Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

This article proposes a new interpretation of mutual information. We examine three extant interpretations of MI by reduction in doubt, by reduction in uncertainty, and by divergence. We argue that the first two are inconsistent with the epistemic value of information assumed in many applications of MI: the greater is the amount of information we acquire, the better is our epistemic position, other things being equal. The third interpretation is consistent with EVI, but it is faced with the problem of (...) measure sensitivity and fails to justify the use of MI in giving definitive answers to questions of information. We propose a fourth interpretation of MI by reduction in expected inaccuracy, where inaccuracy is measured by a strictly proper monotonic scoring rule. It is shown that the answers to questions of information given by MI are definitive whenever this interpretation is appropriate, and that it is appropriate in a wide range of applications with epistemic implications. _1_ Introduction _2_ Formal Analyses of the Three Interpretations _2.1_ Reduction in doubt _2.2_ Reduction in uncertainty _2.3_ Divergence _3_ Inconsistency with Epistemic Value of Information _4_ Problem of Measure Sensitivity _5_ Reduction in Expected Inaccuracy _6_ Resolution of the Problem of Measure Sensitivity _6.1_ Alternative measures of inaccuracy _6.2_ Resolution by strict propriety _6.3_ Range of applications _7_ Global Scoring Rules _8_ Conclusion. (shrink)

The sense of form that provides the modern poet with a unique experience of the literary object has been crucial to various attempts to compare poetry to other cultural activities. In maintaining similar conceptions of the relationship between poetry and painting, Arthur Rimbaud and W. C. Williams establish a common basis for interpreting their creative work. And yet their poetry is more crucially concerned with the sudden emergence of visible "worlds" containing verbal objects that integrate a new kind of (...) literary text. This paper discusses the emergence of "aesthetic worlds" in the work of both poets and then examines how a common concern with Baroque form unites them in the phenomenological task of overcoming Cartesian dualism. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

It is widely thought in philosophy and elsewhere that parsimony is a theoretical virtue in that if T1 is more parsimonious than T2, then T1 is preferable to T2, other things being equal. This thesis admits of many distinct precisifications. I focus on a relatively weak precisification on which preferability is a matter of probability, and argue that it is false. This is problematic for various alternative precisifications, and even for Inference to the Best Explanation as standardly understood.

Title: "A Rose for Emily" ("Een roos voor Emily") Author: William Faulkner Translators: Martijn Boven and Maarten Jansen Original language: English Target language: Dutch -/- William Faulkner's "A Rose for Emily", presented her in a Dutch translation, was first published in 1930, in the April issue of Forum magazine. By 1930, Faulkner had already authored four novels; however, "A Rose for Emily" marked his debut in the short story genre. While not as experimental as his novels The Sound and the (...) Fury and Absalom, Absalom!, it nonetheless incorporates certain characteristic Faulknerian elements, such as an unconventional narrative perspective and a non-linear chronology. Consistent with the majority of Faulkner's oeuvre, this narrative is situated in the fictional Southern setting to which Faulkner gave the name Yoknapatawpha County. -/- [In Dutch: Wiliam Faulkners 'Een roos voor Emily’ (‘A Rose for Emily’) werd voor het eerst gepubliceerd in 1930, in het aprilnummer van het tijdschrift Forum. Faulkner had in 1930 al vier romans op zijn naam staan, maar ‘Een roos voor Emily’ was het eerste korte verhaal dat hij publiceerde. Het is niet zo experimenteel als zijn romans The Sound and the Fury (Het geraas en gebral) en Absalom, Absalom! Desondanks bevat het toch enkele karakteristieke Faulkneriaanse elementen, zoals een ongebruikelijk vertel perspectief en een gefragmenteerde chronologie. Net als het merendeel van Faulkners oeuvre speelt ook dit verhaal zich af in het fictionele Zuiden waar Faulkner de naam Yoknapatawpha County aan gaf."]. (shrink)

This précis summarizes the main topics, arguments and conclusions of the book. Many interesting arguments and critiques have, of course, been omitted in order to make this summary appropriately brief.

