On the developmental reading, Descartes first praised his method in the first instance of Rule VIII of the Regulae ad directionem ingenii, but then demoted it to provisional in the “blacksmith” analogy, and then found his discrete method could not resolve his “finest example,” his inquiry into the essence and scope of human knowledge, an event that, on this reading, resulted in him dropping his method. In this paper, I explain how Rule VIII can be read (...) as a coherent title and commentary that is a further development of the method of the Regulae. (shrink)

I argue that Descartes’ approach in the First Meditation is the same as the one found in Rule VIII, with some modifications, and this helps toward establishing a connection between the Regulae and Meditationes that has gone unnoticed by scholars.

I examine the reasons Aristotle presents in Physics VIII 8 for denying a crucial assumption of Zeno’s dichotomy paradox: that every motion is composed of sub-motions. Aristotle claims that a unified motion is divisible into motions only in potentiality (δυνάμει). If it were actually divided at some point, the mobile would need to have arrived at and then have departed from this point, and that would require some interval of rest. Commentators have generally found Aristotle’s reasoning unconvincing. Against David (...) Bostock and Richard Sorabji, inter alia, I argue that Aristotle offers a plausible and internally consistent response to Zeno. I defend Aristotle’s reasoning by using his discussion of what to say about the mobile at boundary instants, transitions between change and rest. There Aristotle articulates what I call the Changes are Open, Rests are Closed Rule: what is true of something at a boundary instant is what is true of it over the time of its rest. By contrast, predications true of something over its period of change are not true of the thing at either of the boundary instants of that change. I argue that this rule issues from Aristotle’s general understanding of change, as laid out in Phys. III. It also fits well with Phys. VI, where Aristotle maintains that there is a first boundary instant included in the time of rest, but not a “first in which the mobile began to change.” I then show how this rule underlies Aristotle’s argument that a continuous motion cannot be composed of actual sub-motions. Aristotle distinguishes potential middles, points passed through en route to a terminus, from actual middles. The Changes are Open, Rests are Closed Rule only applies to actual middles, because only they are boundaries of change that the mobile must arrive at and then depart from. On my reading, Aristotle argues that the instant of arrival, the first instant at which the mobile has come to be at the actual middle, cannot belong to the time of the subsequent motion. If it did, the mobile would already be moving towards the next terminus and thus, per Phys. VI 6, would have already left. But it cannot have moved away from the midpoint at the very same moment it has arrived there. This means that the instant of arrival must be separated from the time of departure by an interval of rest. I show how Aristotle’s reasoning applies generally to rule out any continuous reflexive motion or continuous complex rectilinear motion. On my interpretation, however, the argument does not apply to every change of direction. When, as in the case of projectile motion, multiple movers and their relative powers explain why the mobile changes directions, distinct sub-motions are not involved. Aristotle holds that such motions cannot be continuous, not because they involve intervals of rest, but because they involve multiple causes of motion. My interpretation of the Changes are Open, Rests are Closed Rule allows us to make better sense of Aristotle’s argument than any previous interpretation. (shrink)

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

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

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

Einstein wrote his famous sentence "God does not play dice with the universe" in a letter to Max Born in 1920. All experiments have confirmed that quantum mechanics is neither wrong nor “incomplete”. One can says that God does play dice with the universe. Let quantum mechanics be granted as the rules generalizing all results of playing some imaginary God’s dice. If that is the case, one can ask how God’s dice should look like. God’s dice turns out to be (...) a qubit and thus having the shape of a unit ball. Any item in the universe as well the universe itself is both infinitely many rolls and a single roll of that dice for it has infinitely many “sides”. Thus both the smooth motion of classical physics and the discrete motion introduced in addition by quantum mechanics can be described uniformly correspondingly as an infinite series converges to some limit and as a quantum jump directly into that limit. The second, imaginary dimension of God’s dice corresponds to energy, i.e. to the velocity of information change between two probabilities in both series and jump. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution is devoted to the basic issues from Wittgenstein to Kripke. Part II (...) will be about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

Rule-following is a normative doing and therefore needs to be reconsidered in a metaethical framework. Rule-following will be discussed in the light of cognitivism and non-cognitivism. It will be shown that neither cognitivism nor non-cognitivism are sufficiently good accounts for conceptualizing rule-following, because they are held captive by a quasi-mechanistical picture of rule-following. This idea stems from Stanley Cavell´s and John McDowell´s approach to rule-following. McDowell appeals to the idea that we participate in “shared forms (...) of life” and therefore are able to follow rules correctly. I believe that his quietist view can be amplified by conceptualizing different modes of following a rule. We can also follow a rule e.g. ironically and still grasp the conceptual content of the rule adequately. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance (...) by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and (...) speech acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution was devoted to the basic issues from Wittgenstein to Kripke. Part II (...) is about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the (...) ideas that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

This paper discusses the prospects of a dispositional solution to the Kripke–Wittgenstein rule-following puzzle. Recent attempts to employ dispositional approaches to this puzzle have appealed to the ideas of finks and antidotes—interfering dispositions and conditions—to explain why the rule-following disposition is not always manifested. We argue that this approach fails: agents cannot be supposed to have straightforward dispositions to follow a rule which are in some fashion masked by other, contrary dispositions of the agent, because in all (...) cases, at least some of the interfering dispositions are both relatively permanent and intrinsic to the agent. The presence of these intrinsic and relatively permanent states renders the ascription of a rule-following disposition to the agent false. (shrink)

Rule-Consequentialism faces “the problem of partial acceptance”: How should the ideal code be selected given the possibility that its rules may not be universally accepted? A new contender, “Calculated Rates” Rule-Consequentialism claims to solve this problem. However, I argue that Calculated Rates merely relocates the partial acceptance question. Nevertheless, there is a significant lesson from this failure of Calculated Rates. Rule-Consequentialism’s problem of partial acceptance is more helpfully understood as an instance of the broader problem of selecting (...) the ideal code given various assumptions—assumptions about who will accept and comply with the rules, but also about how the rules will be taught and enforced, and how similar the future will be. Previous rich discussions about partial acceptance provide a taxonomy and groundwork for formulating the best version of Rule-Consequentialism. (shrink)

I introduce an account of when a rule normatively sustains a practice. My basic proposal is that a rule normatively sustains a practice when the value achieved by following the rule explains why agents continue following that rule, thus establishing and sustaining a pattern of activity. I apply this model to practices of belief management and identifies a substantive normative connection between knowledge and belief. More specifically, I proposes one special way that knowledge might set the (...) normative standard for belief: knowing is essentially the unique way of normatively sustaining cognition and, thereby, inquiry. In this respect, my proposal can be seen as one way of elaborating a “knowledge-first” normative theory. (shrink)

Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing (...) Expectation Rate Rule Utilitarianism, better solves partial acceptance problems. (shrink)

Brad Hooker; II*—Rule-Consequentialism, Incoherence, Fairness1, Proceedings of the Aristotelian Society, Volume 95, Issue 1, 1 June 1995, Pages 19–36, https://d.

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

The aim of this paper is to give an account of what it is to internalize a rule. I claim that internalization is the process of redistributing the burden of instruction from the teacher to the student. The process is complete when instruction is no longer needed, and the rule has reshaped perceptual classification of the circumstances in which it applies. Teaching a rule is the initiation of this process. We internalize rules by simulating instruction coming from (...) someone else. Running these simulations enables us to toggle between the perspective of the instructor and our own perspective. By doing this we coordinate our perspectives with that of the teacher. The account given here provides a deeper explanation of why internalizing a rule involves the dispositions and reactive attitudes proponents of Rule Consequentialism often say it does, why moral reflection is variably demanding, how intergenerational moral progress is made possible by our cognitive architectures, and why the adoption of a rule should be understood in terms of teaching that rule. (shrink)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

1. Do models formulated in programming languages use explicit rules where connectionist models do not? 2. Are rules as found in programming languages hard, precise, and exceptionless, where connectionist rules are not? 3. Do connectionist models use rules operating on distributed representations where models formulated in programming languages do not? 4. Do connectionist models fail to use structure sensitive rules of the sort found in "classical" computer architectures? In this chapter we argue that the answer to each of these questions (...) is negative. (shrink)

In her seminal article ‘Modern Moral Philosophy’ (1958) Elizabeth Anscombe argued that we need a new ethics, one that uses virtue terms to generate absolute prohibitions against certain act-types. Leading contemporary virtue ethicists have not taken up Anscombe's challenge in justifying absolute prohibitions and have generally downplayed the role of rule-following in their normative theories. That they have not done so is primarily because contemporary virtue ethicists have focused on what is sufficient for characterizing the deliberation and action of (...) the fully virtuous person, and rule-following is inadequate for this task. In this article, I take up Anscombe's challenge by showing that rule-following is necessary for virtuous agency, and that virtue ethics can justify absolute prohibitions. First, I offer a possibility proof by showing how virtue ethics can generate absolute prohibitions in three ways: by considering actions that directly manifest vice or that cannot be performed virtuously; actions that are prohibited by one's institutional roles and practical identities; and actions that are prohibited by the prescriptions of the wise. I then seek to show why virtue ethicists should incorporate rule-following and absolute prohibitions into their theories. I emphasize the central role that rules have in the development of virtue, then motivate the stronger view that fully virtuous agents follow moral rules by considering the importance of hope, uncertainty about consequences, and taking responsibility for what eventuates. Finally, I provide an account of what Anscombe called a ‘corrupt mind’, explaining how our understanding of virtue is corrupted if we think that virtue may require us to do vicious actions. (shrink)

Divine Attributes and their reflection in the flowing of history and its stages is one of the most important issues in the theoretical philosophy of history that has attracted the attention of philosophers of history. This issue has become doubly important because it relates to human free will and the extent and manner of his role in history. This article has tried to examine the three attributes: "Lordship", "Knowledge" and "Will" along with a description of the concept of "Fate and (...) Destiny" (Ghadza' and Ghadar) based on the words of Amir al-Mu'menin Ali (AS), especially in Nahj al-Balaghah, and besides explaining the concept of their sovereignty over the history, proves its incompatibility with determinism. The findings of this study indicate that in the view of Amir al-Mo'menin Ali (AS), if these attributes do not rule over the history, history will decline, and since according to the teachings of Islamic revelation, the free will of man, itself is one of the elements of historical events, believing in the dominance of these attributes does not limit the scope of human free will and formative authority. (shrink)

According to Amie Thomasson's Modal Normativism (MN), knowledge of metaphysical modality is to be explained in terms of a speaker’s mastery of semantic rules, as opposed to one’s epistemic grasp of independent modal facts. In this chapter, I outline (MN)'s account of modal knowledge (§1) and argue that more than semantic mastery is needed for knowledge of metaphysical modality. Specifically (§2), in reasoning aimed at gaining such knowledge, a competent speaker needs to further deploy essentialist principles and information. In response, (...) normativists might contend that a competent speaker will only need to appeal to specific independence counterfactuals, on analogy with quasi-realism about morality. These conditionals fix the meaning of our terms at the actual world, independently of the particular context in which a statement is evaluated. However, I show that this strategy causes several problems for the account (§3). While those problems might perhaps be avoided by endorsing a certain picture of modal metaphysics (Modal Monism), such a picture involves notorious issues that normativists will have to address (§4). It is thus doubtful that (MN) can explain knowledge of metaphysical modality. Still, it may explain some modal knowledge without committing to Modal Monism. As I show (§5), semantic mastery may suffice for gaining knowledge of logical-conceptual modality or analyticity. (shrink)

Abstract The paper explores responses to an inconsistent quartet of theses regarding rule-following. In addressing this inconsistent quartet, two lines of thought pull in opposite directions. On the one hand, it can seem that rule-following cannot require acts that shape or guide themselves or acts that require infinitely many similar acts. On the other hand, rule-following seems to require that we are responsible for our acts of rule-following in a special way. It is difficult to see (...) how these thoughts can be coherently combined. (shrink)

