The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, (...) and adjusting the constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...) possible before we can know whether it is actual. In order to appreciate this picture, we need to understand Lowe’s slogan: ‘essence precedes existence’ (Lowe 2008: 40). This slogan has both an ontological and an epistemic reading. The ontological reading is related to the now familiar idea that essence grounds modality, as popularised by Kit Fine. The epistemic reading suggests that we can know the essence of some entity before we know whether or not that entity exists. However, this idea is often met with puzzlement and Lowe himself sadly passed away before he had a chance to clarify this framework. I will present the framework as I understand it, develop it on my own terms, and put forward a qualified defence of it. I will also illustrate how the framework can be put to use with a case study concerning the discovery of transuranic elements. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of (...) common law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

The role of acetylcholinesterase (AChE) in neurotransmission is well known. But long before synapses are formed in vertebrates, AChE is expressed in young postmitotic neuroblasts that are about to extend the first long tracts. AChE histochemistry can thus be used to map primary steps of brain differentiation. Preceding an possibly inducing AChE in avian brains, the closely related butyrylcholinesterase (BChE) spatially fore-shadows AChE-positive cell areas and the course of their axons. In particular, before spinal motor axons grow, their corresponding rostral (...) sclerotomes and myotomes express BChE, and both their neuronal source and myotomal target cells express AChE. Since axon growth has been found inhibited by acetylcholine, it is postulated that both cholinetsreases can attract neurite growth cones by neutralizing the inhibitor. Thus, the early expression of both cholinesterases that is at least partially independent from classical cholinergic synaptogenesis, sheds new light on the developmental and medical significance of these enzymes. (shrink)

This brief elucidation of two quotes from the Genealogy will be apt for more accessible interpretation following the completion of my next paper. Stay tuned for some hard-fought philosophy.

In this paper, I explore Emmanuel Levinas’s ethical dialectic on asceticism and its relation to otherness and closeness. In parallel, I argue that Levinas’s stance on asceticism constitutes a vehement criticism of the analytic insistence on onto-theology. In Levinas’s later works, particularly Otherwise than Being or Beyond Essence, he maintains that Christian asceticism (especially in the Orthodox and Protestant traditions) has mistakenly focused on ontotheology, i.e., on an incarnated God who comes to mind. On the one hand, a number of (...) continental thinkers argue that an individual can achieve direct communication with God through a symmetrical, reciprocal relation as a self-contained unit. Kierkegaard, for instance, claims that the subject’s isolation through asceticism is a necessary and sufficient condition to meet God. As each person is responsible directly to God and his responsibility is a matter of his faith, the religious life does not coincide with ethics and sometimes even appears as an absurdity if measured by ethical norms. (shrink)

John Doris and Friedrich Nietzsche have a lot in common. In addition to being provocative and humorous writers in their native idioms, they share a conception of human agency. It can be tiresome to point out the priority claims of an earlier philosopher, so I should say at the outset that I do so not to smugly insist that my guy got there first but to showcase a closely-allied perspective that may shed additional light and offer glimpses around blind corners. (...) In particular, I argue that Nietzsche anticipates both the anti-reflective and the dialogical aspects of Doris’s theory of agency. (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)

The paper seeks to show that the period between the years 756 and 1031, a period officially recognized as the domination of the Umayyad dynasty in the Iberian Peninsula, saw the emergence of the most important movement for the recovery of classical Greek works known, and offered the foundations for the second Renaissance, the Italian. It also shows that translation is a process that can fundamentally alter original works, as they depend on the translator's interpretation, as well as the existence (...) of equivalent words and concepts in the language to be translated. Both problems were identified in the recovery of classical Greek works by the Toledo School of Translators. The result was that Italian Renaissance was, in fact based on what had been made available by the Toledo School of Translators, which confirms the thesis that the first Renaissance was the Islamic one and that the Italian Renaissance was a later movement. (shrink)

If God brings about an event in the universe, does it have a preceding cause? For example, if the universe began with the Big Bang and if God brought it about, did the Big Bang then have a preceding cause? The standard answer is: yes, it was caused by a divine willing. I propose an alternative view: God’s actions, unlike human actions, are not initiated by willings, undertakings, or volitions, but God brings about the intended event directly. Presenting a solution (...) to the dilemma of free will I explain what ‘bringing about directly’ means and show that the question of what an action begins with is distinct from the question whether it is a basic action. (shrink)

Notre étude sur le temps grec précédant la pensée d Aristote commencera d'abord par un commentaire de son premier texte, le Protreptique. Nous verrons se dégager deux temps distincts : l'un initiatique, circulaire et d'inspiration platonicienne, et l'autre diamétralement opposé dont Aristote serait le défenseur. Afin d'interroger cette dichotomie, nous retournerons aux conceptions poétiques. Les Tragiques nous permettront d'offrir une première esquisse de cette notion dans l'univers grec (Du destin...). Ensuite, l'oeuvre épique d'Homère sera l'occasion de mieux saisir le nouage (...) existant entre le temps et la sphère religieuse (Des héros...). Le travail du grand théologue Hésiode viendra confirmer cette vision initiatique, comme l'avait déjà remarquablement exposée F. Nietzsche (Des mythes...). C'est alors que nous plongerons au sein du pythagorisme afin de parachever cette vision (Des mystères...). Notre compréhension de ce courant, traversé par la théogonie iranienne, nous permettra, ensuite, de bien le distinguer de celui dit «ionien» et ainsi de s'éloigner de la parole platonicienne (De l'idéologie...). Enfin, en revenant aux premiers penseurs ioniens que furent Thalès et Anaximandre, nous analyserons si c'est effectivement cette vision du monde qui a été retenue par le Stagirite afin de fonder la première modélisation du concept de temps (De la science...). -/- Dans le deuxième volume, nous verrons revenir la pensée des théologoï au sein même du corpus aristotélicien et c'est alors que nous interrogerons notre division entre être et existence du temps. -/- Régis LAURENT est philosophe, membre de l'association Kairos kai logos (Centre d'études sur la pensée antique).Ce livre est le premier volet de son travail de thèse de doctorat en philosophie effectué au sein de trois Universités françaises (Grenoble, Clermont-Ferrand et Rennes).Outre cette formation philosophique,l'auteur est également diplômé en sciences humaines (Maîtrise des sciences du langage et maîtrise de psychologie). Par ailleurs, sa formation en théologie a été effectuée à l'Université thomiste de Paris (U.L.S.H = CEPHI) et au C.E.J de l'E.H.E.S.S. (shrink)

