We show in this paper that the answer to the question in the title is in the negative. In modern optics, Snell’s law of reflection is derived using Leibniz’s calculus method that identifies the least time path, chosen by rays of light in going from a given point A, to another given point B, undergoing reflection at a point P on their way. We demonstrate, taking two examples of reflection: (1) at a plane reflector and (2) at elliptical reflector, (...) that Snell’s law of reflection is not a consequence of least time path principle and, that Leibniz’s method of derivation of Snell’s law of reflection is invalid. In (1), we prove that, if a light ray is reflected at point P on a line, along the least time path APB, then at every point Pi on that line, rays from A are reflected to point B, satisfying Snell’s law. However, paths, APB and APiB do not have equal travel times. In (2), we prove that, if a light ray is reflected along the least time path APB, from focus A to focus B incident at point P on an ellipse, satisfies Snell’s law, then points Pi, not lying on the ellipse, also reflect light rays from A to B, satisfying Snell’s law. However, the paths APB and APiB do not have equal travel times. Thus, both examples prove that least time path is not a criterion for reflection and, that Snell’s law of reflection is not a consequence of least time path principle. (shrink)

During 17th century a scientific controversy existed on the derivation of Snell’s laws of reflection and refraction. Descartes gave a derivation of the laws, independent of the minimality of travel time of a ray of light between two given points. Fermat and Leibniz gave a derivation of the laws, based on the minimality of travel time of a ray of light between two given points. Leibniz’s calculus method became the standard method of derivation of the two (...) laws. We demonstrate in this article that Snell’s law of reflection follows from simple results of geometry. We do not use the concept of motion or the time of travel in our demonstration. That is, time plays no role in our demonstration. (shrink)

Leibniz proposed the ‘Most Determined Path Principle’ in seventeenth century. According to it, ‘ease’ of travel is the end purpose of motion. Using this principle and his calculus method he demonstrated Snell’s Laws of reflection and refraction. This method shows that light follows extremal (local minimum or maximum) time path in going from one point to another, either directly along a straight line path or along a broken line path when it undergoes reflection or refraction at plane or (...) spherical (concave or convex) surfaces. The extremal time path avoided the criticism that Fermat’s least time path was subjected to, by Cartesians who cited examples of reflections at spherical surfaces where light took the path of longest time. Thereby it became the standard method of demonstration of Snell’s Laws. Ptolemy’s theorem is a fundamental theorem in geometry. A special case of it offers a method of finding the minimum sum of the two distances of a point from two given fixed points. We show in this paper that Leibniz’s calculus proof of Snell’s Laws violates Ptolemy’s theorem, whereby Leibniz’s proof becomes invalid. (shrink)

Fermat’s Least Time Principle has a long history. World’s foremost academies of the day championed by their most prestigious philosophers competed for the glory and prestige that went with the solution of the refraction problem of light. The controversy, known as Descartes - Fermat controversy was due to the contradictory views held by Descartes and Fermat regarding the relative speeds of light in different media. Descartes with his mechanical philosophy insisted that every natural phenomenon must be explained by mechanical principles. (...) Fermat on the other hand insisted an end purpose for every motion. For example, least time of travel and not the least distance of travel is the end purpose for motion of light. This implied a thinking nature, which was rejected by Descartes. Surprisingly, with contradictory assumptions regarding the relative speeds of light in different media, both Descartes and Fermat came to the same result that the ratio of sines of angles of incidence and refraction is a constant. Fermat’s result came to be known as the ‘Fermat’s least time principle’. We show in this article that Fermat’s least time principle violates a fundamental theorem in geometry – the Ptolemy’s theorem. That leads to the invalidity of Fermat’s principle. -/- . (shrink)

Rene Descartes (1596 – 1650) is considered the founder of modern philosophy. Profoundly influenced by the new physics and astronomy of Kepler and Galileo, Descartes was a scientist and mathematician whose most long-lasting contributions in science were the invention of Cartesian coordinates, the application of algebra to geometry, and the discovery of the law of refraction, what we now call Snell’s law.His most important books on philosophy were The discourse on method(1637) and The meditations(1642). Descartes’ writings display an exemplary (...) degree of clarity and an aversion to pedantry. I explore Descartes' break with Aristotle, but also shine a light on the intellectual continuity Descartes had with Aristotle's thought. I also draw attention to some overlooked but interesting possibilities for an experimental test of a dualistic theory of mind. (shrink)

Poe's Law is roughly that online parodies of religious extremism are indistinguishable from instances of sincere extremism. Poe's Law may be expressed in a variety of ways, each highlighting either a facet of indirect discourse generally, attitudes of online audiences, or the quality of online religious material. As a consequence of the polarization of online discussions, invocations of Poe's Law have relevance in wider circles than religion. Further, regular invocations of Poe's Law in critical discussions have the threat of further (...) entrenching and polarizing views. (shrink)

This paper proves a precisification of Hume’s Law—the thesis that one cannot get an ought from an is—as an instance of a more general theorem which establishes several other philosophically interesting, though less controversial, barriers to logical consequence.

