We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

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

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...) new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

In this commentary, I critique three aspects of Emily Walsh's proposal to reduce the moral and legal weight of advance directives: (1) the ambiguity of its initial thesis, (2) its views about the ethics and legality of clinical practice, and (3) its interpretation and application of Ronald Dworkin’s account of advance directives and L.A. Paul's view on transformative experience. I also consider what Walsh’s proposal would mean for people facing the prospect of dementia. I conclude that our reasons to (...) honor many advance directives survive the move to a transformative experience framework. (shrink)

Che cosa distingue, concettualmente, l’esattore delle tasse che esiga da un uomo, a pena di sanzioni, una determinata somma di denaro, dal bandito che gli intimi, sotto la minaccia di un’arma, di consegnargli la medesima somma? È sul soddisfacimento del requisito della giustizia che si fonda, come sostenne Agostino, l’eterogeneità tra uno Stato e un’accolita di furfanti? «Se non è rispettata la giustizia, che cosa sono gli Stati, se non delle grandi bande di ladri? Perché le bande di briganti che (...) cosa sono, se non dei piccoli Stati?». Il volume ripercorre le risposte più autorevoli fornite nel XX secolo, entro un orizzonte postmetafisico, alla domanda agostiniana: prima dell’avvento del regime nazista, la tesi che un’associazione a delinquere sia indistinguibile da uno Stato è stata sostenuta da Benedetto Croce, Santi Romano e Hans Kelsen; dopo l’esperienza del nazismo e delle sue atrocità, perpetrate in nome dello Stato e della legge, le questioni relative alla natura del diritto e alla relazione tra morale e diritto hanno assunto – come ha osservato Robert Alexy – «l’urgenza di un problema scottante», e la domanda filosofica sulla validità della legge ingiusta è apparsa ineludibile non solo ai maggiori filosofi del diritto (Herbert L.H. Hart, Alf Ross, Ronald Dworkin e lo stesso Alexy), ma alle stesse corti tedesche. (shrink)

Nihilism, Nietzsche and the Doppelganger Problem Was Nietzsche a nihilist? Yes, because, like J. L. Mackie, he was an error-theorist about morality, including the elitist morality to which he himself subscribed. But he was variously a diagnostician, an opponent and a survivor of certain other kinds of nihilism. Schacht argues that Nietzsche cannot have been an error theorist, since meta-ethical nihilism is inconsistent with the moral commitment that Nietzsche displayed. Schacht’s exegetical argument parallels the substantive argument (advocated in recent years (...) by Wright and Blackburn) that Mackie’s error theory can’t be true because if it were, we would have to give up morality or give up moralizing. I answer this argument with a little bit of help from Nietzsche. I then pose a problem, the Doppelganger Problem, for the meta-ethical nihilism that I attribute to Mackie and Nietzsche. (If A is a moral proposition then not-A is a moral proposition: hence not all moral propositions can be false.) I solve the problem by reformulating the error theory and also deal with a variant of the problem, the Reinforced Doppelganger, glancing at a famous paper of Ronald Dworkin’s. Thus, whatever its demerits, the error theory, is not self-refuting, nor does it require us to give up morality. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

