After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the economic (...) and political interaction in a society. Such a conceptualization of judicial interpretation and judicial decision-making would have to depart from rational choice modes of reasoning, and should instead focus on how human beings actually reason, learn and choose drawing from research in cognitive science. (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

The paper discusses different interpretations of Callicles and Thrasymachus’ positions. There are good reasons for interpreting Callicles as a critic of democracy and as an aristocratic political thinker whose political views are closer to Plato’s than is usually assumed. The paper argues that Callicles defends a natural right of the best citizens to rule over the crowd. However, in contrast to Plato, for Callicles the rule of the best should not aim at the common good but at their personal advantage. (...) The paper also discusses the view that Thrasymachus is just a sociologist of power who diagnoses what actually happens in politics (Henning Ottmann, Max Salomon). This interpretation is still current, and enables us to understand important aspects of legislation in contemporary democracies. Finally, the paper argues that there are reasons to understand Thrasymachus not only as a political realist, but, similar to Protagoras, as a moral sceptic. (shrink)

News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we (...) explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. (shrink)

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, (...) there is no tension between the principled approach to hearsay and the rule of law. (shrink)

The Born’s rule to interpret the square of wave function as the probability to get a specific value in measurement has been accepted as a postulate in foundations of quantum mechanics. Although there have been so many attempts at deriving this rule theoretically using different approaches such as frequency operator approach, many-world theory, Bayesian probability and envariance, literature shows that arguments in each of these methods are circular. In view of absence of a convincing theoretical proof, recently some researchers have (...) carried out experiments to validate the rule up-to maximum possible accuracy using multi-order interference (Sinha et al, Science, 329, 418 [2010]). But, a convincing analytical proof of Born’s rule will make us understand the basic process responsible for exact square dependency of probability on wave function. In this paper, by generalizing the method of calculating probability in common experience into quantum mechanics, we prove the Born’s rule for statistical interpretation of wave function. (shrink)

Elizabeth Karger has suggested an interpretation of Ockham's theory of the modes of common personal supposition ("TM") according to which the purpose of TM is to provide certain distinctions that Ockham will use in formulating a unified theory of immediate inference among certain kinds of sentences. Karger presents a single, powerful rule of inference that incorporates TM distinctions and that is meant to codify Ockham's theory of immediate inference. I raise an objection to Karger's rule, thereby calling into doubt (...) the interpretation of Ockham that is based on attributing that rule to him. (shrink)

This paper aims at showing that the generative-semantic framework is not essential to the proposal in H.J. Verkuyl On the Compositional Nature of the Aspects Reidel:Dordrecht 1972. Compositionality can be shown to be neutral as to the then-difference between generative-semantic and the interpretive-semantic branch of transformational grammar.

A familiar interpretation of quantum mechanics (one of a number of views sometimes labeled the "Copenhagen interpretation'"), takes its empirical apparatus at face value, holding that the quantum wave function evolves by the Schrödinger equation except on certain occasions of measurement, when it collapses into a new state according to the Born rule. This interpretation is widely rejected, primarily because it faces the measurement problem: "measurement" is too imprecise for use in a fundamental physical theory. We argue (...) that this is a weak objection, as there may be many ways of making "measurement" precise. However, measurement-collapse interpretations face a more serious objection: a dilemma tied to the quantum Zeno effect. Is measurement itself an observable that can enter superpositions? If yes, then the standard measurement-collapse dynamics is ill-defined. If no, then (at least if measurement is an observable), measurements can never start or finish. The best way out is to deny that measurement is an observable, but this leads to strong and revisionary consequences. This reinforces the view that there is no nonrevisionary interpretation of quantum mechanics. (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

The aim of the Schematism chapter of the Critique of Pure Reason is to solve the problem posed by the “inhomogeneity” of intuitions and categories: the sensible properties of objects represented in intuition are of a different kind than the properties represented by categories. Kant's solution is to introduce what he calls “transcendental schemata,” which mediate the subsumption of objects under categories. I reconstruct Kant's solution in terms of two substantive premises, which I call Subsumption Sufficiency (i.e., that subsuming an (...) object under a transcendental schema is sufficient to subsume it under the corresponding category) and Real Possibility (i.e., that it is really possible to subsume objects under each of the transcendental schemata). These two principles, together with a trivial modal one (the Subsumption-Possibility Link), entail that it is possible to subsume objects under categories; in other words, the argument of the Schematism is valid. The main work of the paper consists in reconstructing Kant's arguments for, and explanations of, these premises. I argue that they hinge on Kant's claim that transcendental schemata are “time-determinations,” which I interpret to mean: rules for reflexively representing the temporal relations among our own representational states. On the basis of this reading, I reconstruct Kant's argument for Subsumption Sufficiency, category by category. I also explain why Real Possibility follows almost immediately. Granting Kant the argument up to this point in the Critique, the argument of the Schematism is sound. (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)