Bioethics seems preoccupied with establishing, debating, promoting and sometimes debunking principles. While these tasks trade on the status of the word ‘principle’ in our ordinary language, scant attention is paid to the way principles operate in language. In this paper, we explore how principles relate to rules and practices so as to better understand their logic. We argue that principles gain their sense and power from the practices which give them sense. While general principles can be, and are, establishable in (...) abstraction from specific practices, as they are in principlist bioethics, such principles are impotent as moral guides to action. We show that the purchase any principle has as a moral guide to action emerges from its indexical properties as a principle which has sense in a specific practice. The meaning of any principle is internal to the practice and context in which it is invoked and, therefore, principles are not kinds of master rule which dictate moral judgement in new contexts but rather chameleon-like rules which change with the contexture in which they are invoked. (shrink)

Normativists about belief hold that belief formation is essentially rule- or norm-guided. On this view, certain norms are constitutive of or essential to belief in such a way that no mental state not guided by those norms counts as a belief, properly construed. In recent influential work, Kathrin Glüer and Åsa Wikforss develop novel arguments against normativism. According to their regress of motivations argument, not all belief formation can be rule- or norm-guided, on pain of a vicious infinite (...) regress. I argue that the regress of motivations argument is unsuccessful: an appeal to the notion of blind rule-following, drawn from a plausible interpretation of Ludwig Wittgenstein’s remarks on rule-following, stops the regress of motivations in its tracks. (shrink)

Are norms of inquiry in tension with epistemic norms? I provide a (largely) negative answer, turning to a picture of epistemic practices as rule-governed games. The idea is that, while epistemic norms are correctness standards for the attitudes involved in epistemic games, norms of inquiry derive from the aims of those games. Attitudes that, despite being epistemically correct, are inadvisable regarding the goals of some inquiry are just like bad (but legal) moves in basketball or chess. I further consider (...) cases in which the aims of inquiry recommend breaking epistemic norms. I compare them to strategic infractions, which are common in many coherent games. Finally, I explore the connections between rules and aims in games and in inquiry. I show that in both cases respecting the rules is constitutively required for satisfying the aims of the practice. (shrink)

Aristotle offers several arguments in Physics viii.8 for his thesis that, when something moves back and forth, it does not undergo a single motion. These arguments occur against the background of a sophisticated theory, expounded in Physics v—vi, of the basic structure of motions and of other continuous entities such as times and magnitudes. The arguments in Physics viii.8 stand in a complex relation to that theory. On the one hand, Aristotle evidently relies on the theory in a (...) number of crucial steps. Yet in other steps he seems to contradict or misapply the theory. This situation offers the occasion to examine Aristotle’s views about some fundamentals in the metaphysics of motion, while also raising questions about the unity of the text which has come down to us as the Physics. (shrink)

In this essay, I seek to demonstrate the interplay of philosophical voices – particularly, that of a platonist voice and a community-agreement-view voice – that drives Wittgenstein’s rule-following dialectic forward; and I argue that each voice succumbs to a particular form of dialectical oscillation that renders its response to the problem of rule-following philosophically inadequate. Finally, I suggest that, by seeing and taking stock of the dilemma in which these responses to the skeptical problem are caught, we can (...) come to appreciate Wittgenstein’s own view of what might constitute a proper a response to the so-called problem of rule-following. This view can be preliminarily characterized by saying that Wittgenstein’s aim is to dissolve the temptation to philosophically rebut the skeptical challenge posed by the rule-following dialectic, an aim he achieves by revealing the semantic emptiness of the apparent sentences that raise the skeptical problem. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that (...) have to do with "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

This paper argues that the problematic of rule following in Wittgenstein's Philosophical Investigations and Heidegger's analysis of anxiety in Being and Time have analogous structures. Working through these analogies helps our interpretation of both of these authors. Contrasting sceptical and anti-sceptical readings of Wittgenstein helps us to resolve an interpretive puzzle about what an authentic response to anxiety looks like for Heidegger. And considering the importance of anxiety to Heidegger's conception of authenticity allows us to locate in Wittgenstein's later (...) philosophy a covert appeal to something resembling Heideggerian authenticity. (shrink)

In this paper, I present a game-theoretic solution to the rule-following paradox in terms of what I will call basic constitutive practices. The structure of such a practice P constitutes what it is to take part in P by defining the correctness conditions of our most basic concepts as those actions that lie on the correlated equilibrium of P itself. Accordingly, an agent S meant addition by his use of the term ‘+’ because S is taking part in a (...) basic constitutive practice of adding where quus-like answers are ruled out by not lying on the equilibrium. The resulting picture of language will preserve the objectivity and correctness conditions of meaning, all the while providing room for the community as a whole to make a mistake. I also argue that by accepting the account presented, we have a strong reason to reject the idea that language is rule-governed. (shrink)

