This article explores the defense Indian Buddhist texts make in support of their conceptions of lives that are good for an individual. This defense occurs, largely, through their analysis of ordinary experience as being saturated by subtle forms of suffering . I begin by explicating the most influential of the Buddhist taxonomies of suffering: the threefold division into explicit suffering , the suffering of change , and conditioned suffering . Next, I sketch the three theories of welfare that have been (...) most influential in contemporary ethical theory. I then argue that Buddhist texts underdetermine which of these theories would have been accepted by ancient Indian Buddhists. Nevertheless, Buddhist ideas about suffering narrow the shape any acceptable theory of welfare may take. In my conclusion, I argue that this narrowing process itself is enough to reconstruct a philosophical defense of the forms of life endorsed in Buddhist texts. (shrink)

This paper reconstructs an Indian Buddhist response to the overdemandingness objection, the claim that a moral theory asks too much of its adherents. In the first section, I explain the objection and argue that some Mahāyāna Buddhists, including Śāntideva, face it. In the second section, I survey some possible ways of responding to the objection as a way of situating the Buddhist response alongside contemporary work. In the final section, I draw upon writing by Vasubandhu and Śāntideva in reconstructing a (...) Mahāyāna response to the objection. An essential component of this response is the psychological transformation that the bodhisattva achieves as a result of realizing the nonexistence of the self. This allows him to radically identify his well-being with the well-being of others, thereby lessening the tension between self and others upon which the overdemandingness objection usually depends. Emphasizing the attention Mahāyāna authors pay to lessening moral demandingness in this way increases our appreciation of the philosophical sophistication of their moral thought and highlights an important strategy for responding to the overdemandingness objection that has been underdeveloped in contemporary work. (shrink)

In this essay several challenges are raised to the project of classifying Śāntideva’s ethical reasoning given in his Bodhicaryāvatāra, or Guide to the Way of the Bodhisattva, as a species of ethical theory such as consequentialism or virtue ethics. One set of difficulties highlighted here arises because Śāntideva wrote this text to act as a manual of psychological transformation, and it is therefore often difficult to determine when his statements indicate his own ethical views. Further, even assuming we can identify (...) a set of statements that accurately portray the moral position of Śāntideva, it is argued that these statements underdetermine which foundational normative theory should be ascribed to him. (shrink)

This article explores the role of weakness of will in the Indian Buddhist tradition, and in particular within Śāntideva’s Introduction to the Practice of Awakening. In agreement with Jay Garfield, I argue that there are important differences between Aristotle’s account of akrasia and Buddhist moral psychology. Nevertheless, taking a more expanded conception of weakness of will, as is frequently done in contemporary work, allows us to draw significant connections with the pluralistic account of psychological conflict found in Buddhist texts. I (...) demonstrate this by showing how Amélie Rorty’s expanded treatment of akrasia as including emotional response and perceptual classification allows us to recognize that one of the purposes of many of Śāntideva’s meditations is to treat various forms of akratic response. (shrink)

The hard problem – focusing essentially on vision here – is in fact the problem of the origin of our image of the external world. This formulation in terms of the “image” is never seen stated, for the forms populating our image of the world are considered computable, and not considered qualia – the “redness” of the cube is the problem, not the cube as form. Form, however, cannot be divorced from motion and hence from time. Therefore we must examine (...) the classical, spatial metaphysic of space and time, for practical purposes initiated by Galileo, wherein the real has been equated with the quantitative and wherein quality has been stripped from the material world. In this metaphysic, which sees form as quantitative or computable, the origin of qualia is problematic, with a problem of even greater primacy becoming the “memory” that supports the transforming events of perception, e.g., rotating cubes, buzzing flies, twisting leaves. It is this memory, supporting time-extended, flowing events, that necessarily supports all qualia. The concept of storage of “snapshots” of time-flowing events, a notion which the classic metaphysic engenders, is unworkable as a solution to the perception of these flows. Form, in fact being dynamic and defined over flowing fields, equally is a quality, equally requires this memory, and since forms populate the image, the origin of the entire image is indeed a problem. The counter-proposal becomes Bergson’s temporal metaphysic wherein motion is indivisible (or non-differentiable), the global motion of the universal field itself then carrying an intrinsic form of memory. In this framework, with this field viewed as holographic, Bergson provides a unique solution – one that leaves the problem of representation behind – as to how the brain specifies the qualitative image of the dynamically transforming external world. (shrink)