Heidegger’s notion of ‘handiness’ combines two meanings, which in my view should be separated. They both refer to ways of characterizing tools in a given culture. Every culture uses tools, and they are all used so they are ‘handy’. The question is: Handy with regard to what? Two answers come to mind. The first one suggests that handiness is typical of the aims achieved in a given culture, which are linked with that culture’s system of values. Having been fulfilled, the (...) aims seem to disappear, but new ones emerge and the cultural values are all the time appreciated. The aims and values constitute a part of the vision of the world accepted by the members of a given cultural community. In such a context, we can understand the handiness of tools as their optimum quality in facilitating the achievement of the aims which maintain the current cultural values, and so the existence of a given culture. The second answer links handiness with fulfilling the requirements of the human body. When considering the body in terms of its biological categories (as an organism) we can bear in mind its universal characteristics such as limbs, height, differences in body measurements, etc. In such a context, Martin Heidegger’s handiness can be understood pragmatically, as the features of a tool when adjusting it to the human body. In this paper, I propose a thesis that contemporary design loses handiness of the first type, while concentrating on making tools more and more comfortable for the human body. The cultural aims and values traditionally recognized in a given culture lose their priority, or seem to be ignored. At the same time, every tool user is given a chance to develop handiness of the first type. Whether we use this opportunity or not is another problem. (shrink)

This study of Greek time before Aristotle’s philosophy starts with a commentary on his first text, the Protrepticus. We shall see two distinct forms of time emerge: one initiatory, circular and Platonic in inspiration, the other its diametrical opposite, advanced by Aristotle. We shall explore this dichotomy through a return to poetic conceptions. The Tragedians will give us an initial outline of the notion of time in the Greek world (Fate); we shall then turn to Homer in order to better (...) grasp the complex relations between time and the religious sphere (the Hero); the work of the great theologian Hesiod will confirm this initiatory vision, later set out in remarkable fashion by Nietzsche (Myths); we shall then dive deep into Pythagoreanism to complete our account (Mysteries). Having understood this current of thought, powerfully influenced by the Iranian theogony, we shall be able to discern its clear differences from the so-called “Ionian” current, and thus to move away from Plato (Ideology). Lastly, we shall return to the early Ionian thinkers Thales and Anaximander to analyse whether this really was the vision of the world that Aristotle adopted in developing the first model of time (Science). In the second volume we shall see the return of the thought of the theologoi within the Aristotelian corpus itself, and will question our distinction between the being and existence of time. Régis Laurent is a philosopher and member of the association Kairos Kai logos (Centre for the study of ancient philosophy). This book is the first part of his doctoral thesis in philosophy, undertaken under the aegis of three French universities (Grenoble, Clermont-Ferrand and Rennes). In addition to his philosophical training, the author is also qualified to Masters level in linguistics and in general psychology, and studied theology at the Thomist University in Paris (ULSH) and at the CEJ of the EHESS. (shrink)

Cloud computing (ClC) has become a more popular computer paradigm in the preceding few years. Quality of Service (QoS) is becoming a crucial issue in service alteration because of the rapid growth in the number of cloud services. When evaluating cloud service functioning using several performance measures, the issue becomes more complex and non-trivial. It is therefore quite difficult and crucial for consumers to choose the best cloud service. The user's choices are provided in a quantifiable manner in the current (...) methods for choosing cloud services. Hence, this study attempts to achieve this objective through construction. decision-making framework so-called cloud services evaluator (CSsEv). The main indicator and its sub-indicators are formed as nodes at levels(n) in tree soft sets (TSSs). Thereafter Single Value Neutrosophic Sets (SVNSs) as branch of neutrosophic sets which conjunction with the Multi-Criteria Decision Making (MCDM) technique to facilitate analysis and evaluation process for the available Cloud services providers. Hence, entropy is employed to obtain indicators and sub_indicators weights and Complex Proportional Assessment utilizes these weights to facilitate the decision process of selecting optimal ClSPs. (shrink)

Spontaneous actions are preceded by brain signals that may sometimes be detected hundreds of milliseconds in advance of a subject's conscious intention to act. These signals have been claimed to reflect prior unconscious decisions, raising doubts about the causal role of conscious will. Murakami et al. (2014. Nat Neurosci 17: 1574–1582) have recently argued for a different interpretation. During a task in which rats spontaneously decided when to abort waiting, the authors recorded neurons in the secondary motor cortex. The neural (...) activity and relationship to action timing was parsimoniously explained using an integration-to-bound model, similar to those widely used to account for evidence-based decisions. In this model, the brain accumulates spontaneously occurring inputs voting for or against an action, but only commits to act once a certain threshold is crossed. The model explains how spontaneous decisions can be forecast (partially predicted) by neurons that reflect either the input or output of the integrator. It therefore presents an explicit hypothesis capable of rejecting the claim that such predictive signals imply unconscious decisions. We suggest that these results can inform the current debate on free will but must be considered with caution. (shrink)