Cajetan’s analogy theory is usually evaluated in terms of its fidelity to the teachings of Aquinas. But what if Cajetan was trying to answer questions Aquinas himself did not raise, and so could not help to answer? Cajetan’s De Nominum Analogia can be interpreted as intending to solve a particular semantic problem: to characterize the unity of the analogical concept, so as to defend the possibility of a non-univocal term’s mediating syllogistic reasoning. Aquinas offers various semantic characterizations of analogy, saying (...) it involves, for instance: signification per prius et posterius; or a ratio propria which is only found in one analogate; or diverse modi significandi with a common res significata. Examined in turn, it is clear that none of Aquinas’s rules for analogy solve the semantic problem described. Cajetan thus cannot be reasonably expected to have intended his analogy treatise primarily as an interpretation or systematization of Aquinas’s teaching on analogy. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we understand (...) the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

In his work on following a rule Wittgenstein discerned principles of interpretation that apply to commonsense psychology and psychoanalysis. We can use these to assess the cogency of psychoanalytic reasoning.

The article evaluates the Domain Postulate of the Classical Model of Science and the related Aristotelian prohibition rule on kind-crossing as interpretative tools in the history of the development of mathematics into a general science of quantities. Special reference is made to Proclus’ commentary to Euclid’s first book of Elements , to the sixteenth century translations of Euclid’s work into Latin and to the works of Stevin, Wallis, Viète and Descartes. The prohibition rule on kind-crossing formulated by Aristotle in Posterior (...) analytics is used to distinguish between conceptions that share the same name but are substantively different: for example the search for a broader genus including all mathematical objects; the search for a common character of different species of mathematical objects; and the effort to treat magnitudes as numbers. (shrink)

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The (...) third criticism renders pardo’s proposal redundant. a reconceptualization of second-order proof rules is offered. (shrink)

Kant’s Formula of Universal Law (FUL) is generally believed to require you to act only on the basis of maxims that you can will without contradiction to become universal laws. In “Contradiction and Kant’s Formula of Universal Law” (2017), I have proposed to read the FUL instead as requiring that, for any maxim on which you act, you can will two things simultaneously, without volitional self-contradiction: (1) willing the maxim as your own action principle and (2) willing that it become (...) a universal law. In the present essay, I reply to comments by Mark Timmons, Michael Walschots, Paola Romero, and Stefano Lo Re. In response to their comments concerning the application of the FUL, I expand the interpretive framework of the Volitional Self-Contradiction Interpretation. I argue that Kant also constructs the diagnostic volitional self-contradiction as a contradiction between (1) willing a tested maxim to become a universal law and (2) willing what humans, qua finite rational beings, necessarily will, namely the means to their actual and possible future ends. I also clarify how the two ways in which Kant specifies the test are related. Furthermore, I clarify the relation between the Volitional Self-Contradiction interpretation and other interpretations of the FUL, in particular the ‘Practical Contradiction’ and ‘Logical Contradiction’ interpretations, as well as its difference from the Golden Rule. I also address the objection that the volitional self-contradiction is superfluous, clarify the relation between the Formula of Universal Law and the Formula of the Law of Nature, and explain why the will of an immoral agent does not contain a volitional self-contradiction of the type at issue. (shrink)

We summarize a new realist, unextravagant interpretation of quantum theory that builds on the existing physical structure of the theory and allows experiments to have definite outcomes but leaves the theory's basic dynamical content essentially intact. Much as classical systems have specific states that evolve along definite trajectories through configuration spaces, the traditional formulation of quantum theory permits assuming that closed quantum systems have specific states that evolve unitarily along definite trajectories through Hilbert spaces, and our interpretation extends (...) this intuitive picture of states and Hilbert-space trajectories to the more realistic case of open quantum systems despite the generic development of entanglement. Our interpretation—which we claim is ultimately compatible with Lorentz invariance—reformulates wave-function collapse in terms of an underlying interpolating dynamics, makes it possible to derive the Born rule from deeper principles, and resolves several open questions regarding ontological stability and dynamics. (shrink)

