This article investigates the claim that some truths are fundamentally or really true — and that other truths are not. Such a distinction can help us reconcile radically minimal metaphysical views with the verities of common sense. I develop an understanding of the distinction whereby Fundamentality is not itself a metaphysical distinction, but rather a device that must be presupposed to express metaphysical distinctions. Drawing on recent work by Rayo on anti-Quinean theories of ontological commitments, I formulate a rigourous theory (...) of the notion. In the final sections, I show how this package dovetails with ' interpretationist' theories of meaning to give sober content to thought that some things — perhaps sets, or gerrymandered mereological sums — can be 'postulated into existence'. (shrink)

Sometimes it is indeterminate what an agent morally ought do. This generates a Decision Ought Challenge—to give moral guidance to agents in such a scenario. This article is a field guide to the options for a theory of the decision ought for cases of indeterminacy. Three categories of view are evaluated, and the best representative for each is identified.

The purpose of this paper is to challenge what is often called the “Uniqueness” thesis. According to this thesis, given one’s total evidence, there is a unique rational doxastic attitude that one can take to any proposition. It is sensible for defenders of Uniqueness to commit to an accompanying principle that: when some agent A has equal epistemic reason both to believe that p and to believe that not p, the unique epistemically rational doxastic attitude for A to adopt with (...) respect to whether p is the suspension of judgment. In this paper, I offer a case wherein the agent has equal epistemic reason both to believe that p and to believe that not p, but the agent is not epistemically required to suspend judgment about whether p. Furthermore, the case is such that there seems to be no uniquely rational attitude for the agent to adopt. (shrink)

In The Construction of Social Reality, John Searle develops a theory of institutional facts and objects, of which money, borders and property are presented as prime examples. These objects are the result of us collectively intending certain natural objects to have a certain status, i.e. to ‘count as’ being certain social objects. This view renders such objects irreducible to natural objects. In this paper we propose a radically different approach that is more compatible with standard economic theory. We claim that (...) such institutional objects can be fully understood in terms of actions and incentives, and hence the Searlean apparatus solves a non-existent problem. (shrink)

Forty years’ experience as a bacterial geneticist has taught me that bacteria possess many cognitive, computational and evolutionary capabilities unimaginable in the first six decades of the twentieth century. Analysis of cellular processes such as metabolism, regulation of protein synthesis, and DNA repair established that bacteria continually monitor their external and internal environments and compute functional outputs based on information provided by their sensory apparatus. Studies of genetic recombination, lysogeny, antibiotic resistance and my own work on transposable elements revealed multiple (...) widespread bacterial systems for mobilizing and engineering DNA molecules. Examination of colony development and organization led me to appreciate how extensive multicellular collaboration is among the majority of bacterial species. Contemporary research in many laboratories on cell–cell signaling, symbiosis and pathogenesis show that bacteria utilise sophisticated mechanisms for intercellular communication and even have the ability to commandeer the basic cell biology of ‘higher’ plants and animals to meet their own needs. This remarkable series of observations requires us to revise basic ideas about biological information processing and recognise that even the smallest cells are sentient beings. (shrink)

Many accounts of structural rationality give a special role to logic. This paper reviews the problem case of clear-eyed logical uncertainty. An account of rational norms on belief that does not give a special role to logic is developed: doxastic probabilism.

Consider two epistemic experts—for concreteness, let them be two weather forecasters. Suppose that you aren’t certain that they will issue identical forecasts, and you would like to proportion your degrees of belief to theirs in the following way: first, conditional on either’s forecast of rain being x, you’d like your own degree of belief in rain to be x. Secondly, conditional on them issuing different forecasts of rain, you’d like your own degree of belief in rain to be some weighted (...) average of the forecast of each. Finally, you’d like your degrees of belief to be given by an orthodox probability measure. Moderate ambitions, all. But you can’t always get what you want. (shrink)