Dâwûd al-Qarisî (Dâvûd al-Karsî) was a versatile and prolific 18th century Ottoman scholar who studied in İstanbul and Egypt and then taught for long years in various centers of learning like Egypt, Cyprus, Karaman, and İstanbul. He held high esteem for Mehmed Efendi of Birgi (Imâm Birgivî/Birgili, d.1573), out of respect for whom, towards the end of his life, Karsî, like Birgivî, occupied himself with teaching in the town of Birgi, where he died in 1756 and was buried next to (...) Birgivî. Better known for his following works on Arabic language and rhetoric and on the prophetic traditions (hadith): Sharḥu uṣûli’l-ḥadîth li’l-Birgivî; Sharḥu’l-Ḳaṣîdati’n-nûniyya (two commentaries, in Arabic and Turkish); Şarḥu’l-Emsileti’l-mukhtalifa fi’ṣ-ṣarf (two commentaries, in Arabic and Turkish); Sharḥu’l-Binâʾ; Sharḥu’l-ʿAvâmil; and Sharḥu İzhâri’l-asrâr, Karsî has actually composed textbooks in quite different fields. Hence the hundreds of manuscript copies of his works in world libraries. Many of his works were also recurrently printed in the Ottoman period. One of the neglected aspects of Karsî is his identity as a logician. Although he authored ambitious and potent works in the field of logic, this aspect of him has not been subject to modern studies. Even his bibliography has not been established so far (with scattered manuscript copies of his works and incomplete catalogue entries). This article primarily and in a long research based on manuscript copies and bibliographic sources, identifies twelve works on logic that Karsî has authored. We have clarified the works that are frequently mistaken for each other, and, especially, have definitively established his authorship of a voluminous commentary on al-Kâtibî’s al-Shamsiyya, of which commentary a second manuscript copy has been identified and described together with the other copy. Next is handled his most famous work of logic, the Sharhu Îsâghûcî, which constitutes an important and assertive ring in the tradition of commentaries on Îsâghûcî. We describe in detail the nine manuscript copies of this work that have been identified in various libraries. The critical text of Karsî’s Sharhu Îsâghûcî, whose composition was finished on 5 March 1745, has been prepared based on the following four manuscripts: (1) MS Kayseri Raşid Efendi Kütüphanesi, No. 857, ff.1v-3v, dated 1746, that is, only one year after the composition of the work; (2) MS Bursa İnebey Yazma Eser Kütüphanesi, Genel, No.794B, ff.96v-114v, dated 1755; (3) MS Millet Kütüphanesi, Ali Emiri Efendi Arapça, No. 1752, ff.48v-58r, dated 1760; (4) MS Beyazıt Yazma Eser Kütüphanesi, Beyazıt, No. 3129, ff.41v-55v, dated 8 March 1772. While preparing the critical text, we have applied the Center for Islamic Studies (İslam Araştırmaları Merkezi, İSAM)’s method of optional text choice. The critical text is preceded by a content analysis. Karsî is well aware of the preceding tradition of commentary on Îsâghûcî, and has composed his own commentary as a ‘simile’ or alternative to the commentary by Mollâ Fanârî which was famous and current in his own day. Karsî’s statement “the commentary in one day and one night” is a reference to Mollâ Fanârî who had stated that he started writing his commentary in the morning and finished it by the evening. Karsî, who spent long years in the Egyptian scholarly and cultural basin, adopted the religious-sciences-centered ‘instrumentalist’ understanding of logic that was dominant in the Egypt-Maghrib region. Therefore, no matter how famous they were, he criticized those theoretical, long, and detailed works of logic which mingled with philosophy; and defended and favored authoring functional and cogent logic texts that were beneficial, in terms of religious sciences, to the seekers of knowledge and the scholars. Therefore, in a manner not frequently encountered in other texts of its kind, he refers to the writings and views of Muhammad b. Yûsuf al-Sanûsî (d.1490), the great representative of this logical school in the Egyptian-Maghrib region. Where there is divergence between the views of the ‘earlier scholars’ (mutaqaddimûn) like Ibn Sînâ and his followers and the ‘later scholars’ (muta’akhkhirûn), i.e., post-Fakhr al-dîn al-Râzî logicians, Karsî is careful to distance himself from partisanship, preferring sometimes the views of the earliers, other times those of the laters. For instance, on the eight conditions proposed for the realization of contradiction, he finds truth to be with al-Fârâbî, who proposed “unity in the predicative attribution” as the single condition for the realization of contradiction. Similarly, on the subject matter of Logic, he tried to reconcile the mutaqaddimûn’s notion of ‘second intelligibles’ with the muta’akhkhirûn’s notion of ‘apprehensional and declarational knowledge,’ suggesting that not much difference exists between the two, on the grounds that both notions are limited to the aspect of ‘known things that lead to the knowledge of unknown things.’ Karsî asserts that established and commonly used metaphors have, according to the verifying scholars, signification by correspondence (dalâlat al-mutâbaqah), adding also that it should not be ignored that such metaphors may change from society to society and from time to time. Karsî also endorses the earlier scholars’ position concerning the impossibility of quiddity (mâhiyya) being composed of two co-extensive parts, and emphasizes that credit should not be given to later scholars’ position who see it possible. According to the verifying scholars (muhaqqîqûn), it is possible to make definition (hadd) by mentioning only difference (fasl), in which case it becomes an imperfect definition (hadd nâqis). He is of the opinion that the definition of the proposition (qadiyya) in al-Taftâzânî’s Tahdhîb is clearer and more complete: “a proposition is an expression that bears the possibility of being true or false”. He states that in the division of proposition according to quantity what is taken into consideration is the subject (mawdû‘) in categorical propositions, and the temporal aspect of the antecedent (muqaddam) in hypothetical propositions. As for the unquantified, indefinite proposition (qadiyya muhmalah), Karsî assumes that if it is not about the problems of the sciences, then it is virtually/potentially a particular proposition (qadiyya juz’iyyah); but if it is about the problems of the sciences, then it is virtually/potentially a universal proposition (qadiyya kulliyyah). This being the general rule about the ambiguous (muhmal) propositions, he nevertheless contends that, because its subject (mawdû‘) is negated, it is preferable to consider a negative ambiguous (sâliba muhmalah) proposition like “human (insân) is not standing” to be a virtually/potentially universal negative (sâliba kulliyyâh) proposition. He states that a disjunctive hypothetical proposition (shartiyya al-munfasila) that is composed of more than two parts/units is only seemingly so, and that in reality it cannot be composed of more than two units. Syllogism (qiyâs), according to Karsî, is the ultimate purpose (al-maqsad al-aqsâ) and the most valuable subject-matter of the science of Logic. For him, the entire range of topics that are handled before this one are only prolegomena to it. This approach of Karsî clearly reveals how much the ‘demonstration (burhân)-centered’ approach of the founding figures of the Muslim tradition of logic like al-Fârâbî and Ibn Sînâ has changed. al-Abharî, in his Îsâghûjî makes no mention of ‘conversion by contradiction’ (‘aks al-naqîd). Therefore, Karsî, too, in his commentary, does not touch upon the issue. However, in his Îsâghûjî al-jadîd Karsî does handle the conversion by contradiction and its rules. Following the method of Îsâghûjî, in his commentary Karsî shortly touches on the four figures (shakl) of conjuctive syllogism (qiyâs iqtirânî) and their conditions, after which he passes to the first figure (shakl), which is considered ‘the balance of the sciences’ (mi‘yâr al-‘ulûm), explaining the four moods (darb) of it. In his Îsâghûjî al-jadîd, however, Karsî handles all the four figures (shakl) with all their related moods (darb), where he speaks of fife moods (darb) of the fourth figure (shakl). The topic of ‘modal propositions’ (al-muwajjahât) and of ‘modal syllogism’ (al-mukhtalitât), both of which do not take place in the Îsâghûjî, are not mentioned by Karsî as well, either in his commentary on Îsâghûjî or in his Îsâghûjî al-jadîd. Karsî proposes that the certainties (yaqîniyyât), of which demonstration (burhân) is made, have seven, not six, divisions. After mentioning (1) axioms/first principles (awwaliyyât), (2) observata/sensuals (mushâhadât), (3) experta/empiricals (mujarrabât), (4) acumenalia (hadthiyyât), (5) testata (mutawâtirât), and (6) instictives (fitriyyât), that is, all the ‘propositions accompanied by their demonstrations,’ Karsî states that these six divisions, which do not need research and reflection (nazar), are called badîhiyyât (self-evidents), and constitute the foundations (usûl) of certainties (yaqîniyyât). As the seventh division he mentions (7) the nazariyyât (theoreticals), which are known via the badîhiyyât, end up in them, and therefore convey certainty (yaqîn). For Karsî, the nazariyyât/theoreticals, which constitute the seventh division of yaqîniyyât/certainties, are too numerous, and constitute the branches (far‘) of yaqîniyyât. Every time the concept of ‘Mughâlata’ (sophistry) comes forth in the traditional sections on the five arts usually appended to logic works, Karsî often gives examples from what he sees as extreme sûfî sayings, lamenting that these expressions are so widespread and held in esteem. He sometimes criticizes these expressions. However, it is observed that he does not reject tasawwuf in toto, but excludes from his criticism the mystical views and approaches of the truth-abiding (ahl al-haqq), shârî‘â-observant (mutasharri‘) leading sufis who have reached to the highest level of karâmah. (shrink)

