Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

For a long time, economic growth has been seen as the most promising source of funds to use toward reducing economic inequality, as well as a necessity if we are aiming at achieving full employment. But one of the most troubling aspects of the recent exponential rise in economic inequality is that this rise has occurred despite continued economic growth. Increases in national income have gone almost exclusively to the super-rich, while real wages for almost everybody else have stagnated or (...) even declined. And while the unemployment rate dropped significantly before the coronavirus pandemic hit, good, permanent, high-wage jobs with benefits had by then often been replaced by temporary, part-time, low-wage jobs without benefits, leaving even the employed feeling economically insecure. And now, of course, unemployment is again skyrocketing, and it is unclear how long it might take to come down. As a result, we have now arrived at a point of reckoning: can we continue to believe that liberal capitalism is the most promising combination of economic and political ideologies for securing a prosperous and just future? If not, what might replace it? Is the problem capitalism, or is it liberalism? Are we up against economic forces that we cannot influence or control, or is it our political will and the liberal values we endorse that are being tested? This paper looks at all these questions, and suggests how we might think about the prospects for a liberal future. (shrink)

Plenitude, roughly, the thesis that for any non-empty region of spacetime there is a material object that is exactly located at that region, is often thought to be part and parcel of the standard Lewisian package in the metaphysics of persistence. While the wedding of plentitude and Lewisian four-dimensionalism is a natural one indeed, there are a hand-full of dissenters who argue against the notion that Lewisian four-dimensionalism has exclusive rights to plentitude. These ‘promiscuous’ three-dimensionalists argue that a temporalized version (...) of plenitude is entirely compatible with a three-dimensional ontology of enduring entities. While few would deny the coherence of such a position, and much work has been done by its proponents to appease critics, there has been surprisingly little by way of exploring the various forms such an ontology might take as well as the potential advantages of one plenitudinous three-dimensional ontology over another. Here I develop a novel form of plenitudinous three-dimensionalism, what John Hawthorne (Metaphysical essays, 2006a, b) has called “Neo-Aristotelian Plenitude,” and argue that if one is inclined to endorse an abundant three-dimensional ontology, one is wise to opt for a plenitude of accidental unities. (shrink)

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...) diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

The non-reductive physicalist would like to believe that mental properties are not identical to physical properties; that there are complete causal explanations of all events in terms of physical properties; and that there are sometimes explanations of events in terms of mental properties. However, some have argued that these claims cannot all be true, since they are collectively inconsistent with a principle of causal exclusion. In this paper I argue that the best formulation of the interventionist theory of causation entails (...) the falsity of the exclusion principle. However, I argue that it does so at the cost of revealing a weakness in the interventionist theory itself. (shrink)

This chapter delineates several distinct (and often problematically conflated) kinds of sexual exclusion: (1) lack of access to sexual gratification or pleasure, (2) lack of access to partnered sex, and (3) lack of social/psychological validation that comes from being seen as a sexual being. Liberman offers proposals about what our collective responses to these harms should be while weighing in on debates about whether there are rights to various kinds of sexual goods. She concludes that we ought to provide mechanical (...) assistance to those who are incapable of self-stimulation, enhance access to sexual education for everyone, and engage in a systematic effort to change the harmful social norms, stereotypes, and cultural ideals that drive exclusion from partnered sex and can lead to social invalidation. (shrink)

In this paper I show that the problem of temporary intrinsics and a fundamental philosophical problem concerning the doctrine of the incarnation are isomorphic. To do so, I present the problem of temporary intrinsics, along with five responses to the problem. I then present the fundamental problem for Christology, which I call the problem of natural intrinsics. I present six responses to that problem, all but the last analogous to a response to the problem of temporary intrinsics. (...) My goal is not to argue that any individual response to either problem is correct. Instead, my goal is to present and defend an interesting and unnoticed similarity between two different problems, and to note how work on one problem can help with work on the other. -/- This is a penultimate manuscript, and not a final version, of a forthcