There are two related points at which J.J. Gibson’s ecological theory of visual perception remains remarkably underspecified: Firstly, the notion of information for perception is not explicated in much detail beyond the claim that it “specifies” the environment for perception, and, thus being an objective affair, enables an organism to perceive action possibilities or “affordances.” Secondly, misperceptions of affordances and perceptual illusions are not clearly distinguished from each other. Although the first claim seems to suggest that any perceptual (...) illusion amounts to the misperception of affordances, there might be some relevant differences between various ways of getting things wrong. In this essay, Gibson’s notion of “specifying” information shall be reconstructed along the lines of Fred Dretske’s relational theory of information. This refined notion of information for perception will then be used to carve out the distinction between perceptual illusions and the misperception of affordances, with some help from the “Empirical Strategy” (developed by Purves et al.). It will be maintained that there are cases where perceptual illusions actually help an organism to correctly perceive an affordance. In such cases, the prima facie misrendered informational relations involved are kept intact by a set of appropriate transformation rules. Two of Gibson’s intuitions shall thus be preserved: the objectivity of informational relations and the empowerment of the organism as an active perceiver who uses those objective relations to his specific ends. (shrink)

The problem we face today is that there is a huge gap between our ethical judgments about the ecological crisis on the one hand and our ethical behavior according to these judgments on the other. In this article, we ask to what extent a phenomenology of the ecological crisis enables us to bridge this gap and display more ethical or pro-environmental behavior. To answer this question, our point of departure is the affordance theory of the American psychologist and founding father (...) of ecological psychology, James Gibson. There are two reasons for taking this approach. First of all, an ontological reading of Gibson’s affordance theory provides a concept of nature which is non-dualistic, non-anthropocentric and eco-centric, but is not seen as an ‘intrinsic value’ or product of ‘human valuation’. Secondly, the affordance ontology provides us with a concept of nature which in itself calls for certain action and behavior. If we indeed face a gap between ethical judgment and ethical behavior with regard to the current ecological crisis, an affordance of nature could bridge this gap. Based on our ontological reading of Gibson’s affordance theory, we open a radically new perspective on the current ecological crisis and the responsibility of mankind with regard to this crisis. (shrink)

Psychological and philosophical studies have extended J. J. Gibson’s notion of affordances. Affordances are possibilities for bodily action presented to us by the objects of our perception. Recent work has argued that we should extend the actions afforded by perception to mental action. I argue that we can extend the notion of affordance itself. What I call ‘Introspective Affordances’ are possibilities for mental action presented to us by introspectively accessible states. While there are some prima facie worries (...) concerning the non-perceptual nature of introspection, I will argue that our internal mental lives share enough commonalities with experiences in our environment to warrant this extension. I will demonstrate the value of introspective affordances by showing how they allow us to explain an underexplored aspect of thought insertion. (shrink)

Interest in "embodiment", and over how one may best express the implications of embodiment, is no parochial question, of interest only to a small number of effete philosophers. It confronts perceptual psychologists, developmental psychologists, and psychotherapists, of course. It may not be surprising, either, that it has become an important issue to some students of history and sociology, and to linguists, literary theorists and aestheticians. But that's not all. As physicists -- working within the very bastion of "objective" analysis -- (...) have tried to find expression for what seems to be going on in the domain of sub-atomic nature, they have begun to suggest that physical description itself is inevitably situated. And within the study of artificial intelligence, support is growing for the contention that intelligence cannot be understood entirely formalistically. Intelligence must at least be embodied -- it must somehow display "engaged agency" -- if it is to be recognizable as intelligence. It is within this context that the contribution offered by this essay must be understood. I shall contend that a particular conception -- that of "affordances" -- can, when suitably qualified, offer a conceptual tool of quite exceptional value in the construction of a positive theory of embodied agency, and of its philosophical consequences. (shrink)

There are important structural similarities in the way that animals and humans engage in unreflective activities, including unreflective social interactions in the case of higher animals. Firstly, it is a form of unreflective embodied intelligence that is ‘motivated’ by the situation. Secondly, both humans and non-human animals are responsive to ‘affordances’ (Gibson 1979); to possibilities for action offered by an environment. Thirdly, both humans and animals are selectively responsive to one affordance rather than another. Social affordances are a (...) subcategory of affordances, namely possibilities for social interaction offered by an environment: a friend’s sad face invites comforting behavior, a person waiting for a coffee machine can afford a conversation, and an extended hand affords a handshake. I will review recent insights in the nature of the bodily intentionality characteristic of unreflective action. Such ‘motor intentionality’ can be characterized as “our direct bodily inclination to act in a situated, environmental context” (Kelly 2005, p. 106). Standard interpretations of bodily intentionality see grasping an object as the paradigmatic example of motor intentionality. I will discuss the implications of another, novel perspective that emphasizes the importance of unreflective switches from one activity to another (Rietveld 2004) and understands bodily intentionality in terms of adequate responsiveness to a field of relevant affordances. In the final section I will discuss some implications for cognitive neuroscientists who use empirical findings related to the ‘mirror neuron system’ as a starting point for a theory of motor intentionality and social cognition. (shrink)

The concept of affordances is rapidly gaining traction in the philosophy of mind and cognitive sciences. Affordances are opportunities for action provided by the environment. An important open question is whether affordances can be used to explain mental action such as attention, counting, and imagination. In this paper, we critically discuss McClelland’s (‘The Mental Affordance Hypothesis’, 2020, Mind, 129(514), pp. 401–427) mental affordance hypothesis. While we agree that the affordance concept can be fruitfully employed to explain mental (...) action, we argue that McClelland’s mental affordance hypothesis contain remnants of a Cartesian understanding of the mind. By discussing the theoretical framework of the affordance competition hypothesis, we sketch an alternative research program based on the principles of embodied cognition that evades the Cartesian worries. We show how paradigmatic mental acts, such as imagination, counting, and arithmetic, are dependent on sensorimotor interaction with an affording environment. Rather than make a clear distinction between bodily and mental action, the mental affordances highlight the embodied nature of our mental action. We think that in developing our alternative research program on mental affordances, we can maintain many of the excellent insights of McClelland’s account without reintroducing the very distinctions that affordances were supposed to overcome. (shrink)