In Wittgenstein on Rules and Private Language, Saul Kripke presents a controversial skeptical argument, which he attributes to Wittgenstein’s interlocutor in the Philosophical Investigations [PI]. The argument purports to show that there are no facts that correspond to what we mean by our words. Kripke maintains, moreover, that the conclusion of Wittgenstein’s so-called private language argument is a corollary of results Wittgenstein establishes in §§137-202 of PI concerning the topic of following-a-rule, and not the conclusion of an independently developed (...) argument in §§243ff of PI, as most commentators take it to be. In this work, I assess Kripke’s skeptical argument both in its own right, and as an interpretation of the rule-following sections of PI. In its own right, I try to show that it is critically flawed. However, as an interpretation of the rule-following sections of PI, I try to show that it is essentially correct. I do this by showing that Kripke’s interpretation squares with and supports the meta-philosophical framework developed by Wittgenstein in §§107-136 of PI, which immediately precedes his remarks on following-a-rule. (Oct 16, 2008. Committee: Paul Horwich, Galen Strawson, Stephen Neale, Michael Levin) -/- . (shrink)

We introduce a realist, unextravagant interpretation of quantum theory that builds on the existing physical structure of the theory and allows experiments to have definite outcomes but leaves the theory’s basic dynamical content essentially intact. Much as classical systems have specific states that evolve along definite trajectories through configuration spaces, the traditional formulation of quantum theory permits assuming that closed quantum systems have specific states that evolve unitarily along definite trajectories through Hilbert spaces, and our interpretation extends this (...) intuitive picture of states and Hilbert-space trajectories to the more realistic case of open quantum systems despite the generic development of entanglement. We provide independent justification for the partial-trace operation for density matrices, reformulate wave-function collapse in terms of an underlying interpolating dynamics, derive the Born rule from deeper principles, resolve several open questions regarding ontological stability and dynamics, address a number of familiar no-go theorems, and argue that our interpretation is ultimately compatible with Lorentz invariance. Along the way, we also investigate a number of unexplored features of quantum theory, including an interesting geometrical structure—which we call subsystem space—that we believe merits further study. We conclude with a summary, a list of criteria for future work on quantum foundations, and further research directions. We include an appendix that briefly reviews the traditional Copenhagen interpretation and the measurement problem of quantum theory, as well as the instrumentalist approach and a collection of foundational theorems not otherwise discussed in the main text. (shrink)

A reply to Melissa Lane's "Antianarchia: interpreting political thought in Plato" In these comments I focus on how to think of antianarchia as an element of Plato's political thought, and in doing so raise some methodological questions about how to read Plato’s dialogues, focusing on what is involved in attributing views to Plato in general.

Disjunctivist views in the theory of perception hold that genuine perceptions differ in some relevant kind from misperceptions, such as illusions and hallucinations. In recent papers, Tyler Burge has argued that such views conflict with the basic tenets of perceptual psychology. According to him, perceptual psychology is committed to the view that genuine perceptions and misperceptions produced by the same proximal stimuli must be or involve perceptual states of the same kind. This, he argues, conflicts with disjunctivism. In this paper, (...) I defend epistemological disjunctivism from Burge’s inconsistency charge. To this end, I survey the perceptual psychological literature, and reveal that the perceptual kinds they tend to employ differ from and imply nothing about the kinds at issue for the epistemological disjunctivist. I then argue that Burge’s concerns with epistemological disjunctivism are best interpreted as motivated not by his commitment to empirical science, but instead by his views in epistemology and about human rationality. (shrink)