The Special Theory of Relativity (STR) holds sway as a theory of time due to its apparently successful predictive structure regarding time-related phenomena such as the increased life spans of mesons or retarded clocks on jets circling the globe, and due to the relativization of simultaneity intrinsic to this theoretical structure. Yet the very structure of the theory demands that such very real physical effects be construed as non-ontological. The scope and depth of this contradiction is explored and, if these (...) time-changes are indeed viewed as ontological effects within STR, an additional problem for the theory is introduced in the context of perception. The origins of this confused situation arise as a result of the fact that STR is an expression of a classical, spatial metaphysic – a framework that equally underpins current discussions of the hard problem. This metaphysic holds an inadequate concept of time and a failure to acknowledge the reality of simultaneous causal flows. These problems are developed against the background of an alternative, namely, the temporal metaphysic of Bergson – a framework that provides a profoundly different base for viewing both relativity and consciousness. (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our problems, (...) when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and (...) ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the statutory language was originally adopted in 1795, it was apparently read to address all children born outside of the United States proper, which would include those born in the Canal Zone. Patterns of historical usage, early interpretations of the citizenship statutes, contemporaneous expressions of the statutes' purpose, and the actual application of the statutes to cases analogous to McCain's all confirm this understanding. More recently, the acquisition of America's outlying possessions lent plausibility to new interpretations of the law. But because the key language was never altered between 1795 and 1936, its original meaning was preserved intact, making John McCain a U.S. citizen at birth. (This paper is still a work in progress; comments and suggestions are greatly appreciated.). (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the role of (...) history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...) Hart saw legal rules as determined by social rules accepted by a particular community. We argue that this acceptance requires no genuine normative commitment; agreement or compliance with the rules might even be feigned. And this community need not be limited to an official class, but includes all who jointly accept the rules. Having rejected these artificial limits, one can take the official story at its word. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

This essay analyzes the provocative image of the bodhisattva, the saint of the Indian Mahayana Buddhist tradition, descending into the hell realms to work for the benefit of its denizens. Inspired in part by recent attempts to naturalize Buddhist ethics, I argue that taking this ‘mythological’ image seriously, as expressing philosophical insights, helps us better understand the shape of Mahayana value theory. In particular, it expresses a controversial philosophical thesis: the claim that no amount of physical pain can disrupt the (...) flourishing of a fully virtuous person. I reconstruct two related elements of early Buddhist psychology that help us understand this Mahayana position: the distinction between hedonic sensation and virtuous or nonvirtous mental states ; and the claim that humans are massively deluded as to what constitutes well-being. Doing so also lets me emphasize the continuity between early Buddhist and Mahayana traditions in their views on well-being and flourishing. (shrink)

In discussion on consciousness and the hard problem, there is an unquestioned background assumption, namely, our experience is stored in the brain. Yet Bergson argued that this very question, “Is experience stored in the brain?” is the critical issue in the problem of consciousness. His examination of then-current memory research led him, save for motor or procedural memory, to a “no” answer. Others, for example Sheldrake, have continued this negative assessment of the research findings. So, has this assumption actually been (...) proven since Bergson? Do we know how experience is stored? Or that it is stored? Here, a recent review and model of memory is examined to see where this assumption actually stands. Again, the assessment will be that nothing has changed. The core of the problem, it will be argued, lies in two things: Firstly, the search for how/where experience is stored is motivated—rephrasing Bergson—in the classic metaphysic, a framework on space and time whose logic cannot be coherently, logically adhered to in attempting to explain how experience is stored. Secondly, the search generally assumes an inadequate theory of perception that is implicitly based in this classic metaphysic. If framed within Bergson’s model of perception and his temporal metaphysic, conjoined with J. J. Gibson’s model, the storage-search appears misguided from the start. (shrink)