This special issue on affordances bases on the thesis, that all natural and artificial things inhere affordances that appeal to our cognitive system, and thus invite us to look at them, perceive them, think about them, interpret them, and use them. The concept roots in the studies of the American psychologist James J. Gibson from the 1960s. According to him, "things" offer a certain range of possible activities depending on their form, time patterns, and material qualities, thus (...) becoming part of human-thing-interactions. However, affordances can also be culturally trained. This aspect has been intensively discussed subsequently within different disciplines (e.g., Social Sciences, Design Studies). But only recently has the concept received attention in the field of Visual Culture Studies particularly through archaeological scholarship. (shrink)

The relation between Martin Heidegger and radical environmentalism has been subject of discussion for several years now. On the one hand, Heidegger is portrayed as a forerunner of the deep ecology movement, providing an alternative for the technological age we live in. On the other, commentators contend that the basic thrust of Heidegger’s thought cannot be found in such an ecological ethos. In this article, this debate is revisited in order to answer the question whether it is possible to conceive (...) human dwelling on earth in a way which is consistent with the technological world we live in and heralds another beginning at the same time. Our point of departure in this article is not the work of Heidegger but the affordance theory of James Gibson, which will prove to be highly compatible with the radical environmentalist concept of nature as well as Heidegger’s concept of the challenging of nature. (shrink)

Various data from communication that does not occur face-to-face are taken to be problematic for Kaplan’s account of indexical expressions, as is the case with the so-called answering machine paradox. One fix, developed by Sidelle (1991) and Briciu (2018), is the remote utterance view: recording artifacts are means by which speakers perform utterances at a distance, just as by means of other artifacts agents performs other types of actions at a distance. This view has faced an important objection, namely that (...) remote utterances lead to Moorean paradoxes. In this paper, I defend the remote utterance view against this objection and further develop the view. I argue that worries about Moorean paradoxes can easily be dispelled if we take into consideration the artifactual nature of recording devices, their materiality, and the communicative affordances they bring about. In the first section, we’ll present the answering machine paradox and give a brief overview of the remote utterance view. The second section presents the objection against the view, while the third gives a detailed rejoinder to the objection. Answering this objection is important also because it allows us to explore some underdeveloped aspects of the remote utterance view. First, I will discuss how the theorist calibrates her model with the data she seeks to explain and predict. Secondly, I will argue that speech acts performed via recording devices have different felicity conditions than their oral counterparts. I conclude with a short discussion of some semantic and pragmatic consequences of the view. (shrink)

In our everyday interaction with the environment, we often perceive objects and spaces as opportunities to feel, maintain, enhance, and change our affective states and processes. The concept of affective affordance was coined to accommodate this aspect of ordinary perception and the many ways in which we rely on the material environment to regulate our emo- tions. One natural way to think of affective affordances in emotion regulation is to interpret them as tools for regulating felt affective states. (...) We argue that this way of conceiving of affective affordances is too restrictive. By analyzing the role of expressive properties of objects and spaces in emotion regulation, we show that our environment does not need to elicit felt affective states to regulate our emotions. Thus, we revise the concept of affective affordance to accommodate these cases. This revised concept explains more with less. Hence, it should be preferred in wide-reaching philosophical projects that aim to explain human affectivity as a situated phenomenon. (shrink)

I begin this article with an increasingly accepted claim: that emotions lend differential weight to states of affairs, helping us conceptually carve the world and make rational decisions. I then develop a more controversial assertion: that environments have non-subjective emotional qualities, which organize behavior and help us make sense of the world. I defend this from ecological and related embodied standpoints that take properties to be interrelational outcomes. I also build on conceptions of experience as a cultural phenomenon, one that (...) coheres around shared environmental contours and public emotional concerns, introducing normative constraints (or what might be called “world grammars”). Endorsing this outlook suggests an argument for the view that cultural spaces have affectively charged, non-subjective, normative openings and closures. These openings and closures engender selectively permeable barriers which cordon space without physically preventing entry, as seen with decorative half walls and elevation changes. An area with such barriers may look emotionally hostile to, say, the dispirited homeless who are in fact less welcome there. Outcomes like these might be thought of as “political affordances.” These affordances can be regarded as normative openings and closures that implicitly filter, and hence segregate, according to various social divisions. Although registering political affordances requires more than the detection of ambient arrays, the notion retains core Gibsonian ideas: that affordances are values, that these values are linked with how a space can be used, and that the existence and nature of such affordances is not a subjective matter. (shrink)

Because the status of nature is ambiguous in Being and Time, we explore an ecological perspective on Heidegger’s early main work in this article. Our hypothesis is that the affordance theory of James Gibson enables us to a) to understand being-in-the-world as being-in-nature, b) reconnect man and nature and c) understand the twofold sense of nature in Being and Time. After exploring Heidegger’s concept of being-in-the-world and Gibson’s concept of being-in-nature, we confront Heidegger’s and Gibson’s conception of being-in-the-world and being-in-nature. (...) It will become clear that Gibson’s affordance theory enables an ecological reading of Being and Time, in which the relational character of being-in-the-world is stressed and the exceptional position of human being-in-the-world has to be rejected. Moreover, it becomes clear that an ecological reading of Being and Time enables us to reconnect being-in-the world with being-in-nature, which is rooted in “primordial” nature as its infinite origin. (shrink)