Most of us are either philosophically naïve scientists or scientifically naïve philosophers, so we misjudged Schrödinger’s “very burlesque” portrait of Quantum Theory (QT) as a profound conundrum. The clear signs of a strawman argument were ignored. The Ontic Probability Interpretation (TOPI) is a metatheory: a theory about the meaning of QT. Ironically, equating Reality with Actuality cannot explain actual data, justifying the century-long philosophical struggle. The actual is real but not everything real is actual. The ontic character of the (...) Probable has been elusive for so long because it cannot be grasped directly from experiment; it can only be inferred from physical setups that do not morph it into the Actual. In this Part III, Born’s Rule and the quantum formalism for the microworld are intuitively surmised from instances in our macroworld. The posited reality of the quanton’s probable states and properties is probed and proved. After almost a century, TOPI aims at setting the record straight: the so-called ‘Basis’ and ‘Measurement’ problems are ill-advised. About the first, all bases are legitimate regardless of state and milieu. As for the second, its premise is false: there is no need for a physical ‘collapse’ process that would convert many states into a single state. Under TOPI, a more sensible variant of the ‘measurement problem’ can be reformulated in non-anthropic terms as a real problem. Yet, as such, it is not part of QT per se and will be tackled in future papers. As for the mythical cat, the ontic state of a radioactive nucleus is not pure, so its evolution is not governed by Schrödinger’s equation – let alone the rest of his “hellish machine”. Einstein was right: “The Lord is subtle but not malicious”. However, ‘The Lord’ turned out to be much subtler than what Einstein and Schrödinger could have ever accepted. Part IV introduces QR/TOPI: a new theory that solves the century-old problem of integrating Special Relativity with Quantum Theory [1]. (shrink)

When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding (...) a psychological element to a regularity of behaviour can we speak of customary international law. That is, opinio juris performs a function of generating both legality and normativity of practices. -/- The article challenges this view by drawing on jurisprudential ideas that define practices as inherently normative. State practices are normative regardless of opinio juris, otherwise they are not practices at all. This view allows to differentiate between two instances of interpretation of customary international law. One is focused on clarification of the normative content of state practices, another is focusing on identification of these practices as legal ones. -/- Interpretation as clarification involves assessing structures of practical reasoning inherent in given practices. Drawing on Joseph Raz's theory of normativity, the article suggests that interpretation of customary rules implies establishing connections between first- and second-order reasons that form the practice and give it meaning. This entails that interpretation of customary international law focuses on dynamics of reasons, their inclusion and exclusion within an existing normative framework. That is, evolutive interpretation of customary international law is not only possible, it is inevitable. -/- Interpretation as identification does not focus on the normative content of practices, but rather involves showing that existing second-order reasons meet a threshold of legal validity. This threshold may take shape of opinio juris, but may as well be treated functionally, when legality of a practice is linked to its relevance in a broader set of legal practices. (shrink)

There is a large and growing literature on communal interpretive resources: the concepts, theories, narratives, and so on that a community draws on in interpreting its members and their world. (They're also called “hermeneutical resources” in some places and “epistemic resources” in others.) Several recent contributions to this literature have concerned dominant and resistant interpretive resources and how they affect concrete lived interactions. In this article, I note that “using” interpretive resources—applying them to parts of the world in conversation with (...) others—is “a rule‐governed activity”; and I propose that in oppressive systems, these rules are influenced by the rules of oppression. Section I clarifies some rules governing the use of resources. Section II draws on work by Gaile Pohlhaus, Jr. and others to suggest that according to the present rules of our oppressive system, it is permissible for dominantly situated speakers to dismiss interpretive resources developed in marginalized communities. Section III appeals to Charles Mills's work on White ignorance to propose, further, that our system's rules make it impermissible and deserving of punishment to use resistant resources. The conclusion enumerates several further points about such rules governing the use of interpretive resources, their social effects, and some philosophical literatures. (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)

Wittgenstein’s later works are full of questions about the timing and duration of mental phenomena. These questions are often awkward ones, and Wittgenstein seems to take their awkwardness to be philosophically revealing, but if we ask what it is that these questions reveal then different interpretations are possible. This paper suggests that there are at least six different ways in which the timing of mental phenomena can be awkward. By identifying these we can give sense to some of Wittgenstein’s more (...) cryptic remarks, and doing this enables us to clarify some obscure elements in his picture of the mind, including the distinction between sensations and feelings, and his account of the rational status of those processes out of which rule-following is built. (shrink)

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism (...) provides the best account of deontic constraints. (shrink)

Wittgenstein's arguments about rule-following and private language turn both on interpretation and what he called our 'pictures' of the mind. His remarks about these can be understood in terms of the conceptual metaphor of the mind as a container, and enable us to give a better account of physicalism.