This essay considers the eighth century Indian Buddhist monk, Śāntideva’s strategy of using the afflictive mental states for progress towards liberation in his Introduction to the Practice of Awakening. I begin by contrasting two images from the first chapter that represent the power of bodhicitta: the fires destroying the universe at the end of time, and the mercury elixir that transmutes base metals into gold. The first of these, I argue, better illustrates the text’s predominant strategy of destroying the afflictive (...) mental states directly by their antidotes. The second, in contrast, represents an alternative strategy in which afflictive mental states like anger, craving and delusion, are manipulated for liberative gain. I offer several examples of Śāntideva’s use of the kleśas in his text, and argue that they can be understood as a continuation of the logic of skillful means, in which destructive actions, and here destructive mental states, are used to lessen suffering. Finally, I suggest that one reason Śāntideva employs the kleśas in this way is because of his realization that many practitioners early on the bodhisattva path will lack the motivation necessary to successfully pursue the difficult training of the bodhisattva. (shrink)

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

The current global COVID-19 pandemic has led to a deep and multidimensional crisis across all sectors of society. As countries contemplate their mobility and social-distancing policy restrictions, we have a unique opportunity to re-imagine the deliberative frameworks and value priorities in our food systems. Pre-pandemic food systems at global, national, regional and local scales already needed revision to chart a common vision for sustainable and ethical food futures. Re-orientation is also needed by the relevant sciences, traditionally siloed in their disciplines (...) and without adequate attention paid to how the food system problem is variously framed by diverse stakeholders according to their values. From the transdisciplinary perspective of food ethics, we argue that a post-pandemic scheme focused on bottom-up, regional, cross-sectoral and non-partisan deliberation may provide the re-orientation and benchmarks needed for not only more sustainable, but also more ethical food futures. (shrink)

This article examines whether people share the Gettier intuition (viz. that someone who has a true justified belief that p may nonetheless fail to know that p) in 24 sites, located in 23 countries (counting Hong-Kong as a distinct country) and across 17 languages. We also consider the possible influence of gender and personality on this intuition with a very large sample size. Finally, we examine whether the Gettier intuition varies across people as a function of their disposition to engage (...) in “reflective” thinking. (shrink)

Despite a large and multifaceted effort to understand the vast landscape of phenotypic data, their current form inhibits productive data analysis. The lack of a community-wide, consensus-based, human- and machine-interpretable language for describing phenotypes and their genomic and environmental contexts is perhaps the most pressing scientific bottleneck to integration across many key fields in biology, including genomics, systems biology, development, medicine, evolution, ecology, and systematics. Here we survey the current phenomics landscape, including data resources and handling, and the progress that (...) has been made to accurately capture relevant data descriptions for phenotypes. We present an example of the kind of integration across domains that computable phenotypes would enable, and we call upon the broader biology community, publishers, and relevant funding agencies to support efforts to surmount today's data barriers and facilitate analytical reproducibility. (shrink)