The ontological paradigms of Schelling and the late Merleau-Ponty bear striking resemblances to Spinoza’s ontology. Both were developed in response to transcendental models of a Cartesian mold, resisting tendencies to exalt the human ego to the neglect or the detriment of the more-than-human world. As such, thinkers with environmental concerns have sought to derive favorable ethical prescriptions on their basis. We begin by discerning a deadlock between two such thinkers: Ted Toadvine and Sean McGrath. With ecological responsibility in mind, both (...) actually resist Spinozist reduction of the human being to the status of a mere mode among modes. But despite having the same general aim, they end up endorsing contrary practical conclusions. Our objective is to pinpoint the reasons behind this deadlock, indicative of two strands of post-Spinozist environmental thought which stand in tension, and to begin to propose an integrative way forward. The ethical weight afforded by Toadvine to the notion of resistance in the work of the late Merleau-Ponty, namely nature’s resistance to harmonizing, unifying pretensions, invites inquiry into two Merleau-Pontean notions he does not address: the barbarian principle, and the proposal to “Do a Psychoanalysis of Nature.” We trace these to their origins in the works of Schelling’s middle period, arguing that the Schellingian location of resistance in Spirit’s dark ground—alternately conceived as primordial Dionysiac madness, bottled-up within the substratum of consciousness—lends to an understanding of the human, and human responsibility, that harbors favorable implications for environmental ethics. (shrink)

Can the Stoic conception of what is within our power be adapted to fit our scientifically informed view of nature in general and of human nature in particular? This paper argues that it can, but not without a revision of the Stoic’s classical dichotomy of power principle, namely that some things are up to us, while others are beyond our control. Given the extent to which the Stoic way of life flows from a certain conception of what is real, a (...) revision of the latter is bound to affect the former. The central argument is that for the modern Stoic, follow the facts means that nothing is entirely under our control just as nothing is entirely beyond it. Rather, things are more or less within my power, depending on the range of possibilities that living in accordance with a constantly evolving conception of nature affords. (shrink)

Despite its centrality in the philosophy of cognitive science, there has been little prior philosophical work engaging with the notion of representation in contemporary NLP practice. This paper attempts to fill that lacuna: drawing on ideas from cognitive science, I introduce a framework for evaluating the representational claims made about components of neural NLP models, proposing three criteria with which to evaluate whether a component of a model represents a property and operationalising these criteria using probing classifiers, a popular analysis (...) technique in NLP (and deep learning more broadly). The project of operationalising a philosophically-informed notion of representation should be of interest to both philosophers of science and NLP practitioners. It affords philosophers a novel testing-ground for claims about the nature of representation, and helps NLPers organise the large literature on probing experiments, suggesting novel avenues for empirical research. (shrink)

To naturalize religion, we must identify what religion is, and what aspects of it we are trying to explain. In this paper, religious social institutional behavior is the explanatory target, and an explanatory hypothesis based on shared primate social dominance psychology is given. The argument is that various religious features, including the high status afforded the religious, and the high status afforded to deities, are an expression of this social dominance psychology in a context for which it did not evolve: (...) high-density populations made possible by agriculture. (shrink)

One of the most obvious features that characterises any technology is its in-betweeness—comprising technologies that stand in-between human users and natural affordances (natural objects, processes, or phenomena). This paper analyses technologies on the basis of their first- second- or third-order nature, and discusses how Information Communication Technologies (ICTs) are creating a new externality.

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

Despite F. W. J. Schelling’s relative exclusion from the ongoing German idealist renaissance in Anglophone scholarship, recent critical and historical engagement with idealist texts affords an unprecedented opportunity to discover the richness and value of his thinking. This volume provides a wide-ranging presentation of Schelling’s original contribution to and internal critique of the basic insights of German idealism, his role in shaping the course of post-Kantian thought, and his sensitivity and innovative responses to questions of lasting metaphysical, epistemological, ethical, aesthetic, (...) and theological importance. The contributing authors offer compelling reasons to regard Schelling as one of Kant’s most incisive interpreters, a pioneering philosopher of nature, a resolute philosopher of human finitude and freedom, a nuanced thinker of the bounds of logic and self-consciousness, and perhaps Hegel’s most effective critic. (shrink)

Feminist philosophy has taken too long to engage seriously with aesthetics and has been even slower in confronting natural beauty in particular. There are various possible reasons for this neglect, including the relative youth of feminist aesthetics, the possibility that feminist philosophy is not relevant to nature aesthetics, the claim that natural beauty is not a serious topic, hesitation among feminists to perpetuate women's associations with beauty and nature, and that the neglect may be merely apparent. Discussing each (...) of these possibilities affords a better understanding of, but none justify the neglect of natural beauty in feminist aesthetics. (shrink)

One of the most obvious features that characterises any technology is its in-betweeness—comprising technologies that stand in-between human users and natural affordances (natural objects, processes, or phenomena). This paper analyses technologies on the basis of their first- second- or third-order nature, and discusses how Information Communication Technologies (ICTs) are creating a new externality.

Excellence in sport performance is normally taken to be a matter of superior performance of physical movements or quantitative outcomes of movements. This paper considers whether a wider conception can be afforded by certain kinds of nature based sport. The interplay between technical skill and aesthetic experience in nature based sports is explored, and the extent to which it contributes to a distinction between different sport-based approaches to natural environments. The potential for aesthetic appreciation of environmental engagement is found (...) to be strongly dependent on whether or not environmental engagement is exploited for the end of producing a quantifiable result or enhancing technical skill. It is also argued that an existential rather than spectatorial attitude to aesthetic experience is offered by specifically nature oriented sport. Aesthetic experience achieved in this way is therefore neither passive nor detached, but extends Berleant's concept of participatory environmental aesthetics and underpins both an alternate (wide) conception of excellence in sport activity and a richer experience of aesthetic engagement than more objectivised standpoints. (shrink)