Corporate activities conducted under the banner of creating shared value (CSV) have gained popularity over the last decade, and some MNCs have espoused that CSV has entered the heart of their practices. There has, however, been criticism about the lack of a standard definition of CSV. The purpose of the current study was to develop a working definition of CSV by identifying distinctions between CSV and various conceptions of corporate social responsibility (CSR). We conducted 26 semi-structured interviews with managers and (...) stakeholder representatives of five multinational corporations (MNCs) and three small and medium enterprises (SMEs), all headquartered or rooted in Asia. These firms had received public recognition for their CSV engagement. We compared and contrasted interviewees’ conceptions and descriptions of CSV and traditional CSR (philanthropy) and mapped these against Carroll’s four-layer model of responsible corporate management. Interviewees tended to frame CSV as a sustainable business model that generates social and economic value simultaneously. Traditional CSR was characterized as “giving back” some of the surplus from economic returns. In addition, interviewees described examples of strategic CSR, which involved pump-priming interventions for empowering and enabling stakeholders of the CSV practices of the focal firm to participate in the associated wealth and well-being co-creation. Keywords: Corporate social responsibility, creating shared value, qualitative, Asia. (shrink)

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...) clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)

This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation is (...) not a complete causal law, since it does not include a reference either to contiguity or to temporal priority. It is still argued that because of the empirical success of Newton ’s theory—the law is a statement of an exceptionless repetition—Hume gives his support to it in interpreting gravity force instrumentally as if it bore a causal relation to motion. (shrink)

Karl Popper discovered in 1938 that the unconditional probability of a conditional of the form ‘If A, then B’ normally exceeds the conditional probability of B given A, provided that ‘If A, then B’ is taken to mean the same as ‘Not (A and not B)’. So it was clear (but presumably only to him at that time) that the conditional probability of B given A cannot be reduced to the unconditional probability of the material conditional ‘If A, then B’. (...) I describe how this insight was developed in Popper’s writings and I add to this historical study a logical one, in which I compare laws of excess in Kolmogorov probability theory with laws of excess in Popper probability theory. (shrink)

In the first few pages of chapter 4 of his Theological Political Treatise (1670), Spinoza defines his conception of the law. In fact, he defines the law twice, first in terms of compulsion or necessity and then in terms of use. I would like to investigate here these definitions, in particular the second one, as it is Spinoza’s preferred one. The difficulty with understanding this definition is that it contains an expression, ratio vivendi, that is repeated several times in the (...) first few pages of chapter 4, but, unless it is taken as a technical term referring to law as use, it is easy to mistake it as a casual expression that might mean different things each time. As a result, it is indispensable to turn to the Latin text to unlock the technical meaning of ratio vivendi. The result will be that Spinoza's conception of the law aligns with the epicurean conception of the law understood in terms of use. (shrink)

Introduction: Prinz’s SentimentalismMany ethicists claim that one cannot derive an ought from an is. In others words, they think that one cannot derive a statement that has prescriptive force from purely descriptive statements. This thesis plays a crucial role in many theoretical and practical ethical arguments. Since, according to many, David Hume advocated a view along these lines, this thesis has been called ‘Hume’s Law’. In this paper, I adopt this widespread terminology, whether or not Hume did indeed take this (...) position. There are some notable exceptions among philosophers, such as John SearleSee John R. Searle, “How to Derive “Ought” from “Is”,” Philosophical Review, Vol. 73, No. 1, (1964), pp. 43–58. and Arthur Prior,See Arthur N. Prior, “The Autonomy of Ethics,” Australasian Journal of Philosophy, Vol. 38, No. 3, (1960), pp. 199–206. but most philosophers have embraced Hume’s Law. Recently, however, Hume’s Law has come under attack. In his book The Emotional Construction of Mor. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the (...) same role as the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