This essay describes computational semantic networks for a philosophical audience and surveys several approaches to semantic-network semantics. In particular, propositional semantic networks are discussed; it is argued that only a fully intensional, Meinongian semantics is appropriate for them; and several Meinongian systems are presented.

Stanley Cavell isn't the first to arrive at philosophy through a life with music. Nor is he the first whose philosophical practice bears the marks of that life. Much of Cavell's life with music is confirmed for the world in his philosophical autobiography Little Did I Know. A central moment in that book is Cavell's describing the realization that he was to leave his musical career behind – for what exactly, he did not yet know. He connects the memory-shock of (...) this leaving with "the work of mourning." How does such a life out of music inform Cavell's philosophical sensibility? The thought I follow in this essay is that Cavell's distinctive orientation in philosophy – call this his lifelong coming to terms with his abandoning a life in music – is guided in part by an interest in those moments in experience where words seem to run out, or veer toward nonsense, leaving in their wake touchstones of ecstasy. I explore this idea by summarizing my exchange with Stanley Cavell years ago when I asked him whether certain passages from his essay "Music Discomposed" are depictions of the unsayable. Cavell's response is elaborated, or qualified, by considering a pair of moments in Little Did I Know where words appear to run out. I conclude by discussing culminating thoughts on the burden borne by words and their failure that appear in Cavell's late essay on music, "Impressions of Revolution.". (shrink)

In this book, William Brant inquires how violence is reduced. Social causes of violence are exposed. War, sexual domination, leadership, propagandizing and comedy are investigated. Legal systems are explored as reducers and implementers of violence and threats.

William Faulkner (1897-1962), one of the United States’ most renowned authors, was born on Sept. 25, 1897, in New Albany, Mississippi. He initially focused on poetry, culminating in his first publication: The Marble Faun (1924). Subsequently, he transitioned to prose, producing novels such as The Sound and the Fury (1929), As I lay Dying (1930), Light in August (1932) and Absalom, Absalom! (1936), which are considered his most significant works. Like most of his oeuvre, these novels are set in a (...) fictional Southern region that Faulkner termed ‘Yoknapatawpha county.’ Nearly all works set in this fictional county are characterized by themes of race, incest, the American Civil War, and the decline of the antebellum South. Faulkner frequently employs diverse perspectives and techniques that directly represent the consciousness of his characters. Recognition for his literary achievements came relatively late in his career. The primary catalyst for this recognition was the Nobel Prize for Literature awarded to him in 1949, when he had arguably passed the zenith of his writing career. Faulkner’s extensive oeuvre, which spans from 1924 to 1962, also encompasses lesser-known works, such as Sanctuary (1931) and Intruder in the Dust (1948). In addition to novels, Faulkner authored numerous short stories that are considered among the finest in American literature. These include the story translated here, “Barn Burningr” originally published in 1939, in the June issue of Harper’s magazine. Faulkner died July 6 in Byhalia, Mississippi, of a heart attack. -/- In Dutch: William Faulkner (1897-1962) …, een van de beroemdste schrijvers uit de Verenigde Staten, werd geboren op 25 september 1897 in New Albany, Mississippi. Hij begon aanvankelijk met het schrijven van poëzie, wat resulteerde in zijn eerste publicatie: The Marble Faun (1924). Kort daarna liet hij poëzie voor wat het was en stortte hij zich op het proza. Dit leidde tot romans als The Sound and the Fury (1929), As I lay Dying (1930), Light in August (1932) en Absalom, Absalom! (1936) die als zijn belangrijkste werken worden beschouwd. Net als het merendeel van zijn oeuvre spelen deze romans zich af in een fictioneel Zuiden dat door Faulkner ‘Yoknapatawpha county’ genoemd werd. Vrijwel alle werken die zich in deze fictieve streek afspelen, worden gekenmerkt door thema’s als ras, incest, de Amerikaanse burgeroorlog en de teloorgang van het oude Zuiden. Faulkner maakt vaak gebruik van verschillende perspectieven en technieken die direct het bewustzijn van zijn personages representeren. Pas relatief laat in zijn carrière kreeg hij erkenning voor zijn literaire verdiensten. De belangrijkste stimulans hiervoor was de Nobelprijs voor de literatuur die hem werd toegekend in 1949, toen hij als schrijver eigenlijk al over zijn toppunt heen was. Faulkners omvangrijke oeuvre, dat ontstond in de periode van 1924 tot 1962, omvat ook minder bekende werken, zoals Sanctuary (1931) en Intruder in the Dust (1948). Naast romans schreef Faulkner echter ook nog een groot aantal korte verhalen die tot de absolute top van het Amerikaanse verhaal gerekend worden. Daartoe behoort ook het hier vertaalde verhaal ‘In vlammen op’ (‘Barn Burning’), dat oorspronkelijk werd gepubliceerd in 1939, in het juninummer van het tijdschrift Harper’s. Faulkner stierf op 6 juli in Byhalia, Mississippi, aan een hartaanval. -/- . (shrink)