Last year saw the 20th anniversary edition of JECP, and in the introduction to the philosophy section of that landmark edition, we posed the question: apart from ethics, what is the role of philosophy ‘at the bedside’? The purpose of this question was not to downplay the significance of ethics to clinical practice. Rather, we raised it as part of a broader argument to the effect that ethical questions – about what we should do in any given situation – are (...) embedded within whole understandings of the situation, inseparable from our beliefs about what is the case, what it is that we feel we can claim to know, as well as the meaning we ascribe to different aspects of the situation or to our perception of it. Philosophy concerns fundamental questions: it is a discipline requiring us to examine the underlying assumptions we bring with us to our thinking about practical problems. Traditional academic philosophers divide their discipline into distinct areas that typically include logic: questions about meaning, truth and validity; ontology: questions about the nature of reality, what exists; epistemology: concerning knowledge; and ethics: how we should live and practice, the nature of value. Any credible attempt to analyse clinical reasoning will require us to think carefully about these types of question and the relationships between them, as they influence our thinking about specific situations and problems. So, the answers to the question we posed, about the role of philosophy at the bedside, are numerous and diverse, and that diversity is illustrated in the contributions to this thematic edition. (shrink)

In the remainder of this article, we will disarm an important motivation for epistemic contextualism and interest-relative invariantism. We will accomplish this by presenting a stringent test of whether there is a stakes effect on ordinary knowledge ascription. Having shown that, even on a stringent way of testing, stakes fail to impact ordinary knowledge ascription, we will conclude that we should take another look at classical invariantism. Here is how we will proceed. Section 1 lays out some limitations of previous (...) research on stakes. Section 2 presents our study and concludes that there is little evidence for a substantial stakes effect. Section 3 responds to objections. The conclusion clears the way for classical invariantism. (shrink)

Until recently, psychologists have conceptualised and studied trust in God (TIG) largely in isolation from contemporary work in theology, philosophy, history, and biblical studies that has examined the topic with increasing clarity. In this article, we first review the primary ways that psychologists have conceptualised and measured TIG. Then, we draw on conceptualizations of TIG outside the psychology of religion to provide a conceptual map for how TIG might be related to theorised predictors and outcomes. Finally, we provide a research (...) agenda for future empirical work in this area, as well as practical applications for counsellors and religious leaders. (shrink)

Is behavioral integration (i.e., which occurs when a subjects assertion that p matches her non-verbal behavior) a necessary feature of belief in folk psychology? Our data from nearly 6,000 people across twenty-six samples, spanning twenty-two countries suggests that it is not. Given the surprising cross-cultural robustness of our findings, we suggest that the types of evidence for the ascription of a belief are, at least in some circumstances, lexicographically ordered: assertions are first taken into account, and when an agent sincerely (...) asserts that p, non-linguistic behavioral evidence is disregarded. In light of this, we take ourselves to have discovered a universal principle governing the ascription of beliefs in folk psychology. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

The autobiographical essay, "Thirty-five Years of Research on Kant: a Retrospective Overview", is here translated into Portuguese by Henrique Azevedo. The English version has not been published, but can be provided to interested readers, upon request.

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

As biological and biomedical research increasingly reference the environmental context of the biological entities under study, the need for formalisation and standardisation of environment descriptors is growing. The Environment Ontology (ENVO) is a community-led, open project which seeks to provide an ontology for specifying a wide range of environments relevant to multiple life science disciplines and, through an open participation model, to accommodate the terminological requirements of all those needing to annotate data using ontology classes. This paper summarises ENVO’s motivation, (...) content, structure, adoption, and governance approach. (shrink)

Editors' introduction to 3rd thematic issue on philosophy of medicine.

A wide variety of ontologies relevant to the biological and medical domains are available through the OBO Foundry portal, and their number is growing rapidly. Integration of these ontologies, while requiring considerable effort, is extremely desirable. However, heterogeneities in format and style pose serious obstacles to such integration. In particular, inconsistencies in naming conventions can impair the readability and navigability of ontology class hierarchies, and hinder their alignment and integration. While other sources of diversity are tremendously complex and challenging, agreeing (...) a set of common naming conventions is an achievable goal, particularly if those conventions are based on lessons drawn from pooled practical experience and surveys of community opinion. We summarize a review of existing naming conventions and highlight certain disadvantages with respect to general applicability in the biological domain. We also present the results of a survey carried out to establish which naming conventions are currently employed by OBO Foundry ontologies and to determine what their special requirements regarding the naming of entities might be. Lastly, we propose an initial set of typographic, syntactic and semantic conventions for labelling classes in OBO Foundry ontologies. Adherence to common naming conventions is more than just a matter of aesthetics. Such conventions provide guidance to ontology creators, help developers avoid flaws and inaccuracies when editing, and especially when interlinking, ontologies. Common naming conventions will also assist consumers of ontologies to more readily understand what meanings were intended by the authors of ontologies used in annotating bodies of data. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