What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are (...) not always expressed by perfect statistical concomitances – the existence of iniquitous laws poses no significant threat to a moralistic analysis of law. Special attention is paid to the debate between Ronald Dworkin and H.L.A. Hart. Dworkin’s over-all position is argued to be correct, but issue is taken with his argument for that position. Hart’s analysis is found to be vitiated by an impoverished conception of morality and also of the nature of government. Our analysis of law enables us to answer three questions that, at this juncture of history, are of special importance: Are there international laws? If not, could such laws exist? And if they could exist, would their existence necessarily be desirable? The answers to these questions are, respectively: “no”, “yes”, and “no.” Our analysis of law enables us to hold onto the presumption that so-called legal interpretation is a principled endeavor, and that some legal interpretations are truer to existing laws than others. At the same time, it accommodates the obvious fact that the sense in which a physicist interprets meter-readings, or in which a physician interprets a patient’s symptoms, is different from the sense in which judges interpret the law. So our analysis of law enables us to avoid the extreme views that have thus far dominated debates concerning the nature of legal interpretation. On the one hand, it becomes possible to avoid the cynical view (held by the so-called “legal realists”) that legal interpretation is mere legislation and that no legal interpretation is more correct than any other. On the other hand, it becomes possible to avoid Blackstone’s view (rightly descried by Austin as a “childish fiction”) that judges merely discover, and do not create, the law. (shrink)

