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)

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 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)

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)

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)

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)

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)

[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)

The paper presents a positive argument for a version of metaphysically light ethical non-naturalism from the nature of mental states such as desires. It uses as its premise the time-honoured, and recently rediscovered, doctrine of the guise of the good, whereby it is essential to desire that the object of desire be conceived as good or as normatively favoured under some description. The argument is that if the guise of the good is a correct theory of desire, then a certain (...) version of non-naturalism is better placed than other meta-ethical views to make sense of it. First I define ethical non-naturalism and the guise of the good, providing also an initial defence of the latter. Then I briefly survey some historical precedents and proceed to the argument. For each major meta-ethical view I consider I offer reasons why combining them with the guise of the good leads to consequences that are or should be unwelcome by the guise of the good. At the end of this elimination process a form of relatively metaphysically light non-naturalism will emerge as the view that best fits with the guise of the good. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Wittgenstein’s and Heidegger’s objections against the possibility of a science of aesthetics were influential on different sides of the analytic/continental divide. Heidegger’s anti-scientism leads him to an alētheic view of artworks which precedes and exceeds any possible aesthetic reduction. Wittgenstein also rejects the relevance of causal explanations, psychological or physiological, to aesthetic questions. The main aim of this paper is to compare Heidegger with Wittgenstein, showing that: there are significant parallels to be drawn between Wittgenstein’s and Heidegger’s anti-scientism about aesthetics, (...) and that their anti-scientism leads both towards partly divergent criticisms of what I will call ‘aestheticism’. The divergence is mainly due to a broader metaphilosophical disagreement concerning appeals to ordinary language. Thus situating the two philosophers’ positions facilitates a possible critical dialogue between analytic and continental approaches in aesthetics. (shrink)

Two decades ago, in 1994, in the context of the 4th EU Framework Programme, ELSA was introduced as a label for developing and funding research into the ethical, legal and social aspects of emerging sciences and technologies. Currently, particularly in the context of EU funding initiatives such as Horizon2020, a new label has been forged, namely Responsible Research and Innovation. What is implied in this metonymy, this semantic shift? What is so new about RRI in comparison to ELSA? First of (...) all, for both labels, the signifier was introduced in a top-down manner, well before the concept that was signified by it had acquired a clear and stable profile. In other words, the signifier preceded the research strategies actually covered by these labels. Moreover, the newness of RRI does not reside in its interactive and anticipatory orientation, as is suggested by authors who introduced the term, but rather in its emphases on social-economic impacts. (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)

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)

This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. Despite (...) this stabilizing role, however, master texts are themselves open to mutations. Therefore, law’s evolution under the constraints of a master text mediates the paradoxical union of law’s finite and infinite nature. (shrink)

This paper will attempt to assess the primary differences between what I take to be the two primary philosophical "traditions" in contemporary French philosophy, using Derrida (transcendence) and Deleuze (immanence) as exemplary representatives. The body of the paper will examine the use of these terms in three different areas of philosophy on which Derrida and Deleuze have both written: subjectivity, ontology, and epistemology. (1) In the field of subjectivity, the notion of the subject has been critiqued in two manners, either (...) by appealing either to the transcendence of the other (Levinas, Derrida) or to the immanent jlux of experience itself, in relation to which the Ego itself is trancendent (Deleuze, Foucault, Sartre, James). (2) In the field of ontology, a purely "immanent" ontology would be an ontology in which there is neither a "beyond" or an "otherwise" Being, nor "interruptions" in Being, both of which would require an appeal to a formal element of transcendence (Deleuze). Such a "transcendent" and aporetic structure, which can never appear or be present as such within Being, is what lies at the basis of the project of deconstruction, with its attendant aporias (Derrida). (3) This distinction, finally, finds parallels in Kant's epistemology, for whom the possible experience is conditioned by purely immanent criteria (Deleuze), whereas what goes beyond the limits of possible experience is transcendent (Derrida). Drawing on these three thread of analysis, the paper concludes with an assessment of what is at stake in the ethical differences between the two traditions. The question of "transcendence" is "What mast I do?", which is the question of morality (a duty or obligation that is beyond being, an "ought" beyond the "is"). The question of "immanence" is "What can I do?" (my power or capacity as an existing individual within being). For Levinas and Derrida, ethics precedes ontology because it is derived from an element of transcendence (the Other); for Deleuze, ethics is ontology because it is derived from the immanent relation of beings to Being at the level of their existence (Spinoza). (shrink)