Duncan Pritchard has, in the years following his (2005) defence of a safety-based account of knowledge in Epistemic Luck, abjured his (2005) view that knowledge can be analysed exclusively in terms of a modal safety condition. He has since (Pritchard in Synthese 158:277–297, 2007; J Philosophic Res 34:33–45, 2009a, 2010) opted for an account according to which two distinct conditions function with equal importance and weight within an analysis of knowledge: an anti-luck condition (safety) and an ability condition-the latter being (...) a condition aimed at preserving what Pritchard now takes to be a fundamental insight about knowledge: that it arises from cognitive ability (Greco 2010; Sosa 2007, 2009). Pritchard calls his new view anti-luck virtue epistemology (ALVE). A key premise in Pritchard’s argument for ALVE is what I call the independence thesis; the thesis that satisfying neither the anti-luck condition nor the ability condition entails that the other is satisfied. Pritchard’s argument for the independence thesis relies crucially upon the case he makes for thinking that cognitive achievements are compatible with knowledge-undermining environmental luck—that is, the sort of luck widely thought to undermine knowledge in standard barn facade cases. In the first part of this paper, I outline the key steps in Pritchard’s argument for anti-luck virtue epistemology and highlight how it is that the compatibility of cognitive achievement and knowledge- undermining environmental luck is indispensible to the argument’s success. The second part of this paper aims to show that this compatibility premise crucial to Pritchard’s argument is incorrect. (shrink)

What does being money consist in? We argue that something is money if, and only if, it is typically acquired in order to realise the reduction in transaction costs that accrues in virtue of agents coordinating on acquiring the same thing when deciding what thing to acquire in order to exchange. What kinds of things can be money? We argue against the common view that a variety of things (notes, coins, gold, cigarettes, etc.) can be money. All monetary systems are (...) best interpreted as implementing the same basic protocol. Money, i.e. the thing that we coordinate on acquiring in order to lower our transaction costs, is, in all cases, a set of positions on an abstract mathematical object, namely a relative ratio scale. The things that we ordinarily call ‘money’ are merely records of positions on such a scale. (shrink)

The arguments for and against a truth-relativist semantics for propositional knowledge attributions (KTR) have been debated almost exclusively in the philosophy of language. But what implications would this semantic thesis have in epistemology? This question has been largely unexplored. The aim of this paper is to establish and critique several ramifications of KTR in mainstream epistemology. The first section of the paper develops, over a series of arguments, the claim that MacFarlane's (2005, 2010) core argument for KTR ultimately motivates (for (...) better or worse) the extension of a truth-relativist semantics to a subset of understanding attributions – attributions of understanding-why. I conclude by presenting some reasons to think that even if KTR were otherwise plausible, a truth-relativist semantics for understanding-why attributions is not. These claims, taken together, constitute a kind of epistemological argument against MacFarlane-style truth-relativism for knowledge attributions. (shrink)

Several philosophers have embraced the view that high-level events—events like Zimbabwe's monetary policy and its hyper-inflation—are causally related if their corresponding low-level, fundamental physical events are causally related. I dub the view which denies this without denying that high-level events are ever causally related causal emergentism. Several extant philosophical theories of causality entail causal emergentism, while others are inconsistent with the thesis. I illustrate this with David Lewis's two theories of causation, one of which entails causal emergentism, the other of (...) which entails its negation. I then argue for causal emergentism on the grounds that it provides the only adequate means of squaring the apparent plenitude of causal relations between low-level events with the apparent scarcity of causal relations between high-level events. This tension between the apparent abundance of low-level causation and the apparent scarcity of high-level causation has been noted before. However, it has been thought that various theses about the semantics or the pragmatics of causal claims could be used to ameliorate the tension without going in for causal emergentism. I argue that none of the suggested semantic or pragmatic strategies meet with success, and recommend emergentist theories of causality in their stead. As Lewis's 1973 account illustrates, causal emergentism is consistent with the thesis that all facts reduce to microphysical facts. (shrink)

Williams, Elster and Pears hold that an effort to induce in oneself a belief in the truth of some proposition that one believes to be false can succeed only if one manages, somewhere along the way, to forget that one is engaged in such an effort. Although this view has strong intuitive appeal, it is false, and in this paper it is shown to be false by example.

This paper argues that Socrates does not claim to be a political expert at Gorgias 521d6-8, as many scholars say. Still, Socrates does claim a special grasp of true politics. His special grasp (i) results from divine dispensation; (ii) is coherent true belief about politics; and (iii) also is Socratic wisdom about his own epistemic shortcomings. This condition falls short of expertise in two ways: Socrates sometimes lacks fully determinate answers to political questions, and he does not grasp the first (...) principles of politics. (shrink)

The article aims to focus on a brief historical and epistemological reflection on the issue of the emergence of fundamental rights in the Western tradition and its universalist and hegemonic claim in the colonized countries of the New World -whose ideal of the subject of law is paradoxically restricted to the human person of an autochthonous-European and Euro-diasporic character due to affirmative policies and promotion of European immigration, subsidized by the colonized Ibero-American States. At the same time, it seeks to (...) analyze the phenomenon of acculturation of the aforementioned law and its inducing character of the process of destitution of the condition of subject of the Afro-diasporic population in the New World, from the perspective of the Critical Theory of Race (CCT). and emphasizing its relationship with the ideology of racial supremacism present in the institutional ideal of a post-independence Ibero-American State during the 19th century. (shrink)

This paper sets out to defend human genetic engineering with a new bioethical approach, post-humanism, combined with a radical democratic political framework. Arguments for the restriction of human genetic engineering, and specifically germ-line enhancement, are reviewed. Arguments are divided into those which are fundamental matters of faith, or "bio-Luddite" arguments, and those which can be addressed through public policy, or "gene-angst" arguments.The four bio-Luddite concerns addressed are: Medicine Makes People Sick; There are Sacred Limits of the Natural Order; Technologies Always (...) Serve Ruling Interests; The Genome is Too Complicated to Engineer. I argue that these are matters of faith that one either accepts or rejects, and that I reject.The non-fundamentalist or pragmatic concerns I discuss are: Fascist Applications; The Value of Genetic Diversity; The Geneticization of Life; Genetic Discrimination and Confidentiality; Systematically Bad Decisions by Parents; Discrimination Against the Disabled; Unequal Access; The Decline of Social Solidarity. I conclude that all these concerns can be adequately addressed through a proactive regulative framework administered by a liberal democratic state. Therefore, even germ-line genetic enhancement should eventually made available since the potential benefits greatly outweigh the potential risks. (shrink)

The U.S. review system for human subjects research has been widely criticized in recent years for requirements that delay research without improving human subjects protections. Any major reformulation of regulations may take some time to implement. In the meantime, current regulations often allow for streamlined ethics review without jeopardizing—and possibly improving—protections for research participants. We discuss underutilized options, including research that need not be classified as “human subjects research,” categories of studies that can be exempt from ethical review, and studies (...) that need only undergo expedited review by one IRB member. In addition, we consider ways to simplify review of multi-center research using one institution’s IRB. We speculate on multiple reasons for the underuse of these mechanisms, and exhort IRBs and researchers to take advantage of these important opportunities to improve the review process. (shrink)

Declarations like “this meeting is adjourned” make certain facts the case by representing them as being the case. Yet surprisingly little attention has been paid to the mechanism whereby the utterance of a declaration can bring about a new state of affairs. In this paper, we use the incentivization account of institutional facts to address this issue. We argue that declarations can serve to bring about new states of affairs as their utterance have game theoretical import, typically in virtue of (...) the utterer signaling a commitment to act in an incentive-changing way. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

This article examines whether it is possible to uphold one form of deflationism towards metaphysics, ontological pluralism, whilst maintaining metaphysical realism. The focus therefore is on one prominent deflationist who fits the definition of an ontological pluralist, Eli Hirsch, and his self-ascription as a realist. The article argues that ontological pluralism is not amenable to the ascription of realism under some basic intuitions as to what a “realist” position is committed to. These basic intuitions include a commitment to more than (...) a stuff-ontology, and a view that realism carries with it more than a rejection of idealism. This issue is more than merely terminological. The ascription of realism is an important classification in order to understand what sorts of entities can be the truthmakers within a given theory. “Realism” is thus an important term to understand the nature of the entities that a given theory accepts into its ontology. (shrink)