In this chapter, I contend that Nietzsche’s robust critiques of human exceptionalism and the “humanization of nature [Vermenschlichung der Natur]”, as well as his positive, proto-ecocentric vision of the “naturalization of humanity [Vernatürlichung des Menschen]”, afford contemporary environmental philosophy a novel perspective from which to critique anthropocentric conservation ideologies (according to which nature conservation ought to be motivated by the interests and aims of humanity, especially economic development and prosperity). Importantly, I also argue that Thus Spoke Zarathustra is the work (...) in which Nietzsche’s positive vision appears most conspicuously, as suggested by Zarathustra’s relationship to the natural world and exhortations to “remain faithful to the earth.” -/- As Nietzsche’s critique of anthropocentrism reinforces his positive project, I will begin by detailing Nietzsche’s rejection of human exceptionalism (section 1). In addition, I will analyze Nietzsche’s critique of the “humanization of nature” (KSA 10:10[43]; 10:13[20]; 12:1[29]), emphasizing specific pernicious projections of human values onto the other-than-human world. Although these themes appear throughout Nietzsche’s body of work, they are central to Zarathustra. -/- After describing Nietzsche’s critical project, I present his positive, proto-ecocentric vision for humanity’s re-naturalization, one he most emphatically endorses and fleshes out in Zarathustra (section 2). This positive vision can be found in his calls for the human being to become more natural and to cultivate a noble reverence and gratitude for the natural world so that we may learn from it about ourselves—rather than falsifying it for our ends and then insisting that we are part of this other, falsified nature. Only when we can see ourselves as natural beings—specifically, as living beings willing power, embedded in a world with other living beings who do the same—can we identify tasks and pursue aims that empower and strengthen us. In Nietzsche’s view, this recognition results only from an attunement to the other-than-human world. Finally, after adding a few important caveats to proto-ecocentric strains in Nietzsche’s thought, I briefly explain the contributions his thought might make to contemporary environmental philosophy and policy (section 3). (shrink)

Non-state peoples cannot be subjects of Kant’s international law, which accordingly affords them no protection against external interference. They might also lack the dynamic of private law at the basis of the duty of state entrance. Prima facie, this compels Kant to allow that their lands be appropriated and that they be forced out of the state of nature. But this conclusion is at odds with his cosmopolitanism, particularly its anti-imperialistic commitments: non-state peoples are protected against annexation, under Kant’s cosmopolitan (...) law. The paper makes three contributions to the debate on this tension. Firstly, it disambiguates scope, ground, and relata of the duty to exit the state of nature. Secondly, it argues that non-state peoples have an inter-group duty to exit the state of nature; and that this holds for a non-state people regardless of whether it also has an intra-group duty of state entrance, which remains unenforceable by outside parties. Finally, it offers a construal of the former duty as a cosmopolitan duty to interact peacefully even in the absence of a shared culture. (shrink)

The usual way of discussing normativity and naturalism is by running through a standard range of issues: the relations of fact and value, objectivity, reason and emotion, is and ought, and the so-called ‘naturalistic fallacy’. This is a naturalism that is virtually silent on nature. I outline an alternative approach that relates normativity to our nature as living beings, for whom specific things are good or bad for us. Our nature as evaluative beings is shown to be rooted in and (...) emergent from this biological normativity. There is also significant downward causation, such that our brain-bodies are continually modified by our experience and thoughts. Cultures, as emergent from the affordances of our brain-bodies, create further extensive, irreducible sources of normativity, albeit ones which do not wholly escape biological normativity and can impact back on it. (shrink)

Human beings are social animals, not solitary ones. Morality is an instinct we have because it helps us socialize, live together harmoniously. This paper reviews how the evolution of morality and other mental functions associated with our survival and sociality gave rise to cultural behavior among the small groups of humans during the Palaeolithic period when the tribe was personified as a supernatural identity and guardian, a totem, an ancestor and ultimately a god. Loyalty to the tribe required loyalty to (...) the tribal god representing the tribe. Preservation of the tribe meant mistrust of other tribes and their gods. The merging of small groups rendered obsolete the tribal, locally cultural conception of religion, but it persisted as monotheism in the imperial stage of society from about 2000 BC, becoming the world religions. Today’s empires are global, and a belief system modelled on local tribes in competition is naïve divisive. Out-group hatred is more of a threat than any in-group moral benefits, and they too are disappearing with the failure to preserve small group coherence, and justice and fairness in capitalist society. The moral failure of imperial religion on the urban and global scale is the “Death of God”. Humans now cannot afford the moral laziness of constantly appealing to a supernatural totem in an otherwise do-nothing religion. Imperial religion was and still is a tool of the political right, used to manipulate us. Yet Christ offered an ethical scheme that is essentially a practical morality of mutual lovingkindness which does not require a supernatural God. It is Secular Christianity, a world view any scientist and atheist could adopt without compromise, and most Christians should. (shrink)

This dissertation argues that cognition is a kind of natural agency. Natural agency is the capacity that certain systems have to act in accordance with their own norms. Natural agents are systems that bias their repertoires in response to affordances in the pursuit of their goals. Cognition is a special mode of this general phenomenon. Cognitive systems are agents that have the additional capacity to actively take their worlds to be certain ways, regardless of whether the (...) world is really that way. In this way, cognitive systems are desituated. Desituatedness is the root of specifically cognitive capacities for representation and abstraction. There are two main reasons why this view needs defending. First, natural agency is typically viewed as incompatible with natural science because it is committed to a teleological mode of explanation. Second, cognition is typically held to be categorically distinct from natural agency. This dissertation argues against both of these views. It argues against the incompatibility of agency and natural science by demonstrating that systems biology, general systems theory, and sciences that deal with complex systems have typically underappreciated conceptual and theoretical resources for grounding agency in the causal structure of the world. These conceptual resources do not, however, reduce agency to systems theory because the normativity inherent in agency demands descriptive resources beyond those of even the most sophisticated systems theory. It argues against the categorical difference between natural agency and cognition by pointing out that separating cognition from a richer web of situated, ecologically embedded relations between the agent and the world generates the frame problem, which is an insuperable obstacle to making cognition that is sufficiently responsive to the complexity of the world. Rooting cognition in natural agency is a more robust empirical bet for theorizing cognition and artificial intelligence. (shrink)

Augmented reality (AR) technologies function to ‘augment’ normal perception by superimposing virtual objects onto an agent’s visual field. The philosophy of augmented reality is a small but growing subfield within the philosophy of technology. Existing work in this subfield includes research on the phenomenology of augmented experiences, the metaphysics of virtual objects, and different ethical issues associated with AR systems, including (but not limited to) issues of privacy, property rights, ownership, trust, and informed consent. This paper addresses some epistemological issues (...) posed by AR systems. I focus on a near-future version of AR technology called the Real-World Web, which promises to radically transform the nature of our relationship to digital information by mixing the virtual with the physical. I argue that the Real-World Web (RWW) threatens to exacerbate three existing epistemic problems in the digital age: the problem of digital distraction, the problem of digital deception, and the problem of digital divergence. The RWW is poised to present new versions of these problems in the form of what I call the augmented attention economy, augmented skepticism, and the problem of other augmented minds. The paper draws on a range of empirical research on AR and offers a phenomenological analysis of virtual objects as perceptual affordances to help ground and guide the speculative nature of the discussion. It also considers a few policy-based and designed-based proposals to mitigate the epistemic threats posed by AR technology. (shrink)

Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, Leuridan (...) misconstrues this discussion. His weak positive claim that mechanistic sciences appeal to generalizations is true but uninteresting. His stronger claim, that all causal claims require laws, is unsupported by his arguments. Though we proceed by criticizing Leuridan’s arguments, our greater purpose is to embellish his arguments in order to show how thinking about mechanisms enriches and transforms old philosophical debates about laws in biology and provides new insights into how generalizations afford prediction, explanation and control. (shrink)

In this paper I claim that perceptual discriminatory skills rely on a suitable type of environment as an enabling condition for their exercise. This is because of the constitutive connection between environment and perceptual discriminatory skills, inasmuch as such connection is construed from an ecological approach. The exercise of a discriminatory skill yields knowledge of affordances of objects, properties, or events in the surrounding environment. This is practical knowledge in the first-person perspective. An organism learns to perceive an object (...) by becoming sensitized to its affordances. I call this position ecological disjunctivism. A corollary of this position is that a case of perception and its corresponding case of hallucination—which is similar to the former only in some respects—are different in nature. I show then how the distinguishability problem is addressed by ecological disjunctivism. (shrink)

Frederick Douglass, the abolitionist, the civil rights advocate and the great rhetorician, has been the focus of much academic research. Only more recently is Douglass work on aesthetics beginning to receive its due, and even then its philosophical scope is rarely appreciated. Douglass’ aesthetic interest was notably not so much in art itself, but in understanding aesthetic presentation as an epistemological and psychological aspect of the human condition and thereby as a social and political tool. He was fascinated by the (...) power of images, and took particular interest in the emerging technologies of photography. He often returned to the themes of art, pictures and aesthetic perception in his speeches. He saw himself, also after the end of slavery, as first and foremost a human rights advocate, and he suggests that his work and thoughts as a public intellectual always in some way related to this end. In this regard, his interest in the power of photographic images to impact the human soul was a lifelong concern. His reflections accordingly center on the psychological and political potentials of images and the relationship between art, culture, and human dignity. In this chapter we discuss Douglass views and practical use of photography and other forms of imagery, and tease out his view about their transformational potential particularly in respect to combating racist attitudes. We propose that his views and actions suggest that he intuitively if not explicitly anticipated many later philosophical, pragmatist and ecological insights regarding the generative habits of mind and affordance perception : I.e. that we perceive the world through our values and habitual ways of engaging with it and thus that our perception is active and creative, not passive and objective. Our understanding of the world is simultaneously shaped by and shaping our perceptions. Douglass saw that in a racist and bigoted society this means that change through facts and rational arguments will be hard. A distorted lens distorts - and accordingly re-produces and perceives its own distortion. His interest in aesthetics is intimately connected to this conundrum of knowledge and change, perception and action. To some extent precisely due to his understanding of how stereotypical categories and dominant relations work on our minds, he sees a radical transformational potential in certain art and imagery. We see in his work a profound understanding of the value-laden and action-oriented nature of perception and what we today call the perception of affordances (that is, what our environment permits/invites us to do). Douglass is particularly interested in the social environment and the social affordances of how we perceive other humans, and he thinks that photographs can impact on the human intellect in a transformative manner. In terms of the very process of aesthetic perception his views interestingly cohere and supplement a recent theory about the conditions and consequences of being an aesthetic beholder. The main idea being that artworks typically invite an asymmetric engagement where one can behold them without being the object of reciprocal attention. This might allow for a kind of vulnerability and openness that holds transformational potentials not typically available in more strategic and goal-directed modes of perception. As mentioned, Douglass main interest is in social change and specifically in combating racist social structures and negative stereotypes of black people. He is fascinated by the potential of photography in particular as a means of correcting fallacious stereotypes, as it allows a more direct and less distorted image of the individuality and multidimensionality of black people. We end with a discussion of how, given this interpretation of aesthetic perception, we can understand the specific imagery used by Douglass himself. How he tried to use aesthetic modes to subvert and change the racist habitus in the individual and collective mind of his society. We suggest that Frederick Douglass, the human rights activist, had a sophisticated philosophy of aesthetics, mind, epistemology and particularly of the transformative and political power of images. His works in many ways anticipate and sometimes go beyond later scholars in these and other fields such as psychology & critical theory. Overall, we propose that our world could benefit from revisiting Douglass’ art and thought. (shrink)

This article addresses the so-called to human rights. Focusing specifically on the work of Onora O'Neill, the article challenges two important aspects of her version of this objection. First: its narrowness. O'Neill understands the claimability of a right to depend on the identification of its duty-bearers. But there is good reason to think that the claimability of a right depends on more than just that, which makes abstract (and not welfare) rights the most natural target of her objection (section (...) II). After examining whether we might address this reformulated version of O'Neill's objection by appealing to the specificity afforded to human rights in international, regional and domestic law (in section III), the article challenges a second important feature of that objection by raising doubts about whether claimability is a necessary feature of rights at all (section IV). Finally, the article reflects more generally on the role of abstraction in the theory and practice of human rights (section V). In sum, by allaying claimability-based concerns about abstract rights, and by illustrating some of the positive functions of abstraction in rights discourse, the article hopes to show that abstract rights are not only theoretically coherent but also useful and important. (shrink)