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights (...) both their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (shrink)

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

This thesis examines the relationship between nihilism and postmodernism in relation to the sublime, and is divided into two parts: theory and literature. Beginning with histories of nihilism and the sublime, the Enlightenment is constructed as a conflict between the two. Rather than promote a simple binarism, however, nihilism is constructed as a temporally-displaced form of sublimity that is merely labelled as nihilism because of the dominant ideologies at the time. Postmodernism, as a product of the Enlightenment, is therefore implicitly (...) related to both nihilism and the sublime, despite the fact that it is often characterised as either nihilistic or sublime. Whereas prior forms of nihilism are ‗modernist‘ because they seek to codify reality, postmodernism creates a new formulation of nihilism – ‗postmodern nihilism‘ – that is itself sublime. This is explored in relation to a broad survey of postmodern literature through a series of interconnected themes. These themes – apocalypse, the absurd, absence, and space – arise from the debates presented in the theoretical chapters of this thesis, and demonstrate the ways in which nihilism and the sublime interact within postmodern literature. Because of the theoretical and literary debates presented within it, this thesis concludes that it cannot be a thesis at all. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

This paper traces the ethnocentric structure of U.S.-published anthologies in global ethics and related fields and it examines the ethical and philosophical implications of such ethnocentrism. The author argues that the ethnocentric structure of prominent work in global ethics not only impairs the field's ability to prepare students for global citizenship but contributes to the ideological processes that maintain global inequities. In conclusion, the author makes a case that fuller engagement with global-South and indigenous writers on global issues can encourage (...) U.S. students and scholars to examine more closely the ideologies that order our lives and to risk the kind of selfexamination that is necessary in order to build effective relationships with diverse global communities. (shrink)

Even while progressive educators and feminist standpoint theorists defend the value of marginalized perspectives, many marginal-voice texts continue to be deprecated in academic contexts due to their seemingly "unprofessional," engaged, and creative styles. Thus, scholars who seek to defend a feminist and multicultural curriculum need a theory of knowledge that goes beyond current standpoint theory and accounts for the unorthodox format in which many maringal standpoints appear. In response to this challenge, this essay draws on feminist and postcolonial critics of (...) objectivity, including Dorothy Smith, Chandra Mohanty, Barrios de Chungara, and Arhundati Roy to theorize the epistemic value of texts that respond with passion and creativity to marginalized people's struggles. In conclusion, the author distinguishes ethically oriented engagement with such texts from mere "politicized teaching," and she suggests ways to teach such texts that cultivate their critical potential. (shrink)

This paper examines how a delusive social imaginary of criminal-justice has underpinned contemporary U.S. mass incarceration and encouraged widespread indifference to its violence. I trace the complicity of this criminal-justice imaginary with state-organized violence by comparing it to an imaginary that supported colonial violence. I conclude by discussing how those of us outside of prison can begin to resist the entrenched images and institutions of mass incarceration by engaging the work and imagining the perspective of incarcerated people.