In this paper, I argue that although Kant’s account of empirical schemata in the Critique of Pure Reason is primarily used to explain the shared content of intuitions and empirical concepts, it is also informed by methodological problems in natural history. I argue that empirical schemata, which are rules for determining the spatiotemporal form of objects, not only serve to connect individual intuitions with concepts, but also concern the very features of objects on the basis of which they were connected (...) and ordered in taxonomic systems based on similarity of form. I then suggest that Kant likely had scientific illustrations in mind in his discussion of empirical images in the Schematism chapter and that his account of schemata can help explain the epistemic function of these images in early modern science. (shrink)

We can know some things about each others' mental lives. The view that some of this knowledge is genuinely perceptual is getting traction. But the idea that we can see any of each others' mental states themselves - the Simple Perceptual Hypothesis - remains unpopular. Very often the view that we can perceptually know, for example, that James is angry, is thought to depend either on our awareness of James' expression or on the way James appears - versions of what (...) I call the Expressive Hypothesis. The Expressive Hypothesis is intuitive. But in this chapter I argue that it does not allow us to do away with the thought that we sometimes perceive people's mental states. I take my arguments to provide some tentative support for the Simple Perceptual Hypothesis. (shrink)

Marilyn Adams rightly pointed out that there are many kinds of evil, some of which are horrendous. I claim that one species of horrendous evil is what I call horrendous-difference disabilities. I distinguish two subspecies of horrendous-difference disabilities based in part on the temporal relation between one’s rational moral wishing for a certain human function F and its being thwarted by intrinsic and extrinsic conditions. Next, I offer a theodicy for each subspecies of horrendous-difference disability. Although I appeal to some (...) claims made by Marilyn Adams for this theodicy, I reject one particular claim. I deny that one must be aware that one participates in a horrendous evil when the horrific event occurs. To develop this point and its relevance for a theodicy for horrendous-difference disabilities, I engage with Andrew Chignell’s work on infant suffering. In doing so, I show that what partly motivates the claim is a time-bias, i.e., near-bias. By rejecting this time-bias, I show how it is possible, given post-mortem life, for persons with profound cognitive disabilities to participate in horrendous evils and how these might be defeated by God. (shrink)

The question of the cognitive role of fictionality is this: what is the correct cognitive attitude to take to p, when it is fictional that p? We began by considering one answer to this question, implicit in the work of Kendall Walton, that the correct response to a fictional proposition is to imagine that proposition. However, this approach is silent in cases of fictional incompleteness, where neither p nor its negation are fictional. We argue that that Waltonians should embrace a (...) pluralistic account of the cognitive role of fictional incompleteness: in some cases of fictional incompleteness, we are permitted to resolve the incompleteness during our engagement with the target fiction, and in other cases, we are obliged not to resolve the incompleteness. But though pluralism is accommodated by Walton’s wider account of fictionality, it puts tension on his motivating idea that fictionality stands to the imagination as truth stands to belief. And so we develop a rival conception of the cognitive role of fictionality that is built around a different analogy: on this evidentialist approach, (known) fictionality stands to the imagination as evidence stands to credence. (shrink)