In the last few years, a new paradigm of the knowledge of the divinity in Aristotle has emerged, affording the possibility of understanding him as efficient cause. In that case, if God is efficient cause and gives rise to teleology, this must have some existential significance for man. We can ask ourselves therefore whether the knowledge of metaphysics can offer some orientation also for ethics. Yet if this were true, the need would arise to deepen the question of how much (...) the gods love men and what would the nature of their relationship be to natural justice. Given that man is born and lives thanks to the divinity, the conclusion is that two consequences follow: a response of religious thanksgiving is needed but also, that since the will of the divinity desires the good for man, the human search for happiness is the same as the fulfillment of the divine law. All this is explained, to a certain extent, in the context of the friendship between man and the divine. (shrink)

Change is the fundamental idea of evolution. Explaining the extraordinary biological change we see written in the history of genomes and fossil beds is the primary occupation of the evolutionary biologist. Yet it is a surprising fact that for the majority of evolutionary research, we have rarely studied how evolution typically unfolds in nature, in changing ecological environments, over space and time. While ecology played a major role in the eventual acceptance of the population genetic viewpoint of evolution in the (...) synthetic era (circa 1918-1956), it held a lesser role in the development of evolutionary theory until the 1980s, when we began to systematically study the evolutionary dynamics of natural populations in space and time. As a result, early evolutionary theory was initially constructed in an abstract vacuum that was unrepresentative of evolution in nature. The subtle synthesis between ecology with evolutionary biology (eco-evo synthesis) over the past 40 years has progressed our knowledge of natural selection dynamics as they are found in nature, thus revealing how natural selection varies in strength, direction, form, and, more surprisingly, level of biological organization. Natural selection can no longer be reduced to lower levels of biological organization (i.e., individuals, selfish genes) over shorter timescales but should be expanded to include adaptation at higher levels and over longer timescales. Long-term and/or emergent evolutionary phenomena, such as multilevel selection or evolvability, have thus become tenable concepts within an evolutionary biology that embraces ecology and spatiotemporal change. Evolutionary biology is currently suspended at an intermediate stage of scientific progress that calls for the organization of all the recent knowledge revealed by the eco-evo synthesis into a coherent and unified theoretical framework. This is where philosophers of biology can be of particular use, acting as a bridge between the subdisciplines of biology and inventing new theoretical strategies to organize and accommodate the recent knowledge. Philosophers have recommended transitioning away from outdated philosophies that were originally derived from physics within the philosophical zeitgeist of logical positivism (i.e., monism, reductionism, and monocausation) and toward a distinct philosophy of biology that can capture the natural complexity of multifaceted biological systems within diverse ecosystems—one that embraces the emerging philosophies of pluralism, emergence, and multicausality. Therefore, I see recent advances in ecology, evolutionary biology, and the philosophy of biology as laying the groundwork for another major biological synthesis, what I refer to as the Second Synthesis because, in many respects, it is analogous to the aims and outcomes of the first major biological synthesis (but is notably distinct from the inorganic and contrived progressive movement known as the extended evolutionary synthesis). With the general development of a distinctive philosophy of science, biology has rightfully emerged as an autonomous science. Thus, while the first synthesis legitimized biology, the Second Synthesis autonomized biology and afforded biology its own philosophy, allowing biology to finally realize its full scientific potential. (shrink)

According to a standard assumption in epistemology, if one only partially believes that p , then one cannot thereby have knowledge that p. For example, if one only partially believes that that it is raining outside, one cannot know that it is raining outside; and if one only partially believes that it is likely that it will rain outside, one cannot know that it is likely that it will rain outside. Many epistemologists will agree that epistemic agents are capable of (...) partial beliefs in addition to full beliefs and that partial beliefs can be epistemically assessed along some dimensions. However, it has been generally assumed that such doxastic attitudes cannot possibly amount to knowledge. In Probabilistic Knowledge, Moss challenges this standard assumption and provides a formidable defense of the claim that probabilistic beliefs—a class of doxastic attitudes including credences and degrees of beliefs—can amount to knowledge too. Call this the probabilistic knowledge claim . Throughout the book, Moss goes to great lengths to show that probabilistic knowledge can be fruitfully applied to a variety of debates in epistemology and beyond. My goal in this essay is to explore a further application for probabilistic knowledge. I want to look at the role of probabilistic knowledge within a “knowledge-centered” psychology—a kind of psychology that assigns knowledge a central stage in explanations of intentional behavior. My suggestion is that Moss’s notion of probabilistic knowledge considerably helps further both a knowledge-centered psychology and a broadly intellectualist picture of action and know-how that naturally goes along with it. At the same time, though, it raises some interesting issues about the notion of explanation afforded by the resulting psychology. (shrink)

The free-energy principle states that all systems that minimize their free energy resist a tendency to physical disintegration. Originally proposed to account for perception, learning, and action, the free-energy principle has been applied to the evolution, development, morphology, anatomy and function of the brain, and has been called a postulate, an unfalsifiable principle, a natural law, and an imperative. While it might afford a theoretical foundation for understanding the relationship between environment, life, and mind, its epistemic status is unclear. (...) Also unclear is how the free-energy principle relates to prominent theoretical approaches to life science phenomena, such as organicism and mechanism. This paper clarifies both issues, and identifies limits and prospects for the free-energy principle as a first principle in the life sciences. (shrink)

According to the predictive coding theory of cognition , brains are predictive machines that use perception and action to minimize prediction error, i.e. the discrepancy between bottom–up, externally-generated sensory signals and top–down, internally-generated sensory predictions. Many consider PCT to have an explanatory scope that is unparalleled in contemporary cognitive science and see in it a framework that could potentially provide us with a unified account of cognition. It is also commonly assumed that PCT is a representational theory of sorts, in (...) the sense that it postulates that our cognitive contact with the world is mediated by internal representations. However, the exact sense in which PCT is representational remains unclear; neither is it clear that it deserves such status—that is, whether it really invokes structures that are truly and nontrivially representational in nature. In the present article, I argue that the representational pretensions of PCT are completely justified. This is because the theory postulates cognitive structures—namely action-guiding, detachable, structural models that afford representational error detection—that play genuinely representational functions within the cognitive system. (shrink)