This paper examines the particular relevance of feminist critiques of epistemic authority in contexts of institutionalized violence. Reading feminist criticism of “experts” together with theorists of institutionalized violence, Stone-Mediatore argues that typical expert modes of thinking are incapable of rigorous knowledge of institutionalized violence because such knowledge requires a distinctive kind of thinking-within-discomfort for which conventionally trained experts are ill-suited. The author demonstrates the limitations of “expert” modes of thinking with reference to writings on the Iraq war by Michael Ignatieff (...) and Fouad Ajami. Finally, the author turns to a newly active group of epistemic agents—anti-war relatives of soldiers--to examine the role that undervalued epistemic traits can play in knowledge of war and other forms of structural violence. (shrink)

Drawing on the work of Enrique Dussel, Linda Tuhiwai Smith, and other scholars of colonialism, this essay traces colonialist legacies in the popular global-ethics literature. I argue that colonialist elements implicit in prominent global-ethics anthologies can foster attitudes of superiority over and aloofness toward economically struggling communities, even when the texts argue for aid to “the global poor.” Finally, I offer suggestions for how those of us who study and teach global ethics in the affluent world might begin to unsettle (...) colonialist baggage and cultivate skills more conducive to democratic global communities. (shrink)

Since the 1980s, feminist epistemologists have exposed the cultural biases that have denied epistemic value to certain epistemic styles and agents while they have explored ways to reclaim the devalued epistemic modes--including more practical, emotionally invested, and community-situated modes of knowing--that many of us have found to be meaningful ways of engaging the world. At the same time, feminist critics have sought not merely to reverse received epistemic hierarchies but to explore more pluralistic epistemologies that appreciate as well as examine (...) critically the diverse ways that humans engage the world. This paper examines how Simone Weil’s concept of paying attention can contribute to such a critical and pluralist epistemology. By reading Weil’s account of “a certain kind of attention” together with feminist and decolonial critiques of modern epistemic norms, I show how Weil points toward an epistemic framework that would open our intellectual communities to a greater plurality of epistemic styles and agents and, ultimately, would make possible richer knowledge practices more responsive to world problems. (shrink)

The notion of neutrosophic cubic set is originated from the hybridization of the concept of neutrosophic set and interval valued neutrosophic set. We define similarity measure for neutrosophic cubic sets and prove some of its basic properties. We present a new multi criteria group decision making method with linguistic variables in neutrosophic cubic set environment. Finally, we present a numerical example to demonstrate the usefulness and applicability of the proposed method.

There is more than one way to say that composition is identity. Yi has distinguished the Weak Composition thesis from the Strong Composition thesis and attributed the former to David Lewis while noting that Lewis associates something like the latter with me. Weak Composition is the thesis that the relation between the parts collectively and their whole is closely analogous to identity. Strong Composition is the thesis that the relation between the parts collectively and their whole is identity. Yi is (...) right that Strong Composition does not fully reflect my view. We must recognize further what, borrowing Lewis's characterization, could be called the "stronger, and stranger" Composition thesis, or what I'll call the Stronger Composition thesis for short. On Strong Composition, it is only collectively that the parts are identical with the whole. On Stronger Composition, they are individually identical with it as well. I will explain and motivate this thesis. (shrink)

A previously atypical symptom report of a hospitalized patient experiencing unusual visual broadcasting has been documented but has received minimal attention in the research and clinical field of psychiatry. A preliminary hypothesis is proposed of an implicit mechanism of motivation for action and emotional relief functional significance of elevated cortisol and dopamine correlation, that is loosely based on the concept of stress-induced psychosis and which could have led to a concurrent "visual and thought" psychotic episode. In addition, the implication of (...) the effect of increased dopamine on intracranial pressure and indirectly on cerebral perfusion pressure is briefly discussed. A follow-up on the insight and comprehensive understanding of such atypical and novel symptom as an extension of schizophrenia is warranted. (shrink)

Cross entropy measure is one of the best way to calculate the divergence of any variable from the priori one variable. We define a new cross entropy measure under interval neutrosophic set environment.

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

It seems natural to choose whether to have a child by reflecting on what it would be like to actually have a child. I argue that this natural approach fails. If you choose to become a parent, and your choice is based on projections about what you think it would be like for you to have a child, your choice is not rational. If you choose to remain childless, and your choice is based upon projections about what you think it (...) would be like for you to have a child, your choice is not rational. This suggests we should reject our ordinary conception of how to make this life-changing decision, and raises general questions about how to rationally approach important life choices. (shrink)

The question I want to explore is whether experience supports an antireductionist ontology of time, that is, whether we should take it to support an ontology that includes a primitive, monadic property of nowness responsible for the special feel of events in the present, and a relation of passage that events instantiate in virtue of literally passing from the future, to the present, and then into the past.