The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition with (...) modified game rules. Players registered by his team amounted to an average of 13.8 players aged 9-12 years. The number of players who are willing to fill out the pleasure level questionnaire is 238 players. Each player was asked to fill out a questionnaire before and after the competition, the questionnaire was analyzed using the mean and percentage test technique. The results of data analysis showed the average score before participating in the competition was 4.10 while after participating in the competition it was 4.47, which means an increase of 8.88%. The results showed that the level of enjoyment of the players increased after participating in the competition. Modification of the rule of the game in competition affects the level of enjoyment of players in the interaction of youth soccer coaching. Coaches, administrators, and match organizers are expected to have a positive paradigm of thinking and policy making towards the organization of competitions for young soccer players. (shrink)

In this article, it is argued that existing democracies might establish popular rule even if Joseph Schumpeter’s notoriously unflattering picture of ordinary citizens is accurate. Some degree of popular rule is in principle compatible with apathetic, ignorant and suggestible citizens, contrary to what Schumpeter and others have maintained. The people may have control over policy, and their control may constitute popular rule, even if citizens lack definite policy opinions and even if their opinions result in part from (...) elites’ efforts to manipulate these opinions. Thus, even a purely descriptive, ‘realist’ account of democracy of the kind that Schumpeter professed to offer may need to concede that there is no democracy without some degree of popular rule. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. (...) Indeed, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

I address the question of whether naturalism can provide adequate means for the scientific study of rules and rule-following behavior. As the term "naturalism" is used in many different ways in the contemporary debate, I will first spell out which version of naturalism I am targeting. Then I will recall a classical argument against naturalism in a version presented by Husserl. In the main part of the paper I will sketch a conception of rule-following behavior that is influenced (...) by Sellars and Haugeland. I will argue that rule-following is an essential part of human nature and insist in the social dimension of rules. Moreover, I will focus on the often overlooked fact that genuine rule-following behavior requires resilience and presupposes an inclination to calibrate one's own behavior to that of the other members of the community. Rule-following, I will argue, is possible only for social creatures who follow shared rules, which in turn presupposes a shared (first-person plural) perspective. This implies, however, that our scientific understanding of human nature has to remain incomplete as long as it does not take this perspective, which prima facie seems alien to it, into account. (shrink)

This paper employs some outcomes (for the most part due to David Lewis) of the contemporary debate on the metaphysics of dispositions to evaluate those dispositional analyses of meaning that make use of the concept of a disposition in ideal conditions. The first section of the paper explains why one may find appealing the notion of an ideal-condition dispositional analysis of meaning and argues that Saul Kripke’s well-known argument against such analyses is wanting. The second section focuses on Lewis’ work (...) in the metaphysics of dispositions in order to call attention to some intuitions about the nature of dispositions that we all seem to share. In particular, I stress the role of what I call "Actuality Constraint". The third section of the paper maintains that the Actuality Constraint can be used to show that the dispositions with which ideal-condition dispositional analyses identify my meaning addition by "+" do not exist (in so doing, I develop a suggestion put forward by Paul Boghossian). This immediately implies that ideal-condition dispositional analyses of meaning cannot work. The last section discusses a possible objection to my argument. The point of the objection is that the argument depends on an illicit assumption. I show (1) that, in fact, the assumption in question is far from illicit and (2) that even without this assumption it is possible to argue that the dispositions with which ideal-condition dispositional analyses identify my meaning addition by "+" do not exist. (shrink)

This paper presents a new reconstruction of Wittgenstein’s famous (and controversial) rule-following arguments. Two are the novel features offered by our reconstruction. In the first place, we propose a shift of the central focus of the discussion, from the general semantics and the philosophy of mind to the philosophy of mathematics and the rejection of the notion of a function. The second new feature is positive: we argue that Wittgenstein offers us a new alternative notion of a rule (...) (to replace the rejected functions), a notion reminiscent of Category Theory’s notion of a morphism. (shrink)