Suppose that an altruistic agent who is uncertain between evidential and causal decision theory finds herself in a situation where these theories give conflicting verdicts. We argue that even if she has significantly higher credence in CDT, she should nevertheless act in accordance with EDT. First, we claim that the appropriate response to normative uncertainty is to hedge one's bets. That is, if the stakes are much higher on one theory than another, and the credences you assign to each of (...) these theories are not very different, then it is appropriate to choose the option that performs best on the high-stakes theory. Second, we show that, given the assumption of altruism, the existence of correlated decision makers will increase the stakes for EDT but leave the stakes for CDT unaffected. Together these two claims imply that whenever there are sufficiently many correlated agents, the appropriate response is to act in accordance with EDT. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Effective altruism is the use of evidence and careful reasoning to work out how to maximize positive impact on others with a given unit of resources, and the taking of action on that basis. It’s a philosophy and a social movement that is gaining considerable steam in the philanthropic world. For example, GiveWell, an organization that recommends charities working in global health and development and generally follows effective altruist principles, moves over $90 million per year to its top recommendations. Giving (...) What We Can, which encourages individuals to pledge at least 10% of their income to the most cost-effective charities, now has over 3500 members, together pledging over $1.5 billion of lifetime donations. Good Ventures is a foundation, founded by Dustin Moskovitz and Cari Tuna, that is committed to effective altruist principles; it has potential assets of $11 billion, and is distributing over $200 million each year in grants, advised by the Open Philanthropy Project. [...] GPI Working Paper No. 8-2019. (shrink)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...) and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)

William S. Lewis examines the contribution to philosophy of science made by Lefebvre, in the context of his membership of the French Communist Party.

This paper updates (2017) a previously-presented* model of models, which can be used to clarify discussion and analysis in a variety of disputes and debates, since many such discussions hinge on displaying or implying models about how things are related. Knowing about models does not itself supply any new information about our world, but it might help us to recognize when and how information is being conveyed on these matters, or where possibly it is being obscured. If a claim P (...) is expressed in the context of a certain model, a disagreement about P may actually not be about whether the underlying model is accurate; it could reflect misunderstandings about the model’s assumptions or conventions. Also, in practice, constructed models are rarely fully elaborated for every detail, so misunderstandings can arise from apparent “gaps” in the model. In that case, developing and considering complementary versions of models can sometimes clarify ambiguities. Following the main analysis are several extended Case examples to illustrate the wide applicability of the models approach, for clarifying, if not necessarily “resolving”, numerous debates and issues. For example, a famous “counter example” by Nelson Goodman to a logical model proposed by Carnap is shown to be not as deal-breaking as presumed historically, if only plausible complementary models had been explored. And models sometimes presented as competing in Artificial Intelligence research— “Declarative” versus “Procedural”—can instead be viewed as good examples of “complementary” models. Also reconsidered in this light are some well-known, competing positions, by Russell, Strawson, and Kripke, in the literature regarding names, pointing, definite descriptions and “using” sentences, and so on. All these concepts are locatable within the presently proposed models analysis. Questions such as where “truth” resides (whether in sentences or in uses of sentences) are not settled in this paper; yet, practical questions about how testable claims about the world can be expressed by models are clarified. _* Original version presented at a University of Waterloo Philosophy Colloquium 1984. (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with (...) the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

This essay disambiguates the relationship between phenomenology and explanation, whereby we uncover a fundamentally new way to understand the function of phenomenology within the sciences. These objectives are accomplished in two stages. First, we propose an original way to interpret Husserl's claim that his phenomenology is non-explanatory. We demonstrate, contra accepted interpretations, that Husserl did not think phenomenology is non-explanatory, because it is descriptive or because it does not deal with causes. Instead, we demonstrate that Husserl concluded that phenomenology is (...) non-explanatory, because it engages in a dialectical process of conceptual clarification. To substantiate this interpretation, we examine how Husserl understood the function of explanation in three different tiers of standard science and how he grasped the role of phenomenology in pure logic. Having properly clarified Husserl's conclusion—that phenomenology is non-explanatory—we then execute our second task, namely to challenge just that idea. We argue that Husserl has—despite his claims to the contrary—de facto and inadvertently described his phenomenology as an explanatory nomological science. Our paper therefore not only clears up a longstanding misinterpretation of Husserl, but opens a new area of debate concerning the status of phenomenology within the scientific nexus. (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)