Nick Bostrom’s recently patched ‘‘simulation argument’’ (Bostrom in Philos Q 53:243–255, 2003; Bos- trom and Kulczycki in Analysis 71:54–61, 2011) purports to demonstrate the probability that we ‘‘live’’ now in an ‘‘ancestor simulation’’—that is as a simulation of a period prior to that in which a civilization more advanced than our own—‘‘post-human’’—becomes able to simulate such a state of affairs as ours. As such simulations under consid- eration resemble ‘‘brains in vats’’ (BIVs) and may appear open to similar objections, the (...) paper begins by reviewing objections to BIV-type proposals, specifically those due a presumed mad envatter. In counter example, we explore the motivating rationale behind current work in the development of psychologically realistic social simula- tions. Further concerns about rendering human cognition in a computational medium are confronted through review of current dynamic systems models of cognitive agency. In these models, aspects of the human condition are repro- duced that may in other forms be considered incomputable, i.e., political voice, predictive planning, and consciousness. The paper then argues that simulations afford a unique potential to secure a post-human future, and may be nec- essary for a pre-post-human civilization like our own to achieve and to maintain a post-human situation. Long-s- tanding philosophical interest in tools of this nature for Aristotle’s ‘‘statesman’’ and more recently for E.O. Wilson in the 1990s is observed. Self-extinction-level threats from State and individual levels of organization are compared, and a likely dependence on large-scale psychologically realistic simulations to get past self-extinction-level threats is projected. In the end, Bostrom’s basic argument for the conviction that we exist now in a simulation is reaffirmed. (shrink)

Games Studies reveals the performative nature of playing a character in a virtual-game-world (Nitsche 2008, p.205; Pearce 2006, p.1; Taylor 2002, p.48). Tbe Player/Character relationship is typically understood in terms of the player’s in-game “presence” (Boellstorff 2008, p.89; Schroeder 2002, p.6). This gives the appearance that living-into a game-world is an all-or- nothing affair: either the player is “present” in the game-world, or they are not. I argue that, in fact, a constitutive phenomenology reveals the Player/Character relationship to be a (...) multi-dimensional matter of empathy. I advance a broadly Schutzian framework, drawing on his 1932 discussions of “face-to-face encounters” and ”historical predecessors,” showing how at- tention to empathy reveals a variety of “presences” that different kinds of Player/Character relationships afford. The central determinants of empathetic affordances which I focus on here are (i) how much players know about a character (especially the character’s past) and (ii) how players learn this information.The purpose of this discussion will be to show that a phenomenological analysis reveals that the relationship between a player and their character is complex, highly variable, and inherently social. Furthermore, it will add to the growing body of scholarship that demonstrates that video games are rich social objects deserving of study. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, and are often flexibly used (...) not only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans, male homosexuals, and sexually active females. Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. -/- ----- -/- Las expresiones peyorativas tales como spic (‘spic’), slut (‘zorra’), wetback (‘espalda mojada’) y whore (‘puta’) son expresiones lingüísticas que se entienden principalmente para minusvalorar ciertos miembros de un grupo sobre la base de sus atributos descriptivos (como la raza o el sexo). Se ha considerado que las expresiones de este tipo conllevan algunos de los puñetazos más desagradables que el lenguaje natural puede proporcionar. Aunque la literatura especializada sobre expresiones peyorativas ha descubierto varios hechos importantes en cuanto a significado y uso –entre los que se incluyen que tales expresiones son potencialmente ofensivas, apuntan efectivamente hacia unos objetivos pero no hacia otros, y con frecuencia se utilizan con flexibilidad no sólo despectivamente para ofender a miembros por fuera de un grupo, sino que también de forma no despectiva para afiliar con miembros dentro de un mismo grupo–, tal literatura sigue centrada en gran medida en las expresiones peyorativas que típicamente apuntan contra los afroamericanos (nigger ‘negro’), los homosexuales varones (fagot ‘maricón’), y las mujeres sexualmente activas (slut ‘zorra’). En tanto que no se ha propuesto al momento dar cuenta de expresiones peyorativas dirigidas contra hispanos o mexicano-americanos, en este trabajo se ofrece el primer análisis sistemático y empíricamente informado de tales expresiones, tanto en sus usos despectivos y de apropiación. Es importante destacar que en este artículo se revisan más de una docena de estereotipos y expresiones peyorativas en español, además de explicar cómo los atributos descriptivos que participan de un estereotipo asociado con una difamación pueden contribuir a la predicación de determinados contenidos en la aplicación de esa expresión hacia su objetivo en contexto. Asimismo, en este artículo se explica cómo comienzan los efectos psicológicos de la amenaza estereotipada y el realce estereotipado cuando se emplea una expresión peyorativa relevante contra un objetivo en contexto. (shrink)

Walking through the supermarket, I see the avocados. I know they are avocados. Similarly, if you see a pumpkin on my office desk, you can know it’s a pumpkin from its looks. The phenomenology in such cases is that of “just seeing” that such and such. This phenomenology might suggest that the knowledge gained is immediate. This paper argues, to the contrary, that in these target cases, the knowledge is mediate, depending as it does on one’s knowledge of what the (...) relevant kind of thing looks like. To make the case requires examining the nature of knowing what Fs look like. Is such knowledge to be understood as knowledge of a fact, or rather as a kind of ability? From the conclusion that the knowledge in the target cases is not immediate, the paper concludes that perception does not afford us immediate knowledge concerning objects’ kinds. (shrink)

The ontology of marketing, particularly the question of what products and brands are, is still largely unexplored. The ontological status of brands hinges on their relationship with products. Idealists about brands see perceptual or cognitive acts of consumers grouped under the heading ‘brand awareness’ or ‘brand image’ as constitutive for the existence of brands so that, in their view, tools of the marketing mix can influence relevant mental dispositions and attitudes. Brand realists, on the other hand, reject the view of (...) brands as mere marks or names and interpret them as emergent products with properties that afford branding in the sense of Gibson’s ecological psychology. Brand strength is a function of the degree to which brands occupy defensible niches in product space. Branding as a process involves changing external or internal boundaries of products. Several arguments are proposed in favor of brand realism. The fragments of an ontology of marketing are developed in a broadly Aristotelian framework. Brand realism has significant implications for a new understanding of issues ranging from the effects of advertising to financial brand valuation, the nature of trademarks, and marketing strategy in general. It permits one to treat brand equity as a real phenomenon not dependent on associations, attitudinal states such as brand loyalty, or spurious constructs such as brand character or personality. (shrink)