Within contemporary philosophy of mind, it is taken for granted that externalist accounts of meaning and mental content are, in principle, orthogonal to the matter of whether cognition itself is bound within the biological brain or whether it can constitutively include parts of the world. Accordingly, Clark and Chalmers (1998) distinguish these varieties of externalism as ‘passive’ and ‘active’ respectively. The aim here is to suggest that we should resist the received way of thinking about these dividing lines. With reference (...) to Brandom’s (1994; 2000; 2008) broad semantic inferentialism, we show that a theory of meaning can be at the same time a variety of active externalism. While we grant that supporters of other varieties of content externalism (e.g., Putnam 1975 and Burge 1986) can deny active externalism, this is not an option for semantic inferentialists: On this latter view, the role of the environment (both in its social and natural form) is not ‘passive’ in the sense assumed by the alternative approaches to content externalism. (shrink)

Prior research has demonstrated that antisocial behavior, substance-use disorders, and personality dimensions of aggression and impulsivity are indicators of a highly heritable underlying dimension of risk, labeled externalizing. Other work has shown that individual trait constructs within this psychopathology spectrum are associated with reduced self-monitoring, as reflected by amplitude of the error-related negativity (ERN) brain response. In this study of undergraduate subjects, reduced ERN amplitude was associated with higher scores on a self-report measure of the broad externalizing construct that links (...) these various indicators. In addition, the ERN was associated with a response-locked increase in anterior theta (4–7 Hz) oscillation; like the ERN, this theta response to errors was reduced among high-externalizing individuals. These findings suggest that neurobiologically based deficits in endogenous action monitoring may underlie generalized risk for an array of impulse-control problems. (shrink)

Purpose Prescription stimulant use as “cognitive enhancers” has been described among undergraduate college students. However, the use of prescription stimulants among future health care professionals is not well characterized. This study was designed to determine the prevalence of prescription stimulant misuse among students at an academic health sciences center. -/- Method Electronic surveys were e-mailed to 621 medical, pharmacy, and respiratory therapy students at East Tennessee State University for four consecutive weeks in fall 2011. Completing the survey was voluntary and (...) anonymous. Surveys asked about reasons for, frequency of, and side effects of nonprescription misuse of prescription stimulants. Given the sensitive material, an opportunity to win one of ten $50 gift cards was used as an incentive. -/- Results Three hundred seventy-two (59.9%) students completed the survey from three disciplines (47.6% medical, 70.5% pharmacy, and 57.6% respiratory therapy). Overall, 11.3% of responders admitted to misusing prescription stimulants. There was more misuse by respiratory therapy students, although this was not statistically significant (10.9% medicine, 9.7% pharmacy, 26.3% respiratory therapy; P = .087). Reasons for prescription stimulant misuse included to enhance alertness/ energy (65.9%), to improve academic performance (56.7%), to experiment (18.2%), and to use recreationally/get high (4.5%). -/- Conclusions Prescription stimulant misuse was prevalent among participating students, but further research is needed to describe prevalence among future health care workers more generally. The implications and consequences of such misuse require further study across professions with emphasis on investigating issues of academic dishonesty (e.g., “cognitive enhancement”), educational quality, and patient safety or health care quality. (shrink)

NIH's fogarty international Center has provided grants for the development of training programs in international research ethics for low- and middle-income (LMIC) professionals since 2000. Drawing on 12 years of research ethics training experience, a group of Fogarty grantees, trainees, and other ethics experts sought to map the current capacity and need for research ethics in LMICs, analyze the lessons learned about teaching bioethics, and chart a way forward for research ethics training in a rapidly changing health research landscape. This (...) collection of papers is the result. (shrink)

This introduction begins with two simple case studies that reveal a background of socio-economic complexities that hinder development. The availability of healthcare and the issue of cross-border justice are the key points to be addressed in this study. The chapters consider philosophy, economics, and bioethics in order to provide a global perspective. Two theories come into play in this book—the ideal and non-ideal—which offer insight on why and how things are done.