Although at first glance, “facts” are the paradigms of straightforwardness, something about facts seems to invite perpetual controversy and dichotomizing. Innumerable bifurcations on the topic have included "Facts vs. Theories”, “Facts vs. Appearance”, "Facts vs. Values", ... and, popular nowadays, "(Real)Facts vs. Fake Facts". This paper most aligns with the facts vs. theories model, so far as whatever facts are, theories seem to be constructed stories that are necessary for connecting and interpreting the facts. Yet the boundary between the two (...) is fluid and fuzzy: Fact in one context is theory in another, depending on what is being accepted or contested at the time. This paper’s views are compatible with—but neutral on the plausibility of having—an optimism like Peirce’s that scientific inquiry may nonetheless converge towards a consensus. To illustrate the challenges of finding “straightforward” facts, the paper includes a case example, related to research on possible health effects of exposure to electromagnetic-field radiation (EMF). _ The source paper for this 2018 update was originally presented at the University of Waterloo 30th Anniversary Philosophy Conference, 1993. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines his (...) theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

What is the relation between meaning and use? This chapter first defends a non-reductionist understanding of Wittgenstein’s suggestion that ‘the meaning of a word is its use in the language’; facts about meaning cannot be reduced to, or explained in terms of, facts about use, characterized non-semantically. Nonetheless, it is contended, facts about meaning do supervene on non-semantic facts about use. That supervenience thesis is suggested by comments of Wittgenstein’s and is consistent with his view of meaning and rule-following. Semantic (...) supervenience is then defended against two criticisms: first, John McDowell’s suggestion that the supervenience thesis falsifies the epistemology of meaning and fails to accommodate common-sense truths about meaning; second, a series of counter-examples proposed by Stephen Kearns and Ofra Magidor, who argue that worlds may differ semantically without differing non-semantically. It is argued that neither criticism is convincing: we should accept the thesis that semantic facts supervene on non-semantic facts. (shrink)

Is there some general reason to expect organisms that have beliefs to have false beliefs? And after you observe that an organism occasionally occupies a given neural state that you think encodes a perceptual belief, how do you evaluate hypotheses about the semantic content that that state has, where some of those hypotheses attribute beliefs that are sometimes false while others attribute beliefs that are always true? To address the first of these questions, we discuss evolution by natural selection and (...) show how organisms that are risk-prone in the beliefs they form can be fitter than organisms that are risk-free. To address the second question, we discuss a problem that is widely recognized in statistics – the problem of over-fitting – and one influential device for addressing that problem, the Akaike Information Criterion (AIC). We then use AIC to solve epistemological versions of the disjunction and distality problems, which are two key problems concerning what it is for a belief state to have one semantic content rather than another. (shrink)