Instrumentalists about need believe that all needs are instrumental, i.e., ontologically dependent upon ends, goals or purposes. Absolutists view some needs as non-instrumental. The aims of this article are: clearly to characterize the instrumentalism/absolutism debate that is of concern (mainly §1); to establish that both positions have recent and current adherents (mainly §1); to bring what is, in comparison with prior literature, a relatively high level of precision to the debate, employing some hitherto neglected, but important, insights (passim); to show, (...) on grounds not previously to the fore in the literature, that insofar as instrumentalism’s advocates have provided arguments for the position, these are unsound (§2); to argue against instrumentalism using a new dilemma concerning whether ‘end’, ‘goal’ and ‘purpose’ are interpreted in a mentalistic manner (§3); to elucidate the implications of the needs/need-satisfiers and preconditions/means distinctions for the debate (§4). (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

In a survey of his views in the philosophy of mind, David Lewis criticizes much recent work in the field by attacking an imaginary opponent, Strawman. His case against Strawman focuses on four central theses which Lewis takes to be widely accepted among contemporary philosophers of mind. These theses concern (1) the language of thought hypothesis and its relation to folk psychology, (2) narrow content, (3) de se content, and (4) rationality. We respond to Lewis, arguing that (...) he underestimates Strawman’s theoretical resources in a variety of important ways. (shrink)

A standard way of representing causation is with neuron diagrams. This has become popular since the influential work of David Lewis. But it should not be assumed that such representations are metaphysically neutral and amenable to any theory of causation. On the contrary, this way of representing causation already makes several Humean assumptions about what causation is, and which suit Lewis’s programme of Humean Supervenience. An alternative of a vector diagram is better suited for a powers ontology. Causation (...) should be understood as connecting property types and tokens where there are dispositions towards some properties rather than others. Such a model illustrates how an effect is typically polygenous: caused by many powers acting with each other, and sometimes against each other. It models causation as a tendency towards an effect which can be counteracted. The model can represent cases of causal complexity, interference, over-determination and causation of absence (equilibrium). (shrink)

Some of the most enduring skeptical arguments invoke stories of deception -- the evil demon, convincing dreams, an envatted brain, the Matrix -- in order to show that we have no first-order knowledge of the external world. I confront such arguments with a dilemma: either (1) they establish no more than the logical possibility of error, in which case they fail to threaten fallible knowledge, the only kind of knowledge of the external world most of us think we have anyway; (...) or (2) they defeat themselves because they must grant us empirical knowledge or justified beliefs of the very kind they must also entirely deny us. Either way they pose no significant threat. (shrink)

Berkeley argues that claims about divine predication (e.g., God is wise or exists) should be understood literally rather than analogically, because like all spirits (i.e., causes), God is intelligible only in terms of the extent of his effects. By focusing on the harmony and order of nature, Berkeley thus unites his view of God with his doctrines of mind, force, grace, and power, and avoids challenges to religious claims that are raised by appeals to analogy. The essay concludes by showing (...) how a letter, supposedly by Berkeley, to Peter Browne ("discovered" in 1969 by Berman and Pittion) is, in fact, by John Jackson (1686-1763), controversial theologian and friend of Samuel Clarke. (shrink)

(Original French text followed by English version.) For Berkeley, mathematical and scientific issues and concepts are always conditioned by epistemological, metaphysical, and theological considerations. For Berkeley to think of any thing--whether it be a geometrical figure or a visible or tangible object--is to think of it in terms of how its limits make it intelligible. Especially in De Motu, he highlights the ways in which limit concepts (e.g., cause) mark the boundaries of science, metaphysics, theology, and morality.