Addressing the ‘virtue conflation’ problem requires the preservation of intuitive distinctions between virtue types, that is, between intellectual and moral virtues. According to one influential attempt to avoid this problem proposed by Julia Driver, moral virtues produce benefits to others—in particular, they promote the well-being of others—while the intellectual virtues, as such, produce epistemic good for the agent. We show that Driver's demarcation of intellectual virtue, by adverting to the self-/other distinction, leads to a reductio, and ultimately, that the prospects (...) for resolving the virtue conflation problem look dim within an epistemic consequentialist approach to the epistemic right and the epistemic good. (shrink)

Jaegwon Kim has argued (Kim 2006a) that the two key issues for emergentism are to give a positive characterization of the emergence relation and to explain the possibility of downward causation. This paper proposes an account of emergence which provides new answers to these two key issues. It is argued that an appropriate emergence relation is characterized by a notion of ‘transformation’, and that the real key issue for emergentism is located elsewhere than the places Kim identifies. The paper builds (...) on Victor Caston’s important work on ancient philosophy of mind (Caston 1997, 2001), but appeals to sources he has not considered. (shrink)

Argumentations are at the heart of the deductive and the hypothetico-deductive methods, which are involved in attempts to reduce currently open problems to problems already solved. These two methods span the entire spectrum of problem-oriented reasoning from the simplest and most practical to the most complex and most theoretical, thereby uniting all objective thought whether ancient or contemporary, whether humanistic or scientific, whether normative or descriptive, whether concrete or abstract. Analysis, synthesis, evaluation, and function of argumentations are described. Perennial philosophic (...) problems, epistemic and ontic, related to argumentations are put in perspective. So much of what has been regarded as logic is seen to be involved in the study of argumentations that logic may be usefully defined as the systematic study of argumentations, which is virtually identical to the quest of objective understanding of objectivity. -/- KEY WORDS: hypothesis, theorem, argumentation, proof, deduction, premise-conclusion argument, valid, inference, implication, epistemic, ontic, cogent, fallacious, paradox, formal, validation. (shrink)

This paper assesses the state of research ethics in low- and middle-income countries and the achievements of the Fogarty International Center's bioethics training program since 2000. The vision of FIC for the next decade of research ethics education is encapsulated in four proposed goals: (1) Ensure sufficient expertise in ethics review by having someone with long-term training on every high-workload REC; (2) Develop LMIC capacity to conduct original research on critical ethical issues by supporting doctoral and postdoctoral training and career (...) paths for research ethicists; (3) Make research training and review at LMIC institutions sustainable by identifying additional funding mechanisms and models; (4) Make institutional research systems more ethical and efficient through context-specific training integrated into all levels of scientific training. (shrink)

This is the annotated bibliography that accompanied Volume 2 of American Association of Philosophy Teachers Studies in Pedagogy, a special issue on teaching Plato. It includes sections covering teaching several specific dialogues: Republic, Meno, Euthyphro, Apology, Crito and Lysis, as well as sections on "Socrates as Teacher" and general articles on teaching Plato.

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate landowners (...) and more access to better resources for ramblers. (shrink)

With this article, I seek to examine Krause’s analysis of the self in Analitische Philosophie, and in particular in Vorlesungen über die Psychische Anthropologie. But I do so through the texts that the Spanish Krausists devoted either to translating or to discussing and disseminating Krause’s ideas in dialogue with the philosophies of the time. In my exposition and examination of the doctrine of the self, I focus on its embedding in a particular existence through embodiment, and argue that these are (...) aspects with which Krausism can still illuminate the debate about human subjectivity. (shrink)

This essay is part of an attempt to reconcile two extreme views in economics: the (neglected) subjective, apriorist approach and the (standard) objective, scientific (i.e., falsifiable) approach. The Austrian subjective view of value, building on Carl Menger’s theory of value, was developed into a theory of economics as being entirely an a priori theory of action. This probably finds its most extreme statement in Ludwig von Mises’ Human Action (1949). In contrast, the standard economic view has developed into making falsifiable (...) predictions about economic phenomena whereby the truth of the assumptions, especially about economic agents, is relatively unimportant: predictive fecundity is all. This finds an extreme statement in Milton Friedman’s introductory essay in his Essays in Positive Economics (1953). However, many economists fall somewhere between the two extremes, such as McKenzie and Tullock (1978). (shrink)