Causalists and Evidentialists can agree about the right course of action in an (apparent) Newcomb problem, if the causal facts are not as initially they seem. If declining $1,000 causes the Predictor to have placed $1m in the opaque box, CDT agrees with EDT that one-boxing is rational. This creates a difficulty for Causalists. We explain the problem with reference to Dummett's work on backward causation and Lewis's on chance and crystal balls. We show that the possibility that the causal (...) facts might be properly judged to be non-standard in Newcomb problems leads to a dilemma for Causalism. One horn embraces a subjectivist understanding of causation, in a sense analogous to Lewis's own subjectivist conception of objective chance. In this case the analogy with chance reveals a terminological choice point, such that either (i) CDT is completely reconciled with EDT, or (ii) EDT takes precedence in the cases in which the two theories give different recommendations. The other horn of the dilemma rejects subjectivism, but now the analogy with chance suggests that it is simply mysterious why causation so construed should constrain rational action. (shrink)

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing that the (...) requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

The impact of science on ethics forms since long the subject of intense debate. Although there is a growing consensus that science can describe morality and explain its evolutionary origins, there is less consensus about the ability of science to provide input to the normative domain of ethics. Whereas defenders of a scientific normative ethics appeal to naturalism, its critics either see the naturalistic fallacy committed or argue that the relevance of science to normative ethics remains undemonstrated. In this paper, (...) we argue that current scientific normative ethicists commit no fallacy, that criticisms of scientific ethics contradict each other, and that scientific insights are relevant to normative inquiries by informing ethics about the options open to the ethical debate. Moreover, when conceiving normative ethics as being a nonfoundational ethics, science can be used to evaluate every possible norm. This stands in contrast to foundational ethics in which some norms remain beyond scientific inquiry. Finally, we state that a difference in conception of normative ethics underlies the disagreement between proponents and opponents of a scientific ethics. Our argument is based on and preceded by a reconsideration of the notions naturalistic fallacy and foundational ethics. This argument differs from previous work in scientific ethics: whereas before the philosophical project of naturalizing the normative has been stressed, here we focus on concrete consequences of biological findings for normative decisions or on the day-to-day normative relevance of these scientific insights. (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)

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)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

In response to the growing social discontent at what is perceived as generational injustice, due to younger generations of voters facing long-term negative consequences from issues disproportionately decided by the votes of older generations of voters, there have been suggestions to introduce an upper age voting threshold. These have been all but universally dismissed as offensive and contrary to basic democratic values. In the present article, I show that the idea is in fact entirely consonant with present-day democratic practices and (...) far from without a precedent. Hence, I describe how the aforementioned generational injustice can be rectified using a simple vote weighting scheme which is easy to implement and interpret. Lastly, I discuss the societal effects that this alteration of the voting system would have on the distribution of the origins of political power. (shrink)

This essay examines Locke’s chapter “Of Identity and Diversity” (Essay 2.27) in the context of the series of chapters on ideas of relations (Essay 2.25–28) that precede and follow it. I begin by introducing Locke’s account of how we acquire ideas of relations. Next, I consider Locke’s general approach to individuation and identity over time before I show how he applies his general account of identity over time to persons and personal identity. I draw attention to Locke’s claim that “person” (...) is a forensic term and analyse his arguments for why the sameness of a human being and the sameness of a substance or soul are neither necessary nor sufficient for personal identity. Instead, Locke argues that personal identity consists in sameness of consciousness. Locke regards persons as moral agents who are accountable for their actions. If a person now is held accountable for a past action it is important that the person now is the same person as the person who did the action. This means that moral accountability presupposes personal identity. Additionally, it will be important to consider whether the person deserves reward or punishment for the action. Locke’s account of moral relations, which he develops in Essay 2.28, addresses this issue and I show how it supplements his account of persons and personal identity. (shrink)

A recent wave of academic and popular publications say that utopia is within reach: Automation will progress to such an extent and include so many high-skill tasks that much human work will soon become superfluous. The gains from this highly automated economy, authors suggest, could be used to fund a universal basic income (UBI). Today's employees would live off the robots' products and spend their days on intrinsically valuable pursuits. I argue that this prediction is unlikely to come true. Historical (...) precedent speaks against it, but the main problem is that the prediction fundamentally misunderstands how capitalism works—its incentives to increase or decrease production, its principles of income allocation, and the underlying conception of merit. (shrink)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)

The article discusses some facts of C. G. Jung's direct appeal to the ideas of I. Kant. The main part of the article is preceded by statistical data on the mention of various philosophers in the Collected Works of Jung. It is not surprising that Kant leads in the number of links to his ideas or personality in Jung’s heritage. Then I show examples of the mention of Kant in Jung’s correspondence, which allow understand the fundamental philosophical background of analytical (...) psychology better. For this purpose in particular I give excerpts from which it becomes clear that the creator of the analytical psychology, unlike his predecessor C. G. Carus, never hypostasized the collective unconscious, because Jung believed that this is a thing in itself. Also by correspondence it is clear that Jung grasped Kant’s criticism of the rational proofs of existence of God well. Then I point out how apriorism is manifested in analytical psychology. Also I explain briefly how to understand that archetypes and instincts are necessary a priori conditions for the formation of psychic experience. In conclusion, the reasons are given for which Kant and Jung rejected the fundamental possibility of the existence of psychology in the status of strict science. -/- В статье рассматриваются некоторые факты прямого обращения К. Г. Юнга к идеям И. Канта. Основная часть статьи предваряется статистическими данными по упоминанию различных философов в 20-томном академическом собрании сочинений Юнга. Совершенно не удивительно, что по количеству ссылок лидирует Кант. Далее приводятся конкретные примеры упоминания родоначальника немецкой классической философии в переписке Юнга, что позволяет лучше понять фундаментальную философскую подоплёку аналитической психологии. Так, приводятся отрывки, из которых становится ясно, что создатель аналитической психологии, в отличие от своего предшественника К. Г. Каруса, никогда не гипостазировал коллективное бессознательное, считая, что это вещь в себе. Также по переписке видно, что Юнг усвоил произведённую Кантом критику доказательств бытия Божия. Затем в статье указывается, каким образом в аналитической психологии проявляется априоризм. Кратко объясняется, как следует понимать то, что архетипы и инстинкты являются необходимыми априорными условиями формирования психического опыта. В заключение приводятся основания, по которым Кант и Юнг отвергали принципиальную возможность существования психологии в статусе строгой науки, и которые до сих пор не преодолены. (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)

At various occasions Popper states that in order for a theory to show its strength “certain amount” of dogmatism must precede the critical testing phase. He even argues that dogmatism is a necessary precondition of criticism. These are alarming statements, undermining Popper’s methodological imperative of falsification. Critical rationalism is based on a strict opposition to dogmatism for logical reasons, for evolutionary reasons, and for ideological reasons. Popper cannot provide any objective criterion defining the proper dosage of dogmatism and thus opens (...) doors to its uncontrolled expansion. Criticism thus ceases to be the non-negotiable normative principle and the inviolable standard of rationality. (shrink)

This article provides a conceptual account of causal understanding by connecting current psychological research on time and causality with philosophical debates on the causal asymmetry. I argue that causal relations are viewed as asymmetric because they are understood in temporal terms. I investigate evidence from causal learning and reasoning in both children and adults: causal perception, the temporal priority principle, and the use of temporal cues for causal inference. While this account does not suffice for correct inferences of causal structure, (...) I show it to serve as a preliminary understanding of causal concepts as asymmetric, that later incorporates other types of evidence. This approach supplies causal models with an asymmetric concept of causation that underlies hypotheses about causal structure, as I will illustrate from the framework of the knowledge-based causal induction model. I further argue for an integrating perspective, showing how the understanding of causes as preceding their effects underlies both psychological models and philosophical debates over time and the causal asymmetry, particularly regarding problem cases such as simultaneous causation or backwards causation, and the conceptual connection between causation and action. (shrink)

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)