Kant’s theory of cognition aimed to explain the possibility of scientific knowledge. Aesthetics and life science were not considered by Kant in the context of cognition. By contrast, Cassirer set himself a philosophical task to extend Kant’s theory of cognition to all forms of culture, including pre-scientific knowledge and aesthetics. The present study demonstrates how Cassirer explained the possibility of different objective forms, named symbolic, by employing and transforming Kant’s theory of cognition. For this goal, Cassirer took the following steps: (...) modified the definitions of a priori synthesis (the act of understanding) and pure intuition (the forms of space and time) - main building blocks of Kant’s cognition; indicated the necessary correlation of intuition and synthesis; characterized a priori synthesis and the intuition as notions which include contradicted meanings. Cassirer called this contradiction “twofold oppositions” as characteristic of a priori synthesis. The first argument of the article is that the possibility of various synthetic acts is rooted in the nature of a priori synthesis which carries together two different meanings: the act of uniting elements and the initial unity. One synthetic act forms the world of nature and is connected to scientific space and time, and the other is the product of immediate perceptional space and time, from which the world of myth and aesthetics appears. Thus, Cassirer expanded the scope of “pure” synthesis. The second argument is that Cassirer specified a priori synthesis and pure intuition as a functional concept. The functional concept belongs to the model of concept as-relation that Cassirer has elaborated. It includes moments that are separated and united simultaneously. This definition of concept breaks the rules of consistency. The concept of as-relation justifies the contradictory characteristics of a priori synthesis and pure intuition, which include both the combination of moments in a synthesizing act and the initial unity of intuition. (shrink)

Logical inferentialism maintains that the formal rules of inference fix the meanings of the logical terms. The categoricity problem points out to the fact that the standard formalizations of classical logic do not uniquely determine the intended meanings of its logical terms, i.e., these formalizations are not categorical. This means that there are different interpretations of the logical terms that are consistent with the relation of logical derivability in a logical calculus. In the case of the quantificational logic, the (...) categoricity problem is generated by the finite nature of the standard calculi and one direction in which it can be solved is to strengthen the deductive systems by adding infinite rules (such as the ω-rule), i.e., to construct a full formalization. Another main direction is to provide a natural semantics for the standard rules of inference, i.e., a semantics for which these rules are categorical. My aim in this paper is to analyze some recent approaches for solving the categoricity problem and to argue that a logical inferentialist should accept the infinite rules of inference for the first order quantifiers, since our use of the expressions “all” and “there is” leads us beyond the concrete and finite reasoning, and human beings do sometimes employ infinite rules of inference in their reasoning. (shrink)

This thesis is a critical and comparative study of four commentators on the later Wittgenstein’s rule following considerations. As such its primary aim is exegetical, and ultimately the thesis seeks to arrive at an enriched understanding of Wittgenstein’s work through the distillation of the four commentators into what, it is hoped, can be said to approach a definitive interpretation, freed of their individual frailties. -/- The thesis commences by explicating the position of Kripke’s Wittgenstein. He draws our attention to (...) the ‘sceptical problem’ of how we are to resolve the apparently paradoxical situation that whilst we seem to use language meaningfully, there is no fact about us that constitutes our meaning one thing as opposed to something else, and consequently the possibility of our actually meaning anything seems to evaporate. Kripke interprets Wittgenstein as accepting the validity of the sceptical problem, but seeking to establish that the force of the problem is radically diminished because the justification which it has shown to be unobtainable is actually unnecessary for rule following to take place. -/- McDowell tries to show that Kripke is mistaken when he views Wittgenstein as endorsing scepticism in this way, because he sees Kripke as failing to appreciate a section of Philosophical Investigations which suggests that one ought to reject the sceptical paradox by correcting the misunderstanding which gives rise to it. McDowell reads Wittgenstein’s claim as being that we mistakenly think we are caught in a dilemma which requires us either to endorse the sceptical paradox or to subscribe to a mythological picture of rule following; whereas, so the thought goes, we must reject the entire dilemma. -/- Although McDowell’s criticism of Kripke is essentially correct, he is motivated to that criticism by an incorrect reading of Wittgenstein. Central to this misinterpretation is his failure to note Wittgenstein’s belief that universal scepticism is nonsensical. Winch does much to flesh out the nature of Wittgenstein’s claim here, although he makes the mistake of attributing to Kripke that position which the latter finds in Philosophical Investigations. Despite inheriting this error from Winch, Diamond nonetheless improves on his attempt to characterize the shortcomings of Kripke’s reading as an interpretation of Wittgenstein, enabling the thesis to reach a conclusion about Wittgenstein’s understanding of rule following. (shrink)