Following the precedent set by Dorthe Berntsen’s 2009 book, Involuntary Autobiographical Memory, this paper asks whether the mechanisms responsible for involuntarily recollected memories are distinct from those that are responsible for voluntarily recollected ones. Berntsen conjectures that these mechanisms are largely the same. Recent work has been thought to show that this is mistaken, but the argument from the recent results to the rejection of Berntsen’s position is problematic, partly because it depends on a philosophically contentious view of voluntariness. (...) Berntsen herself shares this contentious view, but the defenders of her position can easily give it up. This paper explains how and why they should. (shrink)

This chapter explores some of the major developments in the philosophical understanding of suicide in 19th Century Western thought. Two developments in particular are considered. The first is a widespread shift towards thinking about suicide in medical terms rather than moral terms. Deploying methods initiated by a number of French and German thinkers in the preceding century who worked at the then emerging interface between the social and biological sciences, a number of 19th century thinkers ejected what they took to (...) be old metaphysical superstitions about ‘good’ and ‘evil’, and replaced them with (allegedly) hard-nosed scientific diagnoses of ‘health’ and ‘sickness’. Dismissing traditional moral arguments against the permissibility of suicide, the phenomenon came to be viewed as a symptom of decline or degeneration. How variations of this view, in biological and social contexts, reorientated practical responses to suicide in terms of treatment rather than moral condemnation is explored. The second 19th century development in philosophical thought with respect to suicide the chapter considers concerns its place in one of the most significant controversies in Germany from 1860 to the turn of the century: the Pessimismusstreit or ‘pessimism dispute’. While philosophical pessimism might be thought to vindicate or even entail suicide, many of the most prominent pessimists—including Arthur Schopenhauer and Eduard von Hartmann—denied that this was the case, and perhaps surprisingly took suicide to involve a special kind of moral and/or epistemic failing. The chapter aims to elucidate the different arguments which pessimists appealed to in order to ground this position. (shrink)

One of the interpretive devices that Ch'eng-kuan (澄 觀) is famous for having employed to distill the essence of the vast Mahāvaipulya Buddhāvataṃsaka Sūtra (Tafang-kuang fo-hua-yen ching 《大方廣佛華嚴經》 was a series of variations on the contemplative theme (kuan-men 觀門) of the complete interfusion (yüan-jung 圓融) of the scripture's three chief protagonists (san-sheng 三聖) ── the Buddha Vairocana (Pi-lu-che-na 毘盧遮那) and the bodhisattvas Mañjuśrī (Wen-shu-shih-li 文殊師利) and Samantabhadra (P'u-hsien 普賢). By aligning these three powerful sacred persons with a number of philosophical (...) categories that he believed to be central to the sūtra ── categories like "cause" (yin 因 ), "fruition" (kuo 果 ), "faith" (hsin 信 ), "understanding" (chieh 解), "insight" (chih 智), "practice" (hsing 行), "principle" (li 理), etc. ── he provided a focal point at which the rich and vivid meditative and liturgical lives of Hua-yen devotees could be made to converge with their philosophical reflections. -/- Although Ch'eng-kuan invoked this device in several of his writings, his most concerted development of it is a short essay entitled San-sheng yüan-jung kuan-men, which appears to have been written relatively late in his long career. Like many important Hua-yen texts, this essay seems to have been lost in China not long after its author's death. However, it was preserved in Korea and Japan and from the latter country was reintroduced to China in the last years of nineteenth century. Neither in China nor in the West has it yet been adequately studied. -/- The core of the present article is a critical edition of the Chinese text of the essay based on a careful comparison of all available versions and presented together with a copiously annotated English translation. The edition translation are preceded by a brief interpretive introduction and followed by an appendix in which are given: a detailed discussion of the work's textual history, detailed accounts of its various editions, and descriptions of its several surviving paraphrases and commentaries. (shrink)

In its classical form, epiphenomenalism is the view that conscious mental events have no physical effects: while physical events cause mental events, the opposite is never true. Unlike classical epiphenomenalism, contemporary forms do not hold that conscious men­ tal states always lack causal efficacy, only that they are epiphenomenal relative to certain kinds of action, ones we pre-theoretically would have thought consciousness to causally contribute to. Two of these contemporary, empirically based challenges to the efficacy of the mental are the (...) focus of this chapter. The first, originating in research by Libet, has been interpreted as showing that the neural events initiating voluntary actions precede our conscious willing of them, meaning the conscious will cannot be what causes them. The second challenge, originating in studies by Milner and Goodale, consist of instances in which the content of visual consciousness and motor action dissociate, casting doubt on the intuitive view that visual consciousness guides visually based motor action. (shrink)

In this paper, I compare the Megarian thesis of Metaphysics IX 3 with other sources on the Megarians in order to clarify two questions: that of the unity and nature of the so-called Megarian school and that of Aristotle’s broader argument in IX 3. I first review the disputed issue of the status of the Megarian school and then examine two hypotheses regarding the identity behind Aristotle’s allusion in IX 3. Third, I explore the connection between Megarianism and Plato’s Euthydemus, (...) a task that helps us to contextualize Aristotle’s anti-Megarian polemic. Lastly, I build on the preceding argument in a re-examination of the Eleatic hypothesis with regard both to the Megarians as a whole and to the thesis that Aristotle transmits. (shrink)