Santiago Ramón y Cajal, the primary architect of the neuron doctrine and the law of dynamic polarization, is considered to be the founder of modern neuroscience. At the same time, many philosophers, historians, and neuroscientists agree that modern neuroscience embodies a mechanistic perspective on the explanation of the nervous system. In this paper, I review the extant mechanistic interpretation of Cajal’s contribution to modern neuroscience. Then, I argue that the extant mechanistic interpretation fails to capture the explanatory import of Cajal’s (...) law of dynamic polarization. My claim is that the definitive formulation of Cajal’s law of dynamic polarization, despite its mechanistic inaccuracies, embodies a non-mechanistic pattern of reasoning (i.e., design explanation) that is an integral component of modern neuroscience. (shrink)

In this paper, I argue for an interpretation of Hume's Law that sees him as dismissing all possible arguments from is to ought on the basis of a comparison with his famous argument on induction.

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, (...) or feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed this (...) aspect of Maimon’s philosophy in other places, and though the topic of the current paper has an interesting relation to certain doctrines of Spinoza, I will not develop this issue here. Neither of these two issues -- Maimon’s criticism of Kant or his original interpretation of Spinoza -- was considered by Maimon as his main contribution to philosophy. There is little doubt that if Maimon were asked to point out his single most important innovation he would have picked his doctrine of the Principle of Determinability [Satz der Bestimmbarkeit]. Regarding this doctrine Maimon writes: ... [T]he principle of determinability laid down in this work is a principle of all objectively real thought, and consequently of philosophy as a whole too. All the propositions of philosophy can be derived from, and be determined by it [woraus sich alle Sätze herleiten und wodurch sie sich bestimmen lassen]. … I have made available a supreme principle of all objectively real thought, viz., the principle of determinability... and have established as the ground of the whole of pure philosophy -- a principle which, if it is ever grasped, will, I hope, withstand every scrutiny. These claims may strike the reader as somewhat presumptuous, to say the least. But, if we pay attention to the last sentence of the passage, we can see that Maimon doubts whether his great finding will ever be understood. It is not unlikely that in this phrase (“wenn er nur einmal eingesehen werden wird”) Maimon was reacting to his own repeatedly unsuccessful attempts to explain the principle. The fate of Maimon’s principle has not been much better in the few works written on Maimon’s philosophy, and though almost all commentators agree that the principle of determinability is the linchpin of the positive philosophy Maimon was trying to develop, we do not yet have a clear explanation of this principle, or of the reason why Maimon assigns such importance to it. Recently, Oded Schechter developed an excellent reading of this principle, and in most aspects my view agrees with his (primarily, in its rejecting the attempt to explain the principle as a version of Leibniz’s predicate-in-subject [Praedicatum inest subjecto] containment thesis). My paper consists of two parts. The first is expository in nature. In this part, I spell out briefly the main aspects of Maimon’s principle of determinability and its aims. In the second part, I examine Maimon’s surprising claim that once we accept the principle of determinability, we have to deny the possibility of two subjects sharing the same predicate. Maimon provides several proofs for this highly counterintuitive claim, and I will try to clarify and evaluate these proofs. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

The aim of this chapter is to explore the safety value of implementing Asimov’s Laws of Robotics as a future general framework that humans should obey. Asimov formulated laws to make explicit the safeguards of the robots in his stories: (1) A robot may not injure or harm a human being or, through inaction, allow a human being to come to harm; (2) A robot must obey the orders given to it by human beings except where such orders (...) would conflict with the First Law; (3) A robot must protect its own existence as long as such protection does not conflict with the First or Second Law. In Asimov’s stories, it is always assumed that the laws are built into the robots to govern the behaviour of the robots. As his stories clearly demonstrate, the Laws can be ambiguous. Moreover, the laws are not very specific. General rules as a guide for robot behaviour may not be a very good method to achieve robot safety – if we expect the robots to follow them. But would it work for humans? In this chapter, we ask whether it would make as much, or more, sense to implement the laws in human legislation with the purpose of governing the behaviour of people or companies that develop, build, market or use AI, embodied in robots or in the form of software, now and in the future. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of (...) reasons, including because they show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