This discussion revises and extends Jonny Anomaly's ‘public goods’ account of public health ethics in light of recent criticism from Richard Dees. Public goods are goods that are both non-rival and non-excludable. What is significant about such goods is that they are not always provided efficiently by the market. Indeed, the state can sometimes realize efficiency gains either by supplying such goods directly or by compelling private purchase. But public goods are not the only goods that the market may fail (...) to provide efficiently. This point to a way of broadening the public goods account of public health to accommodate Dees' counterexamples, without abandoning its distinctive appeal. On the market failures approach to public health ethics, the role of public health is to correct public health-related market failures of all kinds, so far as possible. The underlying moral commitment is to economic efficiency in the sense of Pareto: if we can re-allocate resources in the economy so as to raise the welfare of some without lowering the welfare of any other, we ought to do so. (shrink)

Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative (...) gap between objective law and subjective rights. In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights. (shrink)

Language defines human existence. Yet defining language is a fraught project. I use the term "language" to refer to a specific mode of information transfer. First, it is a communicative mode. By communication I mean the information transfer serves a function, that is, an activity that occurs because it has increased the evolutionary fitness of ancestors. Secondly, while all communication is governed by norms, human communication, as opposed to biological communication, is governed by norms that have evolved within the learned (...) traditions of individual cultures. The meaning of an assertion in a culture’s language is the set of commitments to which that culture holds its speakers when they utter that assertion. Syntax has appeared in recent evolution to facilitate and enrich the communicative function, but it is a secondary aspect of language. The defining characteristic of human communication, of "language," -- is its capacity to constitute meaning. (shrink)

Modern selfhood presents itself as autonomous, overcoming emotion by following cognitive, moral and linguistic norms on the basis of clear, rational principles. It is difficult to imagine how such normative creatures could have evolved from their purely biological, non-normative, primate ancestors. I offer a just-so story to make it easier to imagine this transition. Early hominins learned to cooperate by developing group identities based on tribal norms. Group identity constituted proto-selves as normative creatures. Such group identity was not based on (...) autonomous selfhood – such an explanation would be anachronistic -- but on emotional patterning. By imitation, music, dance, ritual and other emotional practices, proto-selves learned how to bind themselves to the norms of their culture. Such conformity was a transitional evolutionary stage between primates and selves. Emotion and rationality are not incompatible: even contemporary selfhood remains rooted in emotional identity. (shrink)

In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...) I argue for a particular theory of the persistence conditions, which I call the basic overlapping traits theory (BOTT), based on an analogy to an approach to personal identity. The upshot of the argument is that from an anti-realist metaphysics we have the capacity to discuss a wider diversity of social phenomena. (shrink)

In this essay, I reply to the comments of Joanna Leidenhag and Nick Trakakis on my book Religion After Science: The Cultural Consequences of Religious Immaturity.

Confucian thinkers have traditionally stressed the importance of li 禮, or “ritual” as it is commonly translated, and believed that ancient sages had established an ideal set of rituals for people to follow. Now, most scholars of Confucianism understand li as distinct from law, and hence do not typically discuss Confucian sages as great lawgivers. Nevertheless, I suggest that there is something valuable to be learned from considering the similarities and dissimilarities between great lawgivers and the sages. In particular, this (...) essay reviews some of the challenges for, and virtues of, great legislators, and compares and contrasts these with the challenges for, and virtues of, master inventors of ritual, with the aim of showing how such observations might deepen our understanding of the conception of sages in the Confucian tradition, while perhaps also bringing out certain insights about good lawgivers. I end by using these reflections to point to some challenges for developing rituals to fit our modern context. (shrink)