William Faulkner (1897-1962), one of the United States’ most renowned authors, was born on Sept. 25, 1897, in New Albany, Mississippi. He initially focused on poetry, culminating in his first publication: "The Marble Faun" (1924). Subsequently, he transitioned to prose, producing novels such as "The Sound and the Fury" (1929), "As I lay Dying" (1930), "Light in August" (1932) and "Absalom, Absalom!" (1936), which are considered his most significant works. Like most of his oeuvre, these novels are set in a (...) fictional Southern region that Faulkner termed ‘Yoknapatawpha county.’ Nearly all works set in this fictional county are characterized by themes of race, incest, the American Civil War, and the decline of the antebellum South. Faulkner frequently employs diverse perspectives and techniques that directly represent the consciousness of his characters. Recognition for his literary achievements came relatively late in his career. The primary catalyst for this recognition was the Nobel Prize for Literature awarded to him in 1949, when he had arguably passed the zenith of his writing career. Faulkner’s extensive oeuvre, which spans from 1924 to 1962, also encompasses lesser-known works, such as "Sanctuary" (1931) and "Intruder in the Dust" (1948). In addition to novels, Faulkner authored numerous short stories that are considered among the finest in American literature. These include the story translated here, “Dry September” originally published in 1931, in the January issue of Scribner’s magazine. Faulkner died July 6 in Byhalia, Mississippi, of a heart attack. -/- [In Dutch: William Faulkner (1897-1962), een van de beroemdste schrijvers uit de Verenigde Staten, werd geboren op 25 september 1897 in New Albany, Mississippi. Hij begon aanvankelijk met het schrijven van poëzie, wat resulteerde in zijn eerste publicatie: "The Marble Faun" (1924). Kort daarna liet hij poëzie voor wat het was en stortte hij zich op het proza. Dit leidde tot romans als "The Sound and the Fury" (1929), "As I lay Dying" (1930), "Light in August" (1932) en "Absalom, Absalom!" (1936) die als zijn belangrijkste werken worden beschouwd. Net als het merendeel van zijn oeuvre spelen deze romans zich af in een fictioneel Zuiden dat door Faulkner ‘Yoknapatawpha county’ genoemd werd. Vrijwel alle werken die zich in deze fictieve streek afspelen, worden gekenmerkt door thema’s als ras, incest, de Amerikaanse burgeroorlog en de teloorgang van het oude Zuiden. Faulkner maakt vaak gebruik van verschillende perspectieven en technieken die direct het bewustzijn van zijn personages representeren. Pas relatief laat in zijn carrière kreeg hij erkenning voor zijn literaire verdiensten. De belangrijkste stimulans hiervoor was de Nobelprijs voor de litera¬tuur die hem werd toegekend in 1949, toen hij als schrijver eigenlijk al over zijn toppunt heen was. Faulkners omvangrijke oeuvre, dat ontstond in de periode van 1924 tot 1962, omvat ook minder bekende werken, zoals "Sanctuary" (1931) en "Intruder in the Dust" (1948). Naast romans schreef Faulkner echter ook nog een groot aantal korte verhalen die tot de absolute top van het Amerikaanse verhaal gerekend worden. Daartoe behoort ook het hier vertaalde verhaal ‘Septemberdroogte [Dry September]’, dat oorspronkelijk werd gepubliceerd in 1931, in het januarinummer van het tijdschrift "Scribner's". Faulkner stierf op 6 juli in Byhalia, Mississippi, aan een hartaanval.]. (shrink)

In this essay I argue the extent to which meaning and judgment in aesthetics figures in Wittgenstein’s later conception of language, particularly in his conception of how philosophy might go about explaining the ordinary functioning of language. Following a review of some biographical and textual matters concerning Wittgenstein’s life with music, I outline the connection among (1) Wittgenstein’s discussions of philosophical clarity or perspicuity, (2) our attempts to give clarity to our aesthetic experiences by wording them, and (3) the clarifying (...) experience of the dawning of an aspect, which Wittgenstein pictures as the perception of an internal relation. By examining Wittgenstein’s use of “internal relation” from the Tractatus to his later writings, I come to challenge the still prevalent understanding of Wittgenstein’s appeals to grammar as an appeal to something given (e.g., to a set of grammatical rules). Instead, as I argue, Wittgensteinian appeals to grammatical criteria should be understood as modeled by the form of justification found in our conversations about art. (shrink)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms (long noted by theorists like William Connolly and Quentin Skinner), as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

First, the thorny problem of locating the Midwest is treated. Second, the ancient Stoics’ understanding of nature is proposed as a fertile field of ecological wisdom. The significance of nature in Stoicism is explained. Stoic philosophers (big-S Stoics) are distinguished from stoical non-philosophers (small-s stoics). Nature’s lessons for living a good Stoic life are drawn. Are such lessons too theoretical to provide practical guidance? This worry is addressed by examining the examples of Cincinnatus and Cato the Elder—ancient Romans lauded for (...) their virtues who worked the land. They exhibited the virtues of civic responsibility, justice, self-sufficiency, parsimony, perseverance, equanimity, modesty, and respect for limits—an agrarian virtue dear to Wendell Berry. Agrarianism views rural society as superior to urban society and the independent farmer as superior to the paid worker. Reflection on the virtues of stoical Roman agrarians suggests that features of Roman Stoic agrarianism resonate with a contemporary instantiation of Stoicism in the Midwest. The main thesis is that Midwest Stoic agrarianism (MSA), guided by an array of earthy virtues, promotes agricultural practices that harmonize with nature and support living in agreement with nature, while rejecting agricultural practices contrary to nature and propelled by vice. MSA endorses, e.g., locally sourced, sustainably grown crops instead of CAFOs. MSA tackles the ecological and sociopolitical pressures confronting Midwest farmers in the Anthropocene and can fortify environmental virtue ethics beyond this region. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

Critical Review of Searle's Minds, Brains and Science.

The inherently subjective nature of consciousness severely limits our ability to make progress on the problem of consciousness. The inability to acquire objective, publicly available data on the phenomenal aspect of consciousness makes evaluating alternative theories very difficult, if not impossible. However, the anomalous nature of subjective states with respect to our conventional theories of the physical world suggests the possibility of considering other anomalous data around consciousness that happen to be objective. For such purposes, I propose that we examine (...) the psi data gathered under laboratory conditions, which generally receive little attention. I wish to consider whether we have theories or frameworks of consciousness that attempt to account for subjective qualia but also fit the psi data. I argue that Russellian monism can be combined with an argument regarding quantum holism to arrive at a version of cosmopsychism that fits very well with the psi data. While I do not argue that such a framework exhausts the theoretical possibilities, I do suggest we can move forward with a framework that has attractive theoretical features and is also consistent with objective data currently on the table. (shrink)

This article focuses on the positive reasons for adopting epiphenomenalism. Some objections that have been answered in more detail in my other work receive some response here, but the main point is to see why epiphenomenalism is an attractive view for those with a generally naturalistic outlook. It distinguishes qualitative events from propositional states and explains why their treatment must be different. The view that our words must 'express our thoughts' is critically examined.

This article examines one of the sources of David Benatar’s anti-natalism. This is the view that ‘all procreation is [morally] wrong.’ (Benatar and Wasserman, 2015:12) One of its sources is the claim that each of our lives is objectively bad, hence bad whether we think so or not. The question I will pose is whether the constraints of metaphysical naturalism allow for an objective devaluation of human life sufficiently negative to justify anti-natalism. My thesis is that metaphysical naturalism does not (...) have the resources to support such a negative evaluation. Metaphysical naturalism is the view that causal reality is exhausted by nature, the space-time system and its contents. The gist of my argument is that the ideal standards relative to which our lives are supposed to be axiologically substandard cannot be merely subjective expressions of our desires and aversions; they must be (i) objectively binding standards that are (ii) objectively possible in the sense of concretely realizable. The realizability condition, however, cannot be satisfied on metaphysical naturalism; ergo, failure to meet these ideal standards cannot show that our lives are objectively bad. (shrink)

Understanding how biological organisms are autonomous—maintain themselves far from equilibrium through their own activities—requires understanding how they regulate those activities. In multicellular animals, such control can be exercised either via endocrine signaling through the vasculature or via neurons. In C. elegans this control is exercised by a well-delineated relatively small but distributed nervous system that relies on both chemical and electric transmission of signals. This system provides resources to integrate information from multiple sources as needed to maintain the organism. Especially (...) important for the exercise of neural control are neuromodulators, which we present as setting agendas for control through more traditional electrical signaling. To illustrate how the C. elegans nervous system integrates multiple sources of information in controlling activities important for autonomy, we focus on feeding behavior and responses to adverse conditions. We conclude by considering how a distributed nervous system without a centralized controller is nonetheless adequate for autonomy. (shrink)