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l 990s, (...) the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

Since nothing about God is passive, and the perception of pain is inherently passive, then it seems that God does not know what it is like to experience pain. Nor would he be able to cause us to experience pain, for his experience would then be a sensation (which would require God to have senses, which he does not). My suggestion is that Berkeley avoids this situation by describing how God knows about pain “among other things” (i.e. as something whose (...) identity is intelligible in terms of the integrated network of things). This avoids having to assume that God has ideas (including pain) apart from his willing that there be perceivers who have specific ideas that are in harmony or not in harmony with one another. (shrink)

Immanuel Kant’s theory of justifiable resistance to authority is complex and, at times, appears to conflict with his own practice, if not with itself. He distinguishes between the role of authority in “public” and “private” contexts. In private—e.g., when a person is under contract to do a specific job or accepts a social contract with one’s government—resistance is forbidden; external behavior must be governed by policy or law. In contexts involving the public use of reason, on the other hand—e.g., when (...) a person is faced with a moral decision or is engaged in a philosophical dispute—the freedom of conscience sometimes requires resistance, especially in cases where other persons inappropriately attempt to usurp authority over matters that are rightfully up to the individual to decide. In texts such as Perpetual Peace, Kant looks forward to a political situation wherein no political resistance (e.g., in the form of war) would be necessary. Yet in Metaphysics of Morals, he argues that a citizen never has the right to revolt against one’s government, suggesting we must cooperate even with war. On a personal level, Kant openly praised both the American and the French revolutions; yet when his own writings on religion were deemed by the censor to have come into conflict with the king’s edict, Kant failed to resist the (arguably unjust) authority; instead, he gave up his (apparently public) right to free philosophical expression, promising never to write or speak on religion again during the king’s reign. I shall argue that a key to resolving these tensions lies in the principle that universities must promote a healthy, public “conflict” between philosophers and all “private” employments of reason. The only ground for disallowing private resistance, therefore, is the underlying presence of genuine philosophical resistance. (shrink)

Kant’s theory of religion has often been portrayed as leaving no room for grace. Even recent interpreters seeking to affirm Kantian religion find his appeal to grace unconvincing, because they assume the relevant section of Religion (Second Piece, Section One, Subsection C) is an attempt to construct a theology of divine assistance. Yet Kant’s goal in attempting to solve the three "difficulties" with belief in grace is to defend an ethics of grace – i.e., an account of how someone can (...) believe in grace without succumbing to the tendency to become morally lazy. After introducing the three difficulties and offering a perspectival interpretation of how Kant intends to solve each one, this paper interprets Kant’s phenomenon-noumenon distinction in a way that clarifies how his solutions to these difficulties all focus on the believer’s ethical state, not on transcendent theological constructions. (shrink)

This paper argues that the reading of Althusser which finds a pronounced continuity in his conception of the relations among science, philosophy, and politics is the correct one, this essay will begin with an examination of Althusser’s “scientism.” The meaning of this term (one that differs slightly from contemporary usages) will be specified before showing how and in what way Althusser’s political philosophy between 1960 and 1980 can be described as “scientistic.” The next section details the important political role Althusser (...) assigned to the sciences and particularly to the science of historical materialism during this period. This accomplished, the arguments of interpreters who emphasize the apparent difference in Althusser’s attitude towards science before and after 1980 will be considered. Here, possible reasons for such a reading will be rehearsed. Next, with the support of recently published and archival documents, this essay will engage in a close and comparative reading of Althusser’s texts from the 1970s and 1980s that have as their subject the relations among philosophy, science, and politics. This survey will show the continuity in Althusser’s position vis-à-vis the sciences: namely, that if we want good (i.e. desired) socio-politico-economic changes to result from our political actions, then it is necessary to engage in social scientific research or, at the very least, to consult such research and to use this knowledge in our political decision making. All this serves to support the conclusion that Althusser’s “new” political philosophy from the 1980s is not really so new. On the contrary, his writings on the materialism of the encounter and aleatory materialism represent prolongations and elaborations of positions and ideas already developed in the 1960s and 1970s and that include a mostly consistent understanding of the relations between scientific knowledge and political action. This is true even if the rhetorical and philosophical style in which these ideas are put forth in the 1980s differs from the ways in which these ideas were introduced during the prior two decades. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