Numerous evolutionary linguists have indicated that human pointing behaviour might be associated with the evolution of language. At an ontogenetic level, and in normal individuals, pointing develops spontaneously and the onset of human pointing precedes as well as facilitates phases in speech and language development. Phylogenetically, pointing behaviour might have preceded and facilitated the evolutionary origin of both gestural and vocal language. Contrary to wild non-human primates, captive and human-reared nonhuman primates also demonstrate pointing behaviour. In this article, we analyse (...) the debates on pointing and its role it might have played in language evolution from a meta-level. From within an Applied Evolutionary Epistemological approach, we examine how exactly we can determine whether pointing has been a unit, a level or a mechanism in language evolution. (shrink)

This paper examines the debate on AI legal personhood, emphasizing the role of path dependencies in shaping current trajectories and prospects. Three primary path dependencies emerge: prevailing legal theories on personhood (singularist vs. clustered), the actual participation of AI in socio-digital institutions (instrumental vs. non-instrumental), and the impact of technological advancements. We argue that these factors dynamically interact, with technological optimism fostering broader attribution of the legal entitlements to AI entities and periods of scepticism narrowing such entitlements. Additional influences include (...) regulatory cross-linkages (e.g., data privacy, liability, cybersecurity) and historical legal precedents. Current regulatory frameworks, particularly in the EU, generally resist extending legal personhood to AI systems. Case law suggests that without explicit legislation, courts are unlikely to grant AI legal personhood on their own, although some authors suggest that the courts can do so. For this to happen, AI systems would first need to prove de facto legitimacy through sustained participation within socio-digital institutions. The chapter concludes by assessing near- and long-term prospects for legal personification, from generative AI and AI agents in the next 5–20 years to transformative possibilities such as AI integration with human cognition via Brain-Machine Interfaces in a more distant future. (shrink)

Following C. S. Peirce’s claim that aesthetics precedes ethics and logic, I argue for reconceiving aesthetics as a normative science. The deteriorated relations between these links in the ‘modern mythology’ is associated with art’s decline and apparent indistinguishability from the ‘general aesthetic’ (aided by ‘aesthetics as theory’). ‘Naturalizing’ art, according to F. W. Schelling’s system, is proposed to ameliorate this. Bringing together Peircian semiotics with Schelling’s ‘process metaphysics’ suggests how to restore the historicized split between Art ‘as principle’ and the (...) Person (two ‘perfect signs’) by attending to the ‘ethical phenomenology’ of artworks. An argument is then made for how modern ethics and ‘morals’ may be reconnected. (shrink)

Is there grounding in ancient philosophy? To ask a related but different question: is grounding a useful tool for the scholar of ancient philosophy? These questions are difficult, and my goal in this paper is not so much to give definitive answers as to clarify the questions. I hope to direct the student of contemporary metaphysics towards passages where it may be fruitful to look for historical precedent. But I also hope to offer the student of ancient philosophy some (...) guidance on when drawing on the contemporary discussion of grounding may be beneficial. (shrink)

In a recent series of papers, Jane Friedman argues that suspended judgment is a sui generis first-order attitude, with a question as its content. In this paper, I offer a critique of Friedman’s project. I begin by responding to her arguments against reductive higher-order propositional accounts of suspended judgment, and thus undercut the negative case for her own view. Further, I raise worries about the details of her positive account, and in particular about her claim that one suspends judgment about (...) some matter if and only if one inquires into this matter. Subsequently, I use conclusions drawn from the preceding discussion to offer a tentative account: S suspends judgment about p iff S believes that she neither believes nor disbelieves that p, S neither believes nor disbelieves that p, and S intends to judge that p or not-p. (shrink)

I offer a novel reading in this dissertation of René Descartes’s (1596–1650) skepticism in his work Meditations on First Philosophy (1641–1642). I specifically aim to answer the following problem: How is Descartes’s skepticism to be read in accordance with the rest of his philosophy? This problem can be divided into two more general questions in Descartes scholarship: How is skepticism utilized in the Meditations, and what are its intentions and relation to the preceding philosophical tradition? -/- I approach the topic (...) from both a historical and a text-based analysis, combining textual and contextual research. I examine Descartes’s skepticism against two main traditions in the historical analysis: philosophical skepticism and Aristotelian Scholasticism. I argue that skepticism in the Meditations is intended to oppose and upheave both Scholasticism and skepticism. The intended results of the work are not merely epistemological but also metaphysical and even ethical. Furthermore, these ambitions cannot be neatly distinguished but merge into each other. -/- The third historical context against which the skeptical meditations are examined is the literary genre of meditative exercises, particularly from the 1500–1600’s, which, while religiously and spiritually oriented, likewise provided the practitioner with an enlightened understanding of self-knowledge and their cognitive place in the world on the way to closer spiritual proximity to God. I argue by this reading that the skepticism of the Meditations is an attentive, meditational cognitive exercise that is not merely instrumental and methodological but is to have a genuine and serious (psychologically real) effect on our thinking. The skeptical meditation is not simply a theoretical thought experiment but is to be seriously practiced as a transformative process of reorienting one’s cognitive framework to discover truth, certainty, and a way to a happy, tranquil, and virtuous life. -/- I offer a close reading in the textual analysis of the first three meditations of the Meditations. I argue that the meditative skepticism employed in the work does not reject the previous beliefs but suspends judgment on them, withdrawing assent until further evidence can be found. I introduce a new term into Descartes scholarship in this analysis, based on the terminology of ancient skepticism: Cartesian epochē (gr. epochē, suspension, withdrawal). Instead of rejecting previous beliefs or assenting to the probably false, the skeptical procedure of the Meditations is argued to emulate in important ways the suspension of judgment on equally balanced reasons in ancient Pyrrhonian skepticism. Novel interpretations are presented along the way of the will’s freedom, of the First Meditation’s skeptical scenarios, of the cogito, and of the vindication of metaphysical certainty, as well as a clarification of the Cartesian Circle problem. -/- Reinterpreting the relation of Descartes’s skepticism to the preceding historical and literary traditions leads to a new look at the skeptical method itself. Presenting a new interpretation of skepticism in the Meditations leads at the same time to a new look at its relation to the historical context. The two research questions are, then, intrinsically tied together. -/- My focus in the study is on the Meditations, but I also reference and discuss Descartes’s other philosophical works, as well as his correspondence, when necessary. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

The concept of the "quantum cluster" introduces a transformative framework that reimagines the fundamental structure of reality by uniting quantum physics, ontology, and epistemology. This concept describes the quantum cluster as a dynamic form of potentiality, where particles oscillate between wave and particle modalities, existing in a superposed state symbolized as "0&1." Unlike traditional static interpretations of atomic nuclei, the quantum cluster is a harmonious structure of energetic potential, maintained by proton-neutron polarization and characterized by its adaptability and coherence. It (...) reflects a state where potentiality precedes manifestation, offering profound ontological and epistemological insights into the nature of existence. Moreover, the model posits that consciousness is immanent to the quantum field and extends to the quantum cluster, with particles engaging in noetic-noematic activities that mirror universal intelligibility. By integrating wave-particle duality, energetic coherence, and the universality of consciousness, the quantum cluster serves as a cornerstone in understanding the interconnected and dynamic nature of the universe within the framework of a quantum-idealist reality. (shrink)

Abstract: In this article I intend to highlight how the relationship between the psychic ego (seelischen Ich) and the spiritual ego (geistige Ich) is fundamental to the understanding of intersubjectivity and the lifeworld (Lebenswelt). In Ideas II, Husserl explains how, from the ego, natural, psychic and spiritual objectivities are constituted. These three strata of objectivity are known, first, in the theoretical attitude and, second, in the spiritual attitude. In this process, the ego becomes explicit. In the theoretical attitude, the constitution (...) of nature takes place, for which the body (Körper/Leib) is fundamental. This is followed by the constitution of objects of psychic nature, human or animal (tierisch), including self-perception. In assuming the spiritual attitude, the other is perceived (Urpräsenz) initially as a body together with things, and alongside this perception there is an apprehension (Appräsenz) of co-given horizons. There is an identity between the body of others and mine; it is the moment of empathy (Einfühlung). The scientific world constituted in the theoretical attitude is a reduction of the surrounding world (Umwelt) – the lifeworld (Lebenswelt). This lifeworld is the world of spiritual attitude and precedes any comprehension or explanation of the world. It is therefore through the spiritual attitude that a community of spiritual subjects is constituted and constitutes the lifeworld. Keywords: Husserl, Psyche, Spirit, Intersubjectivity, Lifeworld. (shrink)

[Author note: There is a video explainer of this paper on youtube at the new work in philosophy channel (search for surname+deepfakes).] -/- It is widely thought that deepfake videos are a significant and unprecedented threat to our epistemic practices. In some writing about deepfakes, manipulated videos appear as the harbingers of an unprecedented _epistemic apocalypse_. In this paper I want to take a critical look at some of the more catastrophic predictions about deepfake videos. I will argue for three (...) claims: (1) that once we recognise the role of social norms in the epistemology of recordings, deepfakes are much less concerning, (2) that the history of photographic manipulation reveals some important precedents, correcting claims about the novelty of deepfakes, and (3) that proposed solutions to deepfakes have been overly focused on technological interventions. My overall goal is not so much to argue that deepfakes are not a problem, but to argue that behind concerns around deepfakes lie a more general class of social problems about the organisation of our epistemic practices. (shrink)

Halakha consists of a variety of laws that determine the halakhic status of various actions. Halakhic laws, by their very nature, have a general aspect in that they apply to all similar actions under similar conditions. In this paper, I examine, from a philosophical-analytical point of view, the relationship between the general aspect of the halakhic laws and the fact that these laws apply to particular actions. After the introduction, this paper is divided into three parts. First, I distinguish between (...) two competing theses regarding the "metaphysical order" between the general aspect of halakhic law and its individual cases. The first one, I call 'Halakhic Generalism', according to which the general aspect of Halakhic law has essential precedence. The second one I refer to as 'Halakhic Particularism', according to which the general aspect of the halakhic law is nothing more than a generalization of all its individual cases. In the second part of the paper, I argue that the particularist position has the power to justify a unique and puzzling halakhic principle. According to this principle, in cases of normative over-determination where the same action is forbidden due to two different halakhic laws, then "a prohibition does not apply to a prohibition". Finally, I compare the reasoning I offer for this principle to alternative justifications of said principle. I argue that, compared to the alternatives, the particularist position provides the best explanation for the principle. (shrink)

This paper argues that Karoline von Günderrode’s unique account of the socially constructed self provides a model for satisfying relationships and a stable self on the basis of a fragmented and untransparent subjectivity. Günderrode views experience as a discontinuous series of moments out of which a self can be constructed in two ways, both involving interactions with others. One of these is narrative; the other is a form of immediate experience, including experiencing together with others, that precedes narrative accounts of (...) identity. For Günderrode, the most important ways of interacting with others involve sharing thoughts, feelings and experiences without attempting to integrate these into a more holistic image of, or story about, the person with whom one is interacting. The result is a model for relationships between transitory, opaque selves that creates a basis for social interaction and the construction of identity that can survive and flourish without a stable self that is completely known to itself and others. -/- This journal is open access and includes so many wonderful articles. -/- This article has been translated into Spanish by Eduardo Blanco as “Narrativa y fragmento. El Yo social en Karoline von Gunderrode.” Granos de Polen 19 (Dec 2024). (shrink)

A prominent version of emotional cognitivism is the view that emotions are preceded by awareness of value. In a recent paper, Jonathan Mitchell (2019) has attacked this view (which he calls the content-priority view). According to him, extant suggestions for the relevant type of pre-emotional evaluative awareness are all problematic. Unless these problems can be overcome, he argues, the view does not represent a plausible competitor to rivaling cognitivist views. As Mitchell supposes, the view is not mandatory since its core (...) motivations can be accommodated by competing views, too. I argue that Mitchell's case against the content-priority view is unconvincing as it misconceives the principal motivation for the view. As I show, properly reconstructed, this motivation provides a strong case for the indispensability of the view to any adequate cognitivist treatment of emotion. Moreover, Mitchell's survey of candidates for pre-emotional value awareness can be seen to rest on problematic phenomenological assumptions. (shrink)

One of the most striking features of causation is that causes typically precede their effects – the causal arrow is strongly aligned with the temporal arrow. Why should this be so? We offer an opinionated guide to this problem, and to the solutions currently on offer. We conclude that the most promising strategy is to begin with the de facto asymmetry of human deliberation, characterised in epistemic terms, and to build out from there. More than any rival, this subjectivist approach (...) promises to demystify the asymmetry, temporal orientation, and deliberative relevance of causal judgements. (shrink)

This chapter applies ‘The Decline and Fall of the Spectacle-Commodity Economy’ – the Situationist account of the Watts Rebellion (Los Angeles, 1965) – to the August riots (England, 2011) and the global Occupy movement. It draws two conclusions: that both May ’68 and Occupy were formed by the political violence that preceded them; and that, although the Situationist essay makes problematic claims about race, its assessment of the Spectacle-Commodity Economy remains valuable: in fact, if combined with intersectional theory, it can (...) provide a useful counterbalance to identity politics that can prevent what Alain Badiou calls an ‘immediate riot’ from becoming a ‘historical riot’ by fragmenting mass social movements and undermining unity. (shrink)

It is widely held that whether a person is morally responsible for an outcome partly depends on whether certain causal relations obtain between that person and the outcome. This paper argues that, regardless of whether the preceding claim about moral responsibility is true, moral blameworthiness is independent of such causal considerations. This conclusion is motivated by considering cases from Carolina Sartorio and Sara Bernstein. The causal structures of these cases are complex. Sartorio and Bernstein believe that reaching conclusions about moral (...) responsibility and blameworthiness requires wading through this complexity. But it is argued here that getting clear on these causal structures does not help us assess blameworthiness (regardless of the relevance of such considerations for drawing conclusions about moral responsibility). Moral blameworthiness simply does not turn on the considerations relevant to figuring out whether an agent causally contributed to an outcome. (shrink)

This paper advances the ontological argument for embryonic moral status by extending Emine Göçer’s theistic substance ontology into a systematic metaphysical framework. Through traditional syllogistic logic [(∀x)(C(x) ← G) ∧ (Ess(G) = Ex(G)) ∧ (∀x)(C(x) → Ex(x)) ∧ (∀x)(Ex(x) → G(x)) ∧ Ex(e) → G(e)] and Metaphysical Recursive Ontological Logic, we prove the embryo possesses inherent moral worth through its participation in being itself—anchored in the First Cause, whose essence is existence. Being participates in goodness by metaphysical necessity, establishing that (...) embryonic moral status precedes developmental thresholds or social recognition. We demonstrate how secular bioethics, care theory, and postmodern ethics fail by denying ontological primacy, while our approach addresses biological complexities like twinning and development. This paper proves a foundational truth: to exist is to participate in Good. The embryo, by existing, compels moral recognition—not as a projection of value, but as a being that precedes all valuation. Only when ethics flows from ontology can we establish a coherent and intelligible moral foundation. To deny this is not humility—it is a metaphysical refusal to follow reason to its necessary conclusion. (shrink)

Inculturation is a Roman Catholic concept. In this article it is advocated that Hindus accept some of the key concepts of Vatican II which was such a revolutionary step within the Roman Church in the last century. For instance, the article mentions the works of Fr. Adrian van Kaam within psychology. The value of this article can be seen by the fact that it has been republished by Indian Catholic Matters and also by ESamskriti. The latter shows the acceptance of (...) the author's position by devout Hindus. The article is preceded by a letter to the editor by the same author on the R.G. Kar rape and murder case. Indian Catholic Matters adds the letter after the article. ESamskriti does not refer to the letter. This document is, strictly speaking, non-philosophical in nature and is being put up here for the interested scholar and for archival purposes. Go to page 4 of The Herald for the letter and the article. (shrink)

