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)

Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely originate with (...) human beings; yet human beings must involve themselves nonetheless in laying law down. Trustworthy lawgivers must revere the gods while at the same time emulating them, must somehow make law themselves while regarding that very task as beyond their ken. Although the political psychology of lawfulness would therefore seem incoherent, I conclude by surveying reasons for thinking this inference unwarranted. (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)

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)

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.

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)

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)

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)

One of the most common ancient moral teachings of considering oneself as equal with others is called the Golden Rule, which has long been the focus of different schools in time and world. This rule, as an important moral value and norm, by "adopting another perspective" (perspective_taking) causes the mutual understanding of individuals and is the cornerstone of other moral standards. . The implementation of this rule requires accurate knowledge of the needs, good and evil of others with one's own (...) conscience. In fact, to implement this rule, one must imagine oneself in another position, which causes a kind of epistemological-motivational empathy. The golden rule means "treat others as you would like to be treated" and the golden rule "do not like what others do not like for themselves" is explicitly or with different interpretations in Nahj al-Balaghah. This research uses a descriptive and analytical method and through the collection of library information to try to explain the different interpretations of the golden and silver rules in Nahj al-Balagheh. According to the results of this study, fairness, justice, compassion, identification of self-interests with others, forgiveness, meeting with different sections of society and self-discipline are among the conceptual forms of the golden rule in the words of Amir. (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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

Tradition has it that first-person thought is somehow special. It is also commonplace to maintain that the first-person concept obeys a rule of reference to the effect that any token first-person thought is about the thinker of that thought. Following Annalisa Coliva and, more recently, Santiago Echeverri, I take the specialness claim to be the claim that thinking a first-person thought comes with a certain guarantee of its pattern of reference. Echeverri maintains that such a guarantee is explained by a (...) fairly flatfooted interpretation of the thinker-reflexive rule. I argue, however, that the explanatory aspirations of the thinker-reflexive rule are fulfilled only if we accept an epistemically loaded gloss on the notion of a thinker of a thought featuring the rule. That gloss is unpacked in terms of the subject’s ability to be acquainted with the phenomenal character of their thoughts. (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.

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)

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.

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)

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)

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 infinitary 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 infinitary 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 infinitary rules of inference in their reasoning. (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)

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

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.

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)

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)

Should priority in the allocation of organs be given to those who have previously donated or declared their willingness to do so? This article examines the Israeli priority rule in light of two prominent critiques of priority rules, pertaining to failure to reciprocate and unfairness. The scope and content of these critiques are interpreted from the perspective of equality of opportunity. Because the Israeli priority rule may be reasonably criticized for unfairness and failing to reward certain behaviors, the article (...) develops an adjusted priority rule, which removes and adjust the elements in the Israeli priority rule deemed problematic. However, such a priority rule is complex to the extent that it may fail to increase donation rates and furthermore introduce new concerns of fairness, as the better off may be better able to navigate the complex adjusted priority rule. (shrink)

This article is devoted to thirtieth anniversary of the first publication in 1982 Saul Kripke's book "Wittgenstein on rules and private language". Radical skeptical interpretation of the work 'late' Ludwig Wittgenstein proposed by Saul Kripke in this book is considered one of the most famous "puzzle" of modern philosophy of language, which has become a source of much debate and discussion on the nature of the linguistic sign and its meaning. This article examines some of the consequences of (...) a radical version of skeptical 'rule-following' paradox by Saul Kripke, which remain in force and effect for finite functions and limited linguistic registers 'Ad finitum'. Thereby questioned the widely held view among analytic philosophers that the skeptical core for Saul Kripke's 'rule-following' paradox is argument 'Ad infinitum' (an inherent source of skepticism for our intention to follow the rule is concluded in itself situation of mastering for us endless function on the limited set of examples), and thus any direct or even moderate solutions of this paradox would be focused to its elimination. Thus proved that including for the field of finite functions and languages described theirs the skeptical force of 'rule-following' paradox itself completely saves. Moreover, undertaken in this article analysis detects a very quaint phenomenon to the field of language registers 'Ad finitum' - the effect of 'replication' (in the using of a linguistic phrase is always a n-th set of empirically equivalent but logically incompatible and even non-identical languages which it belongs). Study of the phenomenon of replication leads to a number of important remarks on many critics of Saul Kripke's skeptical paradox, in particular the famous Oxford philosopher Gordon Baker and Peter Hacker. Thus the concept of 'community speakers' has been called by Saul Kripke for skeptical solution to paradox of him own cannot be eliminated by the concept of 'share' and 'shareable' languages proposed for this aim by Gordon Baker and Peter Hacker. Despite the criticism the skeptical paradox 'rule-following' by Saul Kripke is still the center of attention and remains influential in modern philosophy of language and the meaning theory. (shrink)

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)

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)

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 the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. The Parc de La Villette (...) represents the last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Bernard Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Jacques Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Peter Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, Absolute Otherness (tout autre) and the Impossibile were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others). Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