I argue that an individual has aspects numerically identical with it and each other that nonetheless qualitatively differ from it and each other. This discernibility of identicals does not violate Leibniz's Law, however, which concerns only individuals and is silent about their aspects. They are not in its domain of quantification. To argue that there are aspects I will appeal to the internal conflicts of conscious beings. I do not mean to imply that aspects are confined to such cases, but (...) the best way to start is to recognize them experientially. We can feel the conflicts within ourselves. In doing so we can feel some of our aspects. I will try to enhance our understanding of the concept of aspect by listing and formalizing some principles for its use. After that I will argue that all sorts of individual things have aspects, not just people who are conflicted. (shrink)

Formally-inclined epistemologists often theorize about ideally rational agents--agents who exemplify rational ideals, such as probabilistic coherence, that human beings could never fully realize. This approach can be defended against the well-know worry that abstracting from human cognitive imperfections deprives the approach of interest. But a different worry arises when we ask what an ideal agent should believe about her own cognitive perfection (even an agent who is in fact cognitively perfect might, it would seem, be uncertain of this fact). Consideration (...) of this question reveals an interesting feature of the structure of our epistemic ideals: for agents with limited information, our epistemic ideals turn out to conflict with one another. (shrink)

This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...) paper then moves to examine whether his halakhic ruling may help us in understanding which approach was Hirschensohn’s favorable belief, by investigating his halakhic ruling regarding autopsies. Hirschensohn permits to perform such surgeries, however subject to some halakhic limitations. The paper concludes that the naturalistic belief regarding death appears to be the more dominant one in his thought. Finally, I point out a few consequences of this paper, for addressing some contemporary ethical dilemmas regarding human corpses. (shrink)

In this paper, I explore a tension between the Law in the novel The Island of Doctor Moreau, by H. G. Wells, and Kant's reciprocity thesis. The Law is a series of prohibitions that Moreau has his beasts recite. Moreau devotes his time to transforming animals through a painful surgery into beings that resemble humans, but the humanized beasts are constantly slipping back into animalistic habits, and so Moreau promulgates the Law to maintain decorum. Kant's reciprocity thesis states that free (...) will is the necessary and sufficient condition of moral practical laws. That is, in order for a moral practical law to be applicable, there must be free will, and, if free will is present, then there will be a moral practical law that sets a standard for the free will. However, in Wells's novel, the humanized beasts seem to lack free will. So, how can a law be applicable to them? By delving deeper into the mystery of Moreau's strange island, I will shed light on the otherwise cumbersome concepts of free will, natural impulses, and practical laws, as well as their interrelationships. The upshot will be a deeper understanding of personhood through an exploration of the instinctual nature of animals, moral law, and free will. (shrink)

What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment (...) of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

In Plato’s Laws, the Athenian Stranger maintains that law should consist of both persuasion (πειθώ) and compulsion (βία) (IV.711c, IV.718b-d, and IV.722b). Persuasion can be achieved by prefacing the laws with preludes (προοίμια), which make the citizens more eager to obey the laws. Although scholars disagree on how to interpret the preludes’ persuasion, they agree that the preludes instill true beliefs and give citizens good reasons for obeying the laws. In this paper I refine this account (...) of the preludes by arguing that the primary purpose of the preludes is to motivate correct action, and that for citizens who lack rational-governance this is achieved via useful false beliefs. That is to say, in many cases, the prelude functions as a “noble lie” (γενναῖον ψεῦδος). (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

In this paper, we will motivate the application of specific rules of inference from the propositional calculus to natural language sentences. Specifically, we will analyse De Morgan’s laws, which pertain to the interaction of two central topics in syntactic research: negation and coordination. We will argue that the applicability of De Morgan’s laws to natural language structures can be derived from independently motivated operations of grammar and principles restricting the application of these operations. This has direct empirical consequences (...) for the hypothesised relations between natural language and logic. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...) that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

This article presents a simple derivation of optimization models for reaction networks leading to a generalized form of the mass-action law, and compares the formal structure of Minimum Information Divergence, Quadratic Programming and Kirchhoff type network models. These optimization models are used in related articles to develop and illustrate the operation of ontology alignment algorithms and to discuss closely connected issues concerning the epistemological and statistical significance of sharp or precise hypotheses in empirical science.