In this article, I address a controversial aspect of Rawls’s treatment of the question of justice between generations: how the parties in the original position could be motivated to select Rawls’s preferred principle of intergenerational savings, which he dubs the just savings principle. I focus on the explanation found in his later work, where he proposes that the correct savings principle is the principle that any generation would have wanted preceding generations to have followed. By expanding upon this explanation, I (...) respond to the objection that this explanation disregards the perspective of the first generation. I demonstrate that this objection ceases to be a concern when a proper account of the parties’ reasoning is developed. What is notable about the explanation I defend is that it relies on the parties adopting maximax – not maximin – as a rule for rational decision making. Having established this intermediary conclusion, I depart with Rawls and consider what savings principle the parties would choose if given more options. Ultimately, I argue that the parties would select a principle that Rawls would have undoubtedly rejected if presented to him at face value. This is because the principle of savings I argue would be selected requires continual economic growth over generations to increase upwards indefinitely – a conclusion Rawls is explicitly trying to avoid in his theory of justice. (shrink)

In this article, I will explore how the underlying research values of ‘openness’ and ‘mutual responsiveness’, which are central to open science practices, can be integrated into a new ethos of science. Firstly, I will revisit Robert Merton's early contribution to this issue, examining whether the ethos of science should be understood as a set of norms for scientists to practice ‘good’ science or as a set of research values as a functional requirement of the scientific system to produce knowledge, (...) irrespective of individual adherence to these norms. Secondly, I will analyse the recent codification of scientific practice in terms of ‘scientific integrity’, a framework that Merton did not pursue. Based on this analysis, and illustrated on the case of COVID-19 as a case in which the institution of science was challenged to deliver urgently on societal desirable outcomes, I will argue that promoting open science and its core norms of collaboration and openness requires broader governance of the institution of science in its relationship with society at large, rather than relying solely on self-governance within the scientific community through a new ethos of science. This conclusion has implications for re-evaluating research assessments, suggesting that the evaluation of the scientific system should take precedence over evaluating individual researchers, and that incentives should be provided to encourage specific research behaviour rather than solely focusing on individual research outputs. This article is followed up by Commentaries of Carl Mitcham, Alfred Nordmann, Sabina Leonelli, Lukas Fuchs, Monica Edwards-Schachter. (shrink)

Recent work in cognitive modelling has found that most of the data that has been cited as evidence for the dual-process theory (DPT) of reasoning is best explained by non-linear, “monotonic” one-process models (Stephens et al., 2018, 2019). In this paper, I consider an important caveat of this research: it uses models that are committed to unrealistic assumptions about how effectively task conditions can isolate Type-1 and Type-2 reasoning. To avoid this caveat, I develop a coordinated theoretical, experimental, and modelling (...) strategy to better test DPT. First, I propose that Type-1 and Type-2 reasoning are defined as reasoning that precedes and follows metacognitive control, respectively. Second, I argue that reasoning that precedes and follows metacognitive control can be effectively isolated using debiasing paradigms that manipulate metacognitive heuristics (e.g., processing fluency) to prevent or trigger metacognitive control, respectively. Third, I argue that monotonic modelling can allow us to decisively test DPT only when we use them to analyse data from this particular kind of debiasing paradigm. (shrink)

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

In the present paper we discuss: a) how Hilbert’s unification program failed completely, and b) we outline a new electron model based on Helmholtz’s electron vortex and Kolmogorov theory of turbulence. Novelty aspect: we discuss among other things, electron capture event, and von Karman vortex street. We also discuss a new model of origination of charge and matter. This paper is a sequel to a preceding paper on similar theme.

In 2012, the Geological Time Scale, which sets the temporal framework for studying the timing and tempo of all major geological, biological, and climatic events in Earth’s history, had one-quarter of its boundaries moved in a widespread revision of radiometric dates. The philosophy of metrology helps us understand this episode, and it, in turn, elucidates the notions of calibration, coherence, and consilience. I argue that coherence testing is a distinct activity preceding calibration and consilience, and I highlight the value of (...) discordant evidence and trade-offs scientists face in calibration. The iterative nature of calibration, moreover, raises the problem of legacy data. (shrink)

Dans un article précédent, The Philosophy of blockchain technology - Ontologies, j'ai parlé de l'application de la théorie narrative de Paul Ricœur dans le développement d'une ontologie de la technologie blockchain. Dans cette section, j'ai l'intention de mettre en évidence l'idée d'une analogie entre la technologie blockchain et les théories causales de la référence. Dans la mesure où la poursuite de l'élaboration de cette idée se révélera viable, je vais essayer de développer une théorie basée sur cette analogie. DOI: 10.13140/RG.2.2.24843.21282 (...) . (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

In retrospect of Hague convention on international sale of goods, the efforts had been poured in the initiative of UNCITRAL since 1968 triggering more welcome international treaty on the area of law. The efforts came to reality where the committee in action, comprised of 14 countries, concluded a final draft in 1978. In 1980, it was adopted as United Nations Convention on Contracts for the International Sale of Goods(CISG). While the treaty is deemed a marvellous success within the purview of (...) uniform private laws, it is also true that there arises a severe criticism. One of criticism points to imprecise and ambiguous terms CISG employs that harms the uniformity in its interpretation. However, I would support the strength of CISG that CISG can be interpreted consistently in itself in terms of its international character, which means imprecision of CISG, short coverage of hardship issues, imbalance between parties, and inept nature to commodity transactions. In support of CISG, these criticisms either overlook the intrinsic difficulties underlying production of the uniform laws or seems to be groundless on various points of views. On the other hand, the true uniform laws presuppose uniformity in the application of treaty. We can see some extent of difference in terms of the role of precedents between the common law and civil law countries. It is encouraging that the recent practice of civil law countries, including Italy, Poland, Denmark and so on, tend to cite the foreign precedents for the cases of CISG laws. Within the regime of common law countries, the rule of “stare decisis” prescribes that the national precedents should govern as binding authority while those of other common law countries function to be a persuasive authority. This means that the practice of civil law countries has considerably developed as similar to that of common law counterparts. While they seem to use foreign precedents as persuasive authority like their counterparts, or in the least accept as inspirational authority, the application of CISG grows to be made in a shared fashion for true uniform laws. This development seems to prosper at the advent of academic database as well as the contribution of CISG experts. (shrink)