Linguistic competence, in general terms, involves the ability to learn, understand, and speak a language. The nativist view in the philosophy of linguistics holds that the principal foundation of linguistic competence is an innate faculty of linguistic cognition. In this paper, close scrutiny is given to nativism's fundamental commitments in the area of metaphysics. In the course of this exploration it is argued that any minimally defensible variety of nativism is, for better or worse, married to two theses: linguistic competence (...) is grounded in a faculty of linguistic cognition that is (i) embodied and (ii) whose operating rules are represented in the brains of human language users. (shrink)

We provide a derivation of the Born Rule in the context of the Everett (Many-Worlds) approach to quantum mechanics. Our argument is based on the idea of self-locating uncertainty: in the period between the wave function branching via decoherence and an observer registering the outcome of the measurement, that observer can know the state of the universe precisely without knowing which branch they are on. We show that there is a uniquely rational way to apportion credence in such cases, which (...) leads directly to the Born Rule. Our analysis generalizes straightforwardly to cases of combined classical and quantum self-locating uncertainty, as in the cosmological multiverse. (shrink)

I examine and resolve an exegetical dichotomy between two main interpretations of Peirce’s theory of abduction, namely, the Generative Interpretation and the Pursuitworthiness Interpretation. According to the former, abduction is the instinctive process of generating explanatory hypotheses through a mental faculty called insight. According to the latter, abduction is a rule-governed procedure for determining the relative pursuitworthiness of available hypotheses and adopting the worthiest one for further investigation—such as empirical tests—based on economic considerations. It is shown that the (...) Generative Interpretation is inconsistent with a fundamental fact of logic for Peirce—i.e., abduction is a kind of inference—and the Pursuitworthiness Interpretation is flawed and inconsistent with Peirce’s naturalistic explanation for the possibility of science and his view about the limitations of classical scientific method. Changing the exegetical locus classicus from the logical form of abduction to insight and economy of research, I argue for the Unified Interpretation according to which abduction includes both instinctive hypotheses-generation and rule-governed hypotheses-ranking. I show that the Unified Interpretation is immune to the objections raised successfully against the Generative and the Pursuitworthiness interpretations. (shrink)

This paper is about what we call Deontically-flavored Nominal Constructions (DNCs) in English, such as "No ice cream" or "Dogs on leash only". DNCs are often perceived as commands and have been argued to be a type of non-canonical imperative, much like root infinitives in German or Russian. We argue instead that DNCs at their core are declaratives that cite a rule but can be used performatively in the right context. We propose that DNCs contain an elided deontic modal, i.e., (...) allowed, whose presence explains their distributional restrictions and interpretational properties. Among other things, we speculate on the licensing conditions of DNCs (the presence of 'only' or the negative determiner 'no'), suggesting that these are tied to the properties of discourses in which rules can be used naturally. (shrink)

I examine the passages where Aristotle maintains that intellectual activity employs φαντάσματα (images) and argue that he requires awareness of the relevant images. This, together with Aristotle’s claims about the universality of understanding, gives us reason to reject the interpretation of Michael Wedin and Victor Caston, on which φαντάσματα serve as the material basis for thinking. I develop a new interpretation by unpacking the comparison Aristotle makes to the role of diagrams in doing geometry. In theoretical understanding of (...) mathematical and natural beings, we usually need to employ appropriate φαντάσματα in order to grasp explanatory connections. Aristotle does not, however, commit himself to thinking that images are required for exercising all theoretical understanding. Understanding immaterial things, in particular, may not involve employing phantasmata. Thus the connection that Aristotle makes between images and understanding does not rule out the possibility that human intellectual activity could occur apart from the body. (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)

Davidson's account of interpretation is closely related to that offered by Wittgenstein in his remarks on following a rule.

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule (...) as a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

This article responds to a case-based argument by Mark Richard that rule of reference is not essential to meaning. It objects that the argument requires shifting between understanding the relevant term in the case, ‘marriage,’ as a determinable, in order to support one premise, and a determinate, in order to support another. On no univocal interpretation can both premises be made true.