In the transcendental deduction, the central argument of the Critique of Pure Reason, Kant seeks to secure the objective validity of our basic categories of thought. He distinguishes objective and subjective sides of this argument. The latter side, the subjective deduction, is normally understood as an investigation of our cognitive faculties. It is identified with Kant’s account of a threefold synthesis involved in our cognition of objects of experience, and it is said to precede and ground Kant’s proof of the (...) validity of the categories in the objective deduction. I challenge this standard reading of the subjective deduction, arguing, first, that there is little textual evidence for it, and, second, that it encourages a problematic conception of how the deduction works. In its place, I present a new reading of the subjective deduction. Rather than being a broad investigation of our cognitive faculties, it should be seen as addressing a specific worry that arises in the course of the objective deduction. The latter establishes the need for a necessary connection between our capacities for thinking and being given objects, but Kant acknowledges that his readers might struggle to comprehend how these seemingly independent capacities are coordinated. Even worse, they might well believe that in asserting this necessary connection, Kant’s position amounts to an implausible subjective idealism. The subjective deduction ismeant to allay these concerns by showing that they rest on a misunderstanding of the relation between these faculties. This new reading of the subjective deduction offers a better fit with Kant’s text. It also has broader implications, for it reveals the more philosophically plausible account of our relation to the world as thinkers that Kant is defending – an account that is largely obscured by the standard reading of the subjective deduction. (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)

Human dignity is a stubborn concept, at least for jurists and philosophers. After World War II it found its way immediately into the opening articles of the UN Charta, the Universal Declaration of Human Rights, and the German Grundgesetz, apparently out of the blue, i. e. almost without any precedent in earlier juridical docu- ments. Consequently, scholars of law still have difficulties to formulate an adequate understanding of human dignity. And although the concept has a certain tradition in philosophy, (...) if we search for an independent ethi- cally attractive understanding of human dignity, it turns out that going back to Cicero, Kant or the Christian heritage is of little help, too. Much more promising, though, is a look at the long-standing usage of the expression ‘human dignity’ and its German counterpart Würde des Menschen where something like a universal right not to be humiliated is expressed. Given this understanding, we can read the commandment to respect human dignity as the basic obligation to treat other people in a way that allows them to keep their personal, individual dignities—or at least minimally decent ones. To be sure, this formulation is just a very first, tentative step on the way to a philosophically satisfying conception of human dignity, but in the author’s opinion it is definitely a promising start for a research group. (shrink)

Several of Thomas Aquinas's proofs for the existence of God rely on the claim that causal series cannot proceed in infinitum. I argue that Aquinas has good reason to hold this claim given his conception of causation. Because he holds that effects are ontologically dependent on their causes, he holds that the relevant causal series are wholly derivative: the later members of such series serve as causes only insofar as they have been caused by and are effects of the earlier (...) members. Because the intermediate causes in such series possess causal powers only by deriving them from all the preceding causes, they need a first and non-derivative cause to serve as the source of their causal powers. (shrink)

El concepto de trastorno mental permite justificar intervenciones médicas, psicológicas y judiciales. Además, facilita a la/el consultante acceder a tratamientos mediante reembolsos o programas de salud pública, y por otro lado, podría conllevar estereotipos sociales. No obstante, el significado de dicho concepto no ha dejado de suscitar debate. En el presente artículo argumentaré que los trastornos de personalidad, tal como son definidos en el DSM-5, no cumplen con los criterios de patología de las propuestas principales (i.e. teoría bio-estadística de la (...) salud, disfunción dañina, o entidad patológica) debido a tres razones independientes: (i) no se han propuesto dis/funciones a la base de cada trastorno y, dado el estado del arte de la psicología evolucionista, es poco probable que se pueda llevar a cabo ese programa en el futuro; (ii) el concepto de daño (distrés, perjuicio) aplicable a los trastornos de personalidad es constitutivamente social (aunque no exclusivamente social), por lo que resulta más adecuado hablar de grados de discapacidad que de trastornos del individuo; y (iii) que la ausencia de condiciones patognomónicas para cada trastorno, junto a la elevada comorbilidad y multimorbilidad entre trastornos de personalidad, horada la validez de la nosología actual y de los diagnósticos diferenciales. Propondré como solución la eliminación de los trastornos de personalidad de la nosología psiquiátrica. Eliminar los trastornos de personalidad no equivale a desconocer el sufrimiento de las personas diagnosticadas, ni a ignorar que dicho sufrimiento precede a, –y no acaba con la disolución de– la etiqueta diagnóstica. Por ello, se propondrá una reconceptualización de dicho sufrimiento en términos de discapacidad, entendida desde el modelo social, y que no presupone patología. (shrink)