The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the current (...) way that OTAs are incorporated into clinical practice and in the amount of physician discretion that current opioid guidelines support. While the use of OTAs has become mandatory in some states for certain classes of patients, physicians are still afforded great leeway in how these OTAs are implemented in clinical practice and how their terms should be enforced. This paper uses the guidelines provided for OTA implementation by the states of Indiana and Pennsylvania as case studies in order to argue that giving physicians certain kinds of discretion may exacerbate racial health disparities. This problem cannot simply be addressed by minimising physician discretion in general, but rather by providing mechanisms to hold physicians accountable for how they treat patients on long-term opioid therapy to ensure that such treatment is equitable. There are no data in this work. (shrink)

In learning chemistry at the entry level, many learners labor under misconceptions about the subject matter that are so fundamental that they are typically never addressed. A fundamental misconception in chemistry appears to arise from an adding of existing phenomenal concepts to newly-acquired chemical concepts, so that beginning learners think of chemical entities as themselves having the very same ‘macro’ properties that we observe through the senses. Those who teach or practice chemistry never acquire these misconceptions because they were able (...) to naturally pick up the nature of the subject to begin with. But as a result, they remain unaware of the foundational assumptions and understanding that they operate with and that many beginning learners persistently lack. Thus, a systematic picture of the workings of chemical theory as they relate to observable phenomena needs to be elucidated so that the attention of chemical educators is drawn to the fundamental understanding of the subject that they already possess and that beginning learners of chemistry lack, so that beginning learners can be given the opportunity to gain an understanding of how chemical explanations are in general related to observable phenomena. The ‘layered’ way in which chemical and physical entities are related to each other within chemical theory can also be clarified in this way. To afford this picture, the philosophical concepts of supervenience and emergence are explained and applied to chemistry, as philosophers of chemistry have already done. The result provides a model for teaching chemistry that, if consistently applied, has the potential to greatly enhance fundamental understanding of the subject matter. (shrink)

The thesis I should like to advance in this essay is that Plato cannot and, in fact, does not adhere consistently to the doctrine that to know the good is to do the good. First, in order to display the paradoxes in the Platonic ethical system, I shall discuss the concept of the homogeneity of the good which Plato explicitly endorses. Second, by referring to Plato's practice, I shall endeavor to demonstrate that he treats the good as heterogeneous although this (...) treatment is inconsistent with his equation of knowledge with virtue. I shall use the descriptive phrase 'homogeneity of the good' to stand for that conception of the good which identifies the good exclusively with the moral good. I shall use the descriptive phrase 'heterogeneity of the good' to stand for that conception of the good which includes in the definition of good mixed pleasures or the natural good. Our understanding of the good as heterogeneous allows us to clarify many of the paradoxes present in Platonic ethics and affords us a deeper understanding of Plato. (shrink)

Some proponents of the indispensability argument for mathematical realism maintain that the empirical evidence that confirms our best scientific theories and explanations also confirms their pure mathematical components. I show that the falsity of this view follows from three highly plausible theses, two of which concern the nature of mathematical application and the other the nature of empirical confirmation. The first is that the background mathematical theories suitable for use in science are conservative in the sense outlined by Hartry Field. (...) The second is that the empirical relevance of mathematical statements suitable for use in science is mediated by their non-mathematical consequences. The third is that statements receive additional empirical confirmation only by way of generating additional empirical expectations. Since each of these is a thesis we have good reason to endorse, my argument poses a challenge to anyone who argues that science affords empirical grounds for mathematical realism. (shrink)

Grasping the identity of hybrids, that is beings which cross the binarism of nature and technology (e.g. genetically-modified organisms (GMOs), syn-bio inventions, biomimetic projects), is problematic since it is still guided by self-evident dualistic categories, either as artefacts or as natural entities. To move beyond the limitations of such a one-sided understanding of hybrids, we suggest turning towards the categories of affordances and the juxtaposition of needs and patterns of proper use, as inspired by the Heideggerian version of (...) phenomenology. Drawing upon selected concepts by Heidegger, we argue that hybrids can be conceptualised as a regenerative design and use to serve the planet. We argue that the ideal type of non-exploitative account of hybrids consists of the adaptive approach to the environment, which does not, however, exclude the possibility of designing and constructing new beings. We also point out that hybrids undermine the divide of being destructive/regenerative which marks the boundaries of nature and technology. (shrink)

I use the Corcoran–Smiley interpretation of Aristotle's syllogistic as my starting point for an examination of the syllogistic from the vantage point of modern proof theory. I aim to show that fresh logical insights are afforded by a proof-theoretically more systematic account of all four figures. First I regiment the syllogisms in the Gentzen–Prawitz system of natural deduction, using the universal and existential quantifiers of standard first-order logic, and the usual formalizations of Aristotle's sentence-forms. I explain how the syllogistic (...) is a fragment of my system of Core Logic. Then I introduce my main innovation: the use of binary quantifiers, governed by introduction and elimination rules. The syllogisms in all four figures are re-proved in the binary system, and are thereby revealed as all on a par with each other. I conclude with some comments and results about grammatical generativity, ecthesis, perfect validity, skeletal validity and Aristotle's chain principle. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Our reluctance to demystify grief is a sign of the distinctive obligation and discomfort that people feel towards those who have died. These feelings, however, are instructive about the nature of grief. As a vehicle of a living person’s relation to the dead, grief is mysterious—and we are rightly reluctant to take that mystery away. But grief is not to be avoided by philosophy on that account. I defend a less Romantic view of grief, in which a grieving person’s experience (...) of “normal” grief: 1) is felt to require an objectively recognized loss; 2) is felt to be dedicated to that lost object; 3) seems to most people to be something that she ought to feel; and 4) probably ought not to be medicalized, nor consequently medicated. This view of grief affords an understanding and appreciation of this rather special and important emotion without reducing its mystery. (shrink)