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) class='Hi'>laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between (...) law and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)

This Essay discusses whether U.S. law is ready for artificial intelligence (“AI”) which is headed down the road of blurring the line between human and machine minds. Perhaps the most high-profile and recent examples of AI are Large Language Models (“LLMs”) such as ChatGPT and Google Gemini that can generate written text, reason and analyze in a manner that seems to mimic human capabilities. U.S. law is based on English common law, which in turn incorporates Christian principles that assume the (...) dominance and uniqueness of humankind. U.S. law assumes human communication skills are accompanied by attributes such as consciousness and Free Will (“FW”) that, in turn, underpin critical legal concepts such as mens rea – i.e., intent. Philosophers and others generally agree that consciousness is necessary for FW. On the assumption that human beings possess consciousness that supports FW, the law thereafter deems human beings capable of acting with legal consequences, from entering into contracts to committing crimes. With a focus on LLMs, the Essay suggests that U.S. law may struggle to respond to AI because the technology disrupts the law’s assumptions regarding the uniqueness of human traits and abilities such as consciousness, FW, written communications and reasoning. (shrink)

Book 1 of Plato’s Laws, and particularly the image of the puppet introduced near its end, has been traditionally interpreted as presenting the moral psychology model that underlies the educational system delineated by the Athenian Stranger, which construes virtue as consonance between the non–rational and the rational elements of the soul. But a different and competing conception of virtue looms large in Laws 1, virtue as victory of the best part of the soul in psychic conflict. This paper (...) argues that the Athenian’s conception of education as the correct conformation of originally conflicting psychic forces requires the simultaneous presence of the harmony and the conflict models of virtue in Laws 1. Education is in turn defined by calculation, the rational activity which persuasively leads the conflicting non–rational forces towards a consonant reciprocal rapport. By strategically developing his understanding of education and calculation in Laws 1, the Athenian shows how the harmony model of virtue overcomes the conflict model, while at the same time recognising that there is some truth to the conflict model after all and integrating it within the harmony model. (shrink)

In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.

The main goal of this paper is to investigate the relation between the meaning of a sentence and its truth conditions. We report on a comprehension experiment on counterfactual conditionals, based on a context in which a light is controlled by two switches. Our main finding is that the truth-conditionally equivalent clauses (i) "switch A or switch B is down" and (ii) "switch A and switch B are not both up" make different semantic contributions when embedded in a conditional antecedent. (...) Assuming compositionality, this means that (i) and (ii) differ in meaning, which implies that the meaning of a sentential clause cannot be identified with its truth conditions. We show that our data have a clear explanation in inquisitive semantics: in a conditional antecedent, (i) introduces two distinct assumptions, while (ii) introduces only one. Independently of the complications stemming from disjunctive antecedents, our results also challenge analyses of counterfactuals in terms of minimal change from the actual state of affairs: we show that such analyses cannot account for our findings, regardless of what changes are considered minimal. (shrink)

For years philosophers argued for the existence of distinct yet materially coincident things by appealing to modal and temporal properties. For instance, the statue was made on Monday and could not survive being flattened; the lump of clay was made months before and can survive flattening. Such arguments have been thoroughly examined. Kit Fine has proposed a new set of arguments using the same template. I offer a critical evaluation of what I take to be his central lines of reasoning.

Much academic work (in philosophy, economics, law, etc.), as well as common sense, assumes that ill health reduces well-being. It is bad for a person to become sick, injured, disabled, etc. Empirical research, however, shows that people living with health problems report surprisingly high levels of well-being - in some cases as high as the self-reported well-being of healthy people. In this chapter, I explore the relationship between health and well-being. I argue that although we have good reason to believe (...) that health problems causing pain and death typically do reduce well-being, health problems that limit capabilities probably don't reduce well-being nearly as much as most people suppose. I then briefly explore the consequences of this conclusion for political philosophy and ethics. If many health problems don't significantly reduce well-being, why should governments go to great expense to prevent or treat them? Why should parents be obliged to ensure the health of their children? (shrink)

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

In the Laws, Plato argues that legislation must not only compel, but also persuade. This is accomplished by prefacing laws with preludes. While this procedure is central to the legislative project of the dialogue, there is little interpretative agreement about the strategy of the preludes. This paper defends an interpretation according to which the strategy is to engage with citizens in a way that anticipates their progress toward a more mature evaluative outlook, and helps them grow into it. (...) This paper shall refer to this strategy as proleptic engagement. While the virtuous ways of life required by law are intimately connected to happiness, the preludes do not persuade by spelling out this connection. Rather, they persuade by telling citizens what they need to hear so that they can come to appreciate this connection for themselves, in the context of their own lives. While the preludes are many and varied, this paper argues that all preambular material can be understood as proleptic engagement. (shrink)