Giorgio Agamben’s Homo Sacer series and Thomas Hobbes’s Leviathan. From a brief rereading of Leviathan’s main arguments that explicitly revolves around the Aristotelian distinction between actuality/ potentiality, it will conclude that Hobbesian pre-contractual violence is primarily based on what Hobbes terms “anticipatory reason” and the problem of future contingency. Relying on Foucauldian insights, it will be emphasized that the assumption of certain potentialities suffices in leading to (...) Hobbes’s well-known conclusion that the state of nature is a “condition of Warre.” In a second step, this study considers some of Agamben’s arguments to account for how pre-contractual violence as envisioned by Hobbes cannot be rendered impotent through the integration of a sovereign. In specific, Agamben’s claims shed light on an irreducible, inextricable entwining between the state of nature and the state of law as “Siamese twins” (Virno). On a meta-level, Agamben thus implicitly shows how the “Hobbesian problem” cannot be merely reduced to a “problem of order” (Parsons). With regard to the current functioning of the stratagems of financial markets and the mechanisms of future-colonization underpinning global politics, this study finally argues that Hobbes ought to be reevaluated in particular regarding the problem of the future in his account. Partly responding to Agamben’s critical investigations, I suggest that a careful exploration of what will be coined “the prospects of an actualization of the potentiality not-to-be” might serve as a first theoretical step towards a productive form of criticism. (shrink)

The mathematical universe hypothesis is a theory that the physical universe is not merely described by mathematics, but is mathematics, specifically a mathematical structure. Our research provides evidence that the mathematical structure of the universe is biological in nature and all systems, processes, and objects within the universe function in harmony with biological patterns. Living organisms are the result of the universe’s biological pattern and are embedded within their physiology the patterns of this biological universe. Therefore physiological patterns in living (...) organisms can be used as models to structurally map analogies from the biological domain to any target domain to reveal and understand the biological nature of the target domain. Our paper explores various analogies, structurally mapping a red blood cell to a cup; proteins produced from ribosomes to music produced from instruments; a beating heart to the melting and freezing of Antartica; cells, tissue, organs and blood, to people, organizations, industries, and money, and; bio-economic concepts in cellular society to socioeconomic concepts in human society. It also discusses how phenomena in cellular mitosis can help explain phenomena in the universe, such as black holes, dark matter, dark energy, and the structure of the universe. Building upon the concept of perennial wisdom, our research has provided evidence that the ideas of a biological universe were expressed across many past cultures and historical periods. The implications of this theory are vast, encompassing fields such as physics, science, philosophy, religion, law, economics, politics, and engineering, thus serving as a unifying theory for all knowledge. Our theory is supported by meta-analysis of scientific, historic, and religious literature, observations and first principles logic. (shrink)

The Question of Iterated Grounding (QIG) asks what grounds the grounding facts. Although the question received a lot of attention in the past few years, it is usually discussed independently of another important issue: the connection between metaphysical explanation and the relation or relations that supposedly “back” it. I will show that once we get clear on the distinction between metaphysical explanation and the relation(s) backing it, we can distinguish no fewer than four questions lumped under QIG. I will also (...) argue that given some plausible assumptions about what it would take for a relation to back metaphysical explanation, many salient views about grounding allow us to give “easy” answers to these questions—easy in the sense that we can straightforwardly derive them from the respective conception of grounding without getting into the sorts of complexities that typically inform answers to QIG. The paper's main upshot is that we cannot expect to make much progress on QIG without first addressing the difficult issue of how exactly grounding is related to metaphysical explanation. (shrink)

Diese Schrift enthält eine Reihe von sieben Artikeln, in der es um die Beziehung der Wissenschaften zu aufgeklärten, liberalen Formen religiöser Vorstellungen geht. Im Gegensatz zu verbreiteten Ansichten zumal des vorigen Jahrhunderts führt die moderne Naturwissenschaft zu einer zwar weitgehenden, aber prinzipiell nicht vollständigen Erklärung der Wirklichkeit. Sie kann die Rätselhaftigkeit der Welt für uns Menschen nicht aufheben; die Grundfähigkeiten des menschlichen Denkens sind schließlich nicht nur Gegenstand der Wissenschaft, sondern auch Voraussetzungen jeder wissenschaftlichen Tätigkeit. Auf der „meta-theoretischen“, nämlich (...) der philosophischen, kulturellen und religiösen Ebene bleibt die Welt mehrdeutig; wir dürfen und können wählen. Nach meiner Ansicht sprechen dabei Weisheit und Lebenskunst für eine pro-religiöse Einstellung; verbindlich kann und soll sie aber nicht sein. Die Artikel folgen dieser Gedankenspur. Sie sind voneinander unabhängig entstanden, sollen auch unabhängig lesbar sein und sind dazu als Volltext einbezogen. Etwas an Wiederholungen in der Reihe ist so nicht zu vermeiden, und dafür bitte ich um Nachsicht. Am Beginn steht eine kurze Antwort des Autors zur Frage „Was ist der Mensch?“, welche die Berlin-Brandenburgische Akademie der Wissenschaften etwa achtzig Personen gestellt hat. Es folgt ein Artikel zur biologischen Entstehung der höheren geistigen Fähigkeiten unserer Spezies „Mensch“, insbesondere der kognitionsgestützten Empathie. Zentraler Aspekt ist in den weiteren Überlegungen das menschliche Bewusstsein; es gibt prinzipielle, erkenntnistheoretisch robuste Gründe gegen die Möglichkeit einer vollständigen naturwissenschaftlichen Erklärung. Schon der geniale mittelalterliche Theologe Meister Eckhart hat den Urgrund des menschlichen Bewusstseins als göttlich angesehen. Unter den modernen Naturwissenschaftlern gehe ich exemplarisch auf Wolfgang Pauli ein, der neben Physik und Logik besonders die psychischen Voraussetzungen wissenschaftlicher Entdeckungen betont. Im Bezug auf Religion zeigte er Sympathie für östliche Gedankenwelten, liebte Schopenhauer, der den Buddhismus für westliche Denker wieder entdeckt hatte. Sodann erkläre ich meine Gründe für pro-religiösen „metaphysischen Optimismus“ – das göttliche Heil ist für Alle da - und das nicht nur im Kontext des Christentums. Nach diesem mehr persönlichen Artikel (ohne Zitate!) schließe ich mit einer systematischen Analyse von Aspekten moderner Biologie, die verschiedene, sowohl agnostische wie auch pro-religiöse Deutungen ermöglichen, und argumentiere für Offenheit der Erörterung. -/- The basic issue of this book on “Science, the enigma of consciousness, and pro-religious ideas” is the relation of modern science that encompasses, among its topics, its own intrinsic limitations, to enlightened, liberal versions of religion. The relation allows for more than one logically consistent interpretation on the “metatheoretical“, that is on the philosophical and cultural level. This includes religious as well as agnostic views. Choices and preferences are mainly a matter of wisdom and art of living, and not just of knowledge, and this may lead us towards a pro-religious option. -/- . (shrink)

This paper examines how adherence to religion impacts attitudes toward homosexuality, in particular same-sex marriage in the United States. The study considers previous, current and future legislation in the United States in the context of these attitudinal belief patterns.

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) class='Hi'>laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)