This essay presents a point of view for looking at `free will', with the purpose of interpreting where exactly the freedom lies. For, freedom is what we mean by it. It compares the exercise of free will with the making of inferences, which usually is predominantly inductive in nature. The making of inference and the exercise of free will, both draw upon psychological resources that define our ‘selves’. I examine the constitution of the self of an individual, especially the involvement (...) of personal beliefs, personal memories, affects, emotions, and the hugely important psychological value-system, all of which distinguish the self of one individual from that of another. The foundational position that adopted in this essay is that all psychological processes are correlated with corresponding ones involving large scale neural aggregates in the brain, communicating with one another through wavelike modes of excitation and de-excitation. Of central relevance is the value-network around which the affect system is organized, the latter, in turn, being the axis around which is assembled the self, with all its emotional correlates. The self is a complex system. I include a brief outline of what complexity consists of. In reality all systems are complex, for complexity is ubiquitous, and certain parts of nature appear to us to be ‘simple’ only in certain specific contexts. It is in this background that the issue of determinism is viewed in this essay. Instead of looking at determinism as a grand principle entrenched in nature independent of our interpretation of it, I look at our ability to explain and to predict events and phenomena around us, which is made possible by the existence of causal links running in a complex course that set up correlations between diverse parts of nature, in this way putting the stamp of necessity on these events. However, the complexity of systems limits our ability to explain and to predict to within certain horizons defined by contexts. Our ability to explain and predict in matters relating to acts of free will is similarly limited by the operations of the self that remain hidden from our own awareness. The aspects of necessity and determinism appear to us in the form of reason and rationality that explain and predict only within a limited horizon, while the rest depends on the complex operation of self-linked psychological resources, where the latter appear as contingent in the context of the exercise of free will. The hallmark of complex systems is the existence of amplifying factors that operate as destabilizing ones, along with inhibiting or stabilizing factors as well that generally limit the destabilizing influences to local occurrences, while preserving the global integrity of a system. This complex interplay of destabilizing and stabilizing influences lead to the possibility of an enormous number of distinct modes of behavior that appear as emergent phenomena in complex systems. Looking at the particular case of the self of an individual that guide her actions and thoughts, it is the operation of our emotions, built around the psychological value-system, that provide for the amplifying and inhibiting factors mentioned above. The operation of these self-linked factors stamps our actions and thoughts as contingent ones that do not fit with our concepts of reason and rationality. And this is what provides the basis of our idea of free will. Free will is not ‘free’ in virtue of exemption from causal links running through all our self-based processes - ones that remain hidden from our awareness, but is free of what is perceived to be ‘reason and rationality’ based on knowledge and the common pool of beliefs and principles associated with a shared world-view. When we speak of the choice involved in an act of exercise of free will what we actually refer to is the commonly observed fact that various different individuals of a similar disposition respond differently when placed under similar circumstances. In other words, free will is ‘free’ precisely because it is not subject to constraints of a commonly accepted and shared set of principles, beliefs, and values. While it is possible that, in an exercise of free will, the self-linked psychological resources are brought into action when a number of alternatives are presented to the self by the operation of the ingredients of a commonly shared world-view, it seems likely that, that set of alternatives is not of primary relevance in the final response that the mind produces, since the latter is primarily a product of the operation of the self-based psychological resources. What is of greater relevance here is the operation of emotion-driven processes, guided by the psychological value-system based on the activity of the so-called reward-punishment network in the brain. These processes lead the individual to a response that appears to be free from the shackles of determinism precisely because their mechanisms, which are hidden from us, do not conform to commonly accepted and shared rules and principles. In contrast, inductive inference is a process that is based on the ‘cognitive face’ of self, where the self-based psychological resources play a supportive role to the commonly shared world-view of an individual. There is never any freedom from the all-pervading causal links representing correlations among all objects, entities, and events in nature. In the midst of all this, the closest thing to freedom that we can have in our life comes with self-examination and self-improvement. The possibility of self-examination appears in the form of specific conjunctions between our complex self-processes and the ceaseless changes of scenario in our external world. This actually makes the emergent phenomenon of self-examination a matter of chance, but one that keeps on appearing again and again in our life. Once realized, self examination creates possibilities that would not be there in the absence of it, and these possibilities include the enhancement of further self-enrichment and further diversity in the exercise of our free will. (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)

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)

How should a machine intelligence perform unsupervised structure discovery over streams of sensory input? One approach to this problem is to cast it as an apperception task [1]. Here, the task is to construct an explicit interpretable theory that both explains the sensory sequence and also satisfies a set of unity conditions, designed to ensure that the constituents of the theory are connected in a relational structure. However, the original formulation of the apperception task had one fundamental limitation: it assumed (...) the raw sensory input had already been parsed using a set of discrete categories, so that all the system had to do was receive this already-digested symbolic input, and make sense of it. But what if we don't have access to pre-parsed input? What if our sensory sequence is raw unprocessed information? The central contribution of this paper is a neuro-symbolic framework for distilling interpretable theories out of streams of raw, unprocessed sensory experience. First, we extend the definition of the apperception task to include ambiguous (but still symbolic) input: sequences of sets of disjunctions. Next, we use a neural network to map raw sensory input to disjunctive input. Our binary neural network is encoded as a logic program, so the weights of the network and the rules of the theory can be solved jointly as a single SAT problem. This way, we are able to jointly learn how to perceive (mapping raw sensory information to concepts) and apperceive (combining concepts into declarative rules). (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)

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 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)

The first aim of this paper is to prove a topological completeness theorem for a weak version of Stalnaker’s logic KB of knowledge and belief. The weak version of KB is characterized by the assumption that the axioms and rules of KB have to be satisfied with the exception of the axiom (NI) of negative introspection. The proof of a topological completeness theorem for weak KB is based on the fact that nuclei (as defined in the framework of point-free (...) topology) give rise to a profusion of topological belief operators that are compatible with the familiar topological knowledge operator. Thereby a canonical topological model for weak KB can be constructed. For this canonical model a truth lemma for the K and B holds such that a completeness theorem for KB can be proved in the familiar way. The second aim of this paper is to show that the topological interpretation of knowledge K comes along with a complete Heyting algebra of belief operators B that all fit the knowledge operator K in the sense that the pairs (K, B) satisfy all axioms of weak KB. This amounts to a pluralistic relation between knowledge and belief: Knowledge does not fully determine belief, rather it designs a conceptual space for belief operators where different (competing) belief operators coexist. (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)