This paper argues that the innovation of an ordering source parameter in the standard Lewis-Kratzer semantics for modals was a mistake, at least for English auxiliaries like ‘ought’, and that a simpler dyadic semantics (as proposed in my earlier work) provides a superior account of normative uses of modals. I programmatically investigate problems arising from (i) instrumental conditionals, (ii) gradability and “weak necessity”, (iii) information-sensitivity, and (iv) conflicts, and show how the simpler semantics provides intuitive solutions given three basic (...) moves: (1) an end-relational analysis of normative modality, (2) a “most” analysis of “weak necessity”, and (3) well-motivated appeals to pragmatics. I conclude with metasemantic observations about the desiderata for a semantics for ‘ought’. (shrink)

Kripke, argued like this: it seems possible that E; the appearance can't be explained away as really pertaining to a "presentation" of E; so, pending a different explanation, it is possible that E. Textbook Kripkeans see in the contrast between E and its presentation intimations of a quite general distinction between two sorts of meaning. E's secondary or a posteriori meaning is the set of all worlds w which E, as employed here, truly describes. Its primary or a priori meaning (...) is the set of all w such that if w is actual, then E is true. "Conceivability error" occurs when a primary possibility is mistaken for a secondary one. Textbook Kripkeanism is rejected on the grounds that it makes meaning too modal and modality too much a matter of meaning. (shrink)

This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...) to three sets of four gua in the Yijing: the fourfold nature of the soul in rational psychology (as substantial, simple, unified, spatially related) corresponds to gua 47, 6, 58, 10, respectively; the three “Definitive Articles” and fourth, “Secret Article”, in Perpetual Peace correspond to gua 16, 35,51, 21; and the four objective relations of law to duty in Metaphysics of Morals correspond to gua 45, 12, 17, 25. (shrink)

First, the thorny problem of locating the Midwest is treated. Second, the ancient Stoics’ understanding of nature is proposed as a fertile field of ecological wisdom. The significance of nature in Stoicism is explained. Stoic philosophers (big-S Stoics) are distinguished from stoical non-philosophers (small-s stoics). Nature’s lessons for living a good Stoic life are drawn. Are such lessons too theoretical to provide practical guidance? This worry is addressed by examining the examples of Cincinnatus and Cato the Elder—ancient Romans lauded for (...) their virtues who worked the land. They exhibited the virtues of civic responsibility, justice, self-sufficiency, parsimony, perseverance, equanimity, modesty, and respect for limits—an agrarian virtue dear to Wendell Berry. Agrarianism views rural society as superior to urban society and the independent farmer as superior to the paid worker. Reflection on the virtues of stoical Roman agrarians suggests that features of Roman Stoic agrarianism resonate with a contemporary instantiation of Stoicism in the Midwest. The main thesis is that Midwest Stoic agrarianism (MSA), guided by an array of earthy virtues, promotes agricultural practices that harmonize with nature and support living in agreement with nature, while rejecting agricultural practices contrary to nature and propelled by vice. MSA endorses, e.g., locally sourced, sustainably grown crops instead of CAFOs. MSA tackles the ecological and sociopolitical pressures confronting Midwest farmers in the Anthropocene and can fortify environmental virtue ethics beyond this region. (shrink)