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices (...) that constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...) law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

We propose to understand the global financial crisis of 2008 as an historical event marked by public decisions, economic evaluations and ratings, and business practices driven by a sense of subjugation to powerful others, uncritical conformity to serendipitous rules, and a levelling down of all meaningful differences. The crisis has also revealed two important things: that the free-market economy has inherent problems highlighting the limits of (financial) business, and, consequently, that the business organisation is not as strong as is (...) usually assumed. We reconstruct some of the most dramatic events of that time by using the narratives of two former Lehman Brothers insiders. We then provide an interpretation of that world by using Heidegger’s notions of being and care. Our investigation uncovers persistent inauthentic relationships nourished by the public structure of the financial market, which, drawing on Heidegger, we call the they. In the financial market the what of the world becomes more important than authentic being and self. But a hitch-free switch to authenticity becomes possible through anxiety and the call of conscience. (shrink)

In this paper we will try to show the differences between Quine’s and Gibson’s interpretation of the naturalized epistemology project. Namely, although Gibson points out that the genetic approach advocated by Quine is the best strategy there is to investigate the relations between evidence and theory, and that externalizing of empiricism that it requires is one of Quine’s major philosophical contributions, we argue that the assumptions on which Gibson’s project is based, apart from the fact that they are in (...) conflict with some strongly held intuitions, would have to be essentially different from Quine’s. In other words, contrary to Quine’s position within which we have the possibility of staying on more moderate, and in our opinion, more plausible behavioristic line of approach, we will try to show that one of the consequences of Gibson’s interpretation is that this possibility is ruled out in Gibson’s case. On the other hand, this should enable us to draw some more radical conclusions about the nature of Quine’s epistemological project. (shrink)

In this essay, I suggest that Spinoza acknowledges a distinction between formal reality that is infinite and timelessly eternal and formal reality that is non-infinite (i. e., finite or indefinite) and non-eternal (i. e., enduring). I also argue that if, in Spinoza’s system, only intelligible causation is genuine causation, then infinite, timelessly eternal formal reality cannot cause non-infinite, non-eternal formal reality. A denial of eternal-durational causation generates a puzzle, however: if no enduring thing – not even the sempiternal, indefinite individual (...) composed of all finite, enduring things – is caused by the infinite, eternal substance, then how can Spinoza consistently hold that the one infinite, eternal substance is the cause of all things and that all things are modes of that substance? At the end of this essay, I sketch how Spinoza could deny eternal-durational causation while still holding that an infinite, eternal God is the cause of all things and that all things are modes. I develop the interpretation more in the companion essay.1 1 In “Spinoza’s Monism II,” in the next issue of this journal. (shrink)

The paper presents a phenomenological approach to recent debates in the philosophy of language about rule-following and the normativity of meaning, a debate that can be traced to Ludwig Wittgenstein’s Philosophical Investigations but that was given new life with Saul Kripke’s Wittgenstein on Rules and Private Language. Taking a cue from Hannah Ginsborg’s recent work on “primitive normativity,” I use some of Husserl’s own comments about meaning and the status of rules to sketch a solution to Kripke’s rule-following (...) paradox by appealing to a kind of normativity at the level of perception and intersubjective embodiment. This level of normativity arises, like Ginsborg’s, via a primitive kind of judgment that does not presuppose linguistic or conceptual mastery. Unlike for Ginsborg, however, for Husserl this level should still be understood in terms of meaning—just not in the standard linguistic or conceptual senses prominent in the Anglo-American philosophical tradition in which the rule-following debates have occurred. My interpretation thus also demonstrates how Husserl’s account bypasses certain presuppositions about meaning common in the period of the linguistic turn—presuppositions also questioned, in different ways, by Wittgenstein, by Kripke, and by Ginsborg. (shrink)

This paper formalizes part of the cognitive architecture that Kant develops in the Critique of Pure Reason. The central Kantian notion that we formalize is the rule. As we interpret Kant, a rule is not a declarative conditional stating what would be true if such and such conditions hold. Rather, a Kantian rule is a general procedure, represented by a conditional imperative or permissive, indicating which acts must or may be performed, given certain acts that are already being performed. These (...) acts are not propositions; they do not have truth-values. Our formalization is related to the input/ output logics, a family of logics designed to capture relations between elements that need not have truth-values. In this paper, we introduce KL3 as a formalization of Kant’s conception of rules as conditional imperatives and permissives. We explain how it differs from standard input/output logics, geometric logic, and first-order logic, as well as how it translates natural language sentences not well captured by first-order logic. Finally, we show how the various distinctions in Kant’s much-maligned Table of Judgements emerge as the most natural way of dividing up the various types and sub-types of rule in KL3. Our analysis sheds new light on the way in which normative notions play a fundamental role in the conception of logic at the heart of Kant’s theoretical philosophy. (shrink)