In this article, it tries to interpret the modern society under the the logic of the market, in which the human being is removed of the historical center and substituted by the consumption object, that stars to assume preponderant factor of control and social alienation in actual historial stage. The purpose of this article is to deonstrate that the contemporary society didn't renounce the rite neither the mythm as construction instruments and psychological and sociological elabration, To approriate or to link (...) with the being or object of the desire it requests a logical asbolutely formal, contractual and self-denial. (shrink)

It is an irony to attack a more sceptical epistemology than one's own in the name of scepticism and defend, instead, an epistemology that is positively illogical. And yet that is what Martin Gardner has done in his “A Skeptical Look at Karl Popper.”.

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

This chapter offers an indirect defence of the Evansian conception of egocentric space, by showing how it resolves a puzzle concerning the unity of egocentric spatial perception. The chapter outlines several common assumptions about egocentric perspectival structure and argues that a subject’s experience, both within and across her sensory modalities, may involve multiple structures of this kind. This raises the question of how perspectival unity is achieved, such that these perspectival structures form a complex whole, rather than merely disunified set (...) of individually, distinctively structured experiences. The shortcomings of variety of accounts are considered: switch accounts ; sensory accounts; transformation accounts; and ultimate accounts. These shortcomings are addressed by a further kind of account provided by the Evansian conception – an agentive account – according to which egocentrically structured experiences present the world in relation to parts of a single thing, the body as a dynamic unity. (shrink)

This paper discusses the uniqueness thesis, a core thesis in the epistemology of disagreement. After presenting uniqueness and clarifying relevant terms, a novel counterexample to the thesis will be introduced. This counterexample involves logical disagreement. Several objections to the counterexample are then considered, and it is argued that the best responses to the counterexample all undermine the initial motivation for uniqueness.

Lester‘s reply to the review by Gordon and Modugno of Escape from Leviathan was due to appear in a later edition of the same periodical, but it was eventually dropped without notice or a reason being given. Subsequently, their review has occasionally been cited in isolation as a refutation of that book‘s theory of liberty, the compatibility of such liberty with welfare maximisation, and the use of "Popperian views" as though a complete reply did not exist and were not freely (...) available and easily found online. To make it harder to avoid the reply, whether by accident or design, it is reproduced here (but with sundry small emendations for greater clarity). (shrink)

One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...) On this account, Machiavelli says that a State can only maintain its authority through a continuous return to the originary moment, viz. to the revival of the experiences of "fear", "terror" and "punishment" lived in the originary event of the foundation. For that reason, in the origin of law is also the violence, whose combined function is to provide legitimacy to its exercise by the State apparatus as the only form to preserve political life from ruin.Uma das mais famosas e inovadoras teses de Maquiavel é a afirmação de que as boas leis nascem dos conflitos sociais, segundo o exemplo romano das oposições entre plebe e nobres. Os conflitos são capazes de produzir ordem por conter a força constritiva própria da necessidade, que impede a ambição de reinar. Contudo, a lei não neutraliza o conflito, mas apenas lhe dá uma ordenação. A lei está, pois, exposta à história, à contínua mudança, o que significa dizer que é potencialmente corruptível. Por causa desta possibilidade, Maquiavel afirma que um Estado somente mantém sua autoridade por meio de um retorno contínuo ao momento da origem, isto é, à revivência da experiência do "medo", do "terror" e da "punição" do acontecimento originário da fundação. Assim, na origem da lei está a violência, cuja função é proporcionar a legitimação de seu exercício pelo aparato estatal como única forma de preservar da ruína a vida política. (shrink)

This essay explains Jeffrey Friedman's two fundamental and persistent philosophical errors concerning the libertarian conception of liberty and the lack of a "justification‟ of libertarianism. It is ironic that Friedman himself is thereby revealed to be guilty of both an “a priori” anti-libertarianism and an anti-libertarian “straddle.” Critical-rationalist, proactive-imposition-minimising libertarianism remains completely unchallenged by him.