The very idea of promulgation has been given little to no treatment in the philosophy of law. In this exploratory essay, I introduce three possible theories of promulgation: the ‘no-theory theory’ (which treats promulgation as a matter of particular contexts), the ‘conveyance theory’ (which treats promulgation as a function of intellectual good faith interpreters), and ‘agonistic theory’ (which treats promulgation as indistinguishable from propaganda). I suggest that (at least) three kinds of models are consistent with the theories, and can potentially (...) help us understand when law is successfully promulgated in particular legal contexts: the spread model, the chain model, and the memetic model. I end the paper by comparing the two theories with respect to a case study. Throughout I will show that the conveyance and agonistic theories have a serious advantage over the no-theory theory, in that they allow us to comparatively examine the epistemic weaknesses of diverse theories about the grounding of law on the basis of their contents. (shrink)

Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la notion (...) moderne de subjectivité. Ainsi, en éclairant cet as­pect du concept spinoziste de chose singulière. on comprendra aussi, de façon indirecte, l'une des conditions par lesquelles les choses peuvent, dans la doctrine spinoziste, devenir des objets ou des signes pour la connaissance humaine. (shrink)

Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.

The genetic modification of pigs as a source of transplantable organs is one of several possible solutions to the chronic organ shortage. This paper describes existing ethical tensions in xenotransplantation (XTx) that argue against pursuing it. Recommendations for lifelong infectious disease surveillance and notification of close contacts of recipients are in tension with the rights of human research subjects. Parental/guardian consent for pediatric xenograft recipients is in tension with a child’s right to an open future. Individual consent to transplant is (...) in tension with public health threats that include zoonotic diseases. XTx amplifies concerns about justice in organ transplantation and could exacerbate existing inequities. The prevention of infectious disease in source animals is in tension with the best practices of animal care and animal welfare, requiring isolation, ethologically inappropriate housing, and invasive reproductive procedures that would severely impact the well-being of intelligent social creatures like pigs. (shrink)

Je cherche à explorer comment l'expérience de la temporalité est multiforme et fortement perturbée à l'époque de la pandémie Covid-19 et des politiques de confinement, générant une expérience d'hétérochronie, qui remet en question notre rapport à la vie.

Commentary on Walsh, E. 2020. Cognitive transformation, dementia, and the moral weight of advance directives. The American Journal of Bioethics. 20(8): 54–64.

The tripartite account of propositional, fallibilist knowledge that p as justified true belief can become adequate only if it can solve the Gettier Problem. However, the latter can be solved only if the problem of a successful coordination of the resources (at least truth and justification) necessary and sufficient to deliver propositional, fallibilist knowledge that p can be solved. In this paper, the coordination problem is proved to be insolvable by showing that it is equivalent to the ''''coordinated attack'''' problem, (...) which is demonstrably insolvable in epistemic logic. It follows that the tripartite account is not merely inadequate as it stands, as proved by Gettier-type counterexamples, but demonstrably irreparable in principle, so that efforts to improve it can never succeed. (shrink)

Philosophical discussions of species have focused on multicellular, sexual animals and have often neglected to consider unicellular organisms like bacteria. This article begins to fill this gap by considering what species concepts, if any, apply neatly to the bacterial world. First, I argue that the biological species concept cannot be applied to bacteria because of the variable rates of genetic transfer between populations, depending in part on which gene type is prioritized. Second, I present a critique of phylogenetic bacterial species, (...) arguing that phylogenetic bacterial classification requires a questionable metaphysical commitment to the existence of essential genes. I conclude by considering how microbiologists have dealt with these biological complexities by using more pragmatic and not exclusively evolutionary accounts of species. I argue that this pragmatism is not borne of laziness but rather of the substantial conceptual problems in classifying bacteria based on any evolutionary standard. (shrink)

In this essay I explore the encounter between religion and music via ideas taken from Olivier Messiaen. I first present his categorization of music and the concepts of sound-colour and dazzlement as the 'directional meaning' of music. I then show how Messiaen relates this to the phenomena of natural resonance and afterimages, and based on this, I present-via Goethe and Rudolf Steiner-the notion of an etheric, evanescent or incorporeal matter. This understanding and experience of matter is then brought to bear (...) on music. In this context the notion of a 'religious experience' can be understood as both referring to content and sentiment related to a religious belief, and, in a more general sense of 'religare' (to bind), as a deeper bond with the material-temporal flow of nature. This gives way to a Johannine vision of Messiaen's musical thinking where the creative-sounding Logos or 'word' is both spirit and matter, and where music may represent a potential awakening to this reality. (shrink)