The Fundamental Sequence of Reality: Awareness as the First Cause Abstract The nature of reality has long been debated in philosophy, physics, and cosmology. The dominant paradigm suggests that physical reality emerged through energy interactions following the Big Bang. However, this paper proposes a fundamental shift in perspective: that awareness is the first cause of existence, preceding time, action, energy, and matter. This model aligns with modern quantum mechanics, neuroscience, and ancient metaphysical thought, providing a framework that unifies scientific and (...) philosophical inquiries. This paper explores how awareness initiates creation, the role of time as a coordination system rather than a force, the activation of energy as a response to directed motion, and the emergence of physical reality as the final effect. 1. Introduction The current scientific model postulates that the universe began with a singularity—an infinitely dense state that expanded to form all matter and energy. However, this theory does not explain what existed before the singularity or what caused it to activate. Additionally, the problem of consciousness remains unresolved in science, with competing theories about whether it is emergent or fundamental. This paper presents a new model where awareness exists as the first cause, setting the foundation for all subsequent phenomena. 2. Awareness as the First Cause 2.1 Defining Awareness as a Pre-Physical Reality Awareness, in this model, is not an emergent property of matter but an intrinsic state of existence. This idea is supported by: Orchestrated Objective Reduction (Orch-OR) Theory (Penrose & Hameroff, 2014): It suggests that consciousness exists in a quantum superposition before neural activity occurs, meaning it is fundamental rather than a byproduct of brain processes. The Observer Effect in Quantum Mechanics: The Double-Slit Experiment demonstrates that particles behave as waves until observed, implying that awareness plays a role in the formation of reality (Wheeler, 1983). Philosophical Idealism: Thinkers like Kant, Berkeley, and Chalmers have suggested that perception structures reality rather than reality existing independently. 2.2 Awareness Preceding Physical Existence Since awareness exists independently of time and space, it does not require a cause. The fundamental realization of awareness results in self-questioning, which initiates the unfolding of structured existence. 3. Time as a Coordination System, Not a Primary Force 3.1 Julian Barbour’s “End of Time” Hypothesis Barbour (1999) argues that time is not fundamental but is an emergent property of change. This aligns with: Einstein’s relativity, which shows that time is relative and can be influenced by motion and gravity. Quantum mechanics, which demonstrates that quantum events do not require a linear passage of time. 3.2 Time as a Measurement, Not a Cause This model suggests that time exists to coordinate the unfolding of awareness into structured phenomena, not as a force that causes motion. 4. Energy Release as a Reaction, Not a Primary Cause 4.1 Feynman’s Quantum Electrodynamics (QED) Feynman (1985) demonstrated that energy exists in a probability state until an interaction forces it into action. This means: Energy is not a first principle; it is activated through directed action. The vacuum state of the universe holds dormant energy that is only triggered when conditions allow it. 4.2 The Activation of Energy Energy is released only when awareness initiates action. Without awareness directing the process, energy remains in an unmanifested state. 5. Physical Reality as the Last Step 5.1 The Holographic Principle Physicists such as Gerard ‘t Hooft and Leonard Susskind propose that the universe is a projection of lower-dimensional information. This means: Matter is not fundamental; it emerges as a consequence of deeper, pre-physical structures. Awareness shapes reality at a fundamental level before material existence. 5.2 Consciousness & Quantum Gravity Penrose suggests that wave function collapse is influenced by gravitational effects, implying a connection between consciousness and spacetime itself. 6. Addressing Contradictory Theories 6.1 The Standard Big Bang Model The Big Bang assumes energy was the first principle, but it does not explain why energy became active. This model fixes that issue by proposing that awareness initiates energy release. 6.2 The Copenhagen Interpretation of Quantum Mechanics The Copenhagen Interpretation states that wave function collapse occurs when observed but does not define the observer. This model proposes that awareness is the ultimate observer, explaining why quantum states collapse into defined reality. 7. Implications for Science & Human Understanding This model unifies: Quantum Mechanics & Consciousness: Awareness as a fundamental principle aligns with quantum observation. Physics & Philosophy: Idealism meets empirical research in a coherent framework. Cosmology & Metaphysics: The origin of the universe is explained beyond materialist assumptions. 8. Conclusion By placing awareness as the first cause, we create a framework that bridges science, philosophy, and quantum mechanics. This model explains the missing elements in modern physics and provides a foundation for future exploration. 9. References Barbour, J. (1999). The End of Time: The Next Revolution in Physics. Bohr, N. (1928). "The Quantum Postulate and the Recent Development of Atomic Theory." Nature. Chalmers, D. J. (1995). "Facing up to the problem of consciousness." Journal of Consciousness Studies. Einstein, A. (1915). "General Theory of Relativity." Feynman, R. P. (1985). QED: The Strange Theory of Light and Matter. Guth, A. H. (1981). "Inflationary universe: A possible solution to the horizon and flatness problems." Physical Review D. Penrose, R. & Hameroff, S. (2014). "Consciousness in the universe: A review of the ‘Orch OR’ theory." Physics of Life Reviews. Susskind, L. (1995). "The World as a Hologram." Journal of Mathematical Physics. Wheeler, J. A. (1983). "Law without law." Quantum Theory and Measurement. (shrink)