According to the most popular theories of intentionality, a family of theories we will refer to as “functional intentionality,” a machine can have genuine intentional states so long as it has functionally characterizable mental states that are causally hooked up to the world in the right way. This paper considers a detailed description of a robot that seems to meet the conditions of functional intentionality, but which falls victim to what I call “the composition problem.” One obvious way to escape (...) the problem (arguably, the only way) is if the robot can be shown to be a moral patient – to deserve a particular moral status. If so, it isn’t clear how functional intentionality could remain plausible (something like “phenomenal intentionality” would be required). Finally, while it would have seemed that a reasonable strategy for establishing the moral status of intelligent machines would be to demonstrate that the machine possessed genuine intentionality, the composition argument suggests that the order of precedence is reversed: The machine must first be shown to possess a particular moral status before it is a candidate for having genuine intentionality. (shrink)

The classical Chinese philosophical tradition (ca. 6th to 3rd centuries BCE) contains rich discussion of skill and expertise. Various texts exalt skilled exemplars (whether historical persons or fictional figures) who guide and inspire those seeking virtuosity within a particular dao (guiding teaching or way of life). These texts share a preoccupation with flourishing, or uncovering and articulating the constituents of an exemplary life. Some core features thought requisite to leading such a life included spontaneity, naturalness, and effortless ease. However, there (...) was also significant disagreement during this ‘Warring States’ or ‘Hundred Schools’ period on which skills were valuable, how one should cultivate them, and who exactly ought to serve as exemplars. In this chapter, I discuss two prominent types of expertise and their attendant skills. The first is expertise at a particular craft, occupation, or dao, which finds its most poignant celebration in the early Daoist anthology Zhuangzi. Interest in crafts or skilled occupations was likely motivated by a perceived (or implied) analogy with living a good life more generally. The second concerns ethical expertise, a prominent and widely held ideal within the Ruist (Confucian) and Mohist schools. Both maintain that ethical expertise consists of an ability to apply past models or precedents to current cases, though they diverge on what those models are and how to properly apply them. The aim is to provide non-specialists an overview of this literature in Daoism, Confucianism, and Mohism, while also providing suggestions about further research. (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)

John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to utilitarianism, (...) and discussing some of the specific issues Mill raises in Utilitarianism. (shrink)

Whether Social Media Companies (hereafter, SMCs) such as Twitter and Facebook limit speech is an empirical question. No one disputes that they do. Whether they “censor” speech is a conceptual question, the answer to which is a matter of dispute. Whether they may do so is a moral question, also a matter of dispute. We address both of these latter questions and hope to illuminate whether it is morally permissible for SMCs to restrict speech on their platforms. This could be (...) part of a larger argument, when we do not explicitly offer here, that states ought not to forbid SMCs from censoring. We do not focus on legal statutes or precedent. We argue that nonstate actors can (as a conceptual matter) and may (as a moral matter) impede the freedoms of others to express themselves. That is, barring rare emergencies, nonstate actors may censor individuals even when states may not. (shrink)

In recent decades, Western philosophy, including personalism, has had to face the question of how to respect the otherness of the personal Other, a challenge issued most famously by Emmanuel Levinas. In his Totality and Infinity, Levinas's conclusions about alterity are stark. The Other is beyond all conceptualization and precedes my activity as a subject. It is the Other who founds my own independent subjectivity as an "I."1 These are indeed radical conclusions, but they raise the question, Does the very (...) term Other itself fully capture the alterity Levinas wishes to do justice to? The term Other (autrui) has a certain unavoidable generality and abstractness to it. Any person who is not myself, the world's population minus one, can be referred to by this term. Yet the Other is always richly distinguished in each case, for each Other is unique. I will argue that the personalist philosophy of Dietrich von Hildebrand reveals that the alterity of the Other rests on the more fundamental uniqueness of the content of our personhood. This content, which is a value, is disclosed in love, and it is indicated in the personal name. It is the name that, better than the term Other, captures the alterity of the personal Other. (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)