A cross-sectional, descriptive study was done at a rural high school in Zakiganj Upazila of Sylhet District, Bangladesh, between January and December of 2014, to determine knowledge and practice of oral health and hygiene and oral health status among school going adolescents. Students from three classes: class VIII, IX and X, and aged 12-16 years were taken for the study. Study samples were collected by using simple random sampling technique. A total of 90 students were divided into two age groups: (...) 12-14 years and 15-16 years. A pre-designed, self-administered questionnaire was used for demographic survey and knowledge of oral health and hygiene (a 10-point questionnaire) and practice (a 7-point questionnaire). Then a plane mouth mirror and periodontal probe was used for examining oral health status in those school children. Oral hygiene status was measured by simplified Green and Vermillion Oral Hygiene Index. The mean age of the respondents was 14.37±0.50 years. Females were 68 (75.6%) and males were 22 (24.4%). 31 (34.4%) were from class VIII, 30 (33.3%) from class IX and 29 (32.2%) were from class X. 33.3% of the respondents have scored below the mean of the total knowledge score while 66.7% has scored above the mean (6.86±2.05). Pearson’s correlation coefficient (+0.342) revealed that an increase in knowledge score would lead to increase in practice score. The younger group had higher mean knowledge score than older group (7.15+1.35 vs. 6.58+2.54; P=0.017); however, no significant difference was found between males and females (6.90±1.74 vs. 6.85±2.15; P=0.432). There was no significant difference in Debris Index (DI), Calculous Index (CI) and Oral Health Index (OHI) scores in between age groups and genders. On educational status, significant difference was observed only in OHI score (P=0.001) among those three classes of students. Overall, only 31% had good oral hygiene, while 59% respondents had fair and 10% had poor oral hygiene status. (shrink)

In a recent issue of Philosophy East and West Douglas Berger defends a new reading of Mūlamadhyamakakārikā XXIV : 18, arguing that most contemporary translators mistranslate the important term prajñaptir upādāya, misreading it as a compound indicating "dependent designation" or something of the sort, instead of taking it simply to mean "this notion, once acquired." He attributes this alleged error, pervasive in modern scholarship, to Candrakīrti, who, Berger correctly notes, argues for the interpretation he rejects.Berger's analysis, and the reading of (...) the text he suggests is grounded on that analysis, is insightful and fascinating, and certainly generates an understanding of Nāgārjuna's enterprise that is welcome .. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...) health can be derived from a commitment to correcting market failure, or in other words promoting Pareto-efficiency, in the domain of health. This approach can address familiar problems around access to care, as well as problems related to resource allocation and rationing, the control of health care costs, and the foundations of public health. Egalitarian theories of justice in health cannot make sense of the depth and pervasiveness of state involvement in health and health care; only a theory rooted in the need to correct market failure can. (shrink)

Background: Socio-epidemiological data of dental caries helps to plan effective community interventions. Objective: To estimate the prevalence and assess the experience of dental caries among school going adolescents in a rural area of Bangladesh. Methods: A cross-sectional study was donein Sylhet District in Bangladesh, between January and December of 2014. Students of class VIII, IX and X, aged 12-16 years were taken for the study. A total of 90 studentswere divided into 12-14 years and 15-16 years age groups using simple (...) random sampling technique. A pre-designed, self-administered questionnaire was used for demographic survey. Students were examined for dental caries. Assessment of Experience of dental caries was done by Decayed, Missing and Filled teeth (DMFT) index. Results: The mean age of the respondents was 14.37±0.50 years. Females were 68(75.6%) and males were 22(24.4%). 31(34.4%), 30 (33.3%) and 29(32.2%) were from VIII, IX and X respectively. The older age group (15-16 years) had more decayed teeth than that of 12-14 years group (2.28 vs. 1.46; p=0.04). The mean DMFT score was lower in male compared to female (1.43 vs. 2.30; p>0.05).There was significant difference in the total DMFT score among the classes (p=0.009). Mean DMFT score was 1.88. Caries prevalence was 42.2% in the maxillary arch and 58.9% in the mandibular arch. Among males, the mandibular arch showed a higher caries level (63.64%) than the maxillary arch (40%), while in females, in maxillary and mandibular archeswere 42.64% and 42.65% respectively (p>0.05). Conclusion: 64.4% of the study population had dental caries with male predominance; mandibular arch was more involved. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)