The going-on problem (GOP) is the central concern of Wittgenstein's later philosophy. It informs not only his epistemology and philosophy of mind, but also his views on mathematics, universals, and religion. In section I, I frame this issue as a matter of accounting for intentionality. Here I follow Saul Kripke's lead. My departure therefrom follows: first, a criticism of Wittgenstein's “straight” conventionalism and, secondly, a defense of a solution Kripke rejects. I proceed under the assumption, borne out in the end, (...) that statements of rule-following have truth-conditions and are not, as Kripke seems willing to concede, merely "assertible" in circumstances of a specified sort. Ultimately, my goal is to demonstrate that intending can be understood in terms of an individual's dispositions rather than those of the community to which she belongs. (shrink)

Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how to (...) improve trade integration among Arab countries through more effective rules of origin. (shrink)

I criticize Yamada's account of rule-following. Yamada's conditions are not necessary. And he misses the deepest level of the rule-following considerations: how meaning rules come about.

In this paper, I examine Hume’s account of an important class of causal belief which he calls “general rules”. I argue that he understands general rules, like all causal beliefs, as lively ideas which are habitually associated with our impressions or memories. However, I argue, he believes that they are unlike any reflectively produced causal beliefs in that they are produced quickly and automatically, such that they occur independently of any other processes of reasoning. Given this, I argue, Hume appears (...) to understand general rules as relatively simple beliefs, expressible only via generic sentences, like “birds lay eggs”. (shrink)

In a recent paper, Tim Henning argues that the result that we should save the greatest number in rescue cases can be established on procedural grounds without making use of the aggregation of interests. He first argues that we ought to respect the affected persons' equal claims to have a say in the rescue decision and that this can only be achieved by the majority rule, which consists in giving each affected person an equal vote. Then he argues for (...) the second claim that if everyone votes in their self-interest, then the greatest number will be saved. I present a class of cases in which the second claim fails. This establishes that even if self-interested voting is assumed, the majority rule does not always lead to the greatest number being saved. (shrink)

As an indirect ethical theory, rule consequentialism first evaluates moral codes in terms of how good the consequences of their general adoption are and then individual actions in terms of whether or not the optimific code authorises them. There are three well-known and powerful objections to rule consequentialism’s indirect structure: the ideal world objection, the rule worship objection, and the incoherence objection. These objections are all based on cases in which following the optimific code has suboptimal consequences (...) in the real world. After outlining the traditional objections and the cases used to support them, this paper first constructs a new hybrid version of consequentialism that combines elements of both act and rule consequentialism. It then argues that this novel view has sufficient resources for responding to the previous traditional objections to pure rule consequentialism. (shrink)

Over the last decade, philosophers of science have extensively criticized the epistemic superiority of randomized controlled trials for testing safety and effectiveness of new drugs, defending instead various forms of evidential pluralism. We argue that scientific methods in regulatory decision-making cannot be assessed in epistemic terms only: there are costs involved. Drawing on the legal distinction between rules and standards, we show that drug regulation based on evidential pluralism has much higher costs than our current RCT-based system. We analyze these (...) costs and advocate for evaluating any scheme for drug regulatory tests in terms of concrete empirical benchmarks, like the error rates of regulatory decisions. (shrink)

ABSTRACTAmor fati—the love of fate—is one of many Nietzschean terms which seem to point towards a positive ethics, but which appear infrequently and are seldom defined. On a traditional understanding, Nietzsche is asking us to love whatever it is that happens to have happened to us—including all sorts of horrible things. My paper analyses amor fati by looking closely at Nietzsche's most sustained discussion of the concept—in book four of The Gay Science—and at closely related passages in that book. I (...) argue that by ignoring the context in which Nietzsche writes about amor fati in The Gay Science, we are liable to ignore several exegetical and philosophical problems with the traditional understanding of the term. I'll argue for a different interpretation which locates Nietzsche's amor fati within the philosophical project of The Gay Science and which copes better with the objections that plague the traditional view. (shrink)

I briefly consider why Descartes stopped work on the _Rules_ towards the end of my paper. My main concern is to accurately characterize the project represented in the _Rules_, especially in its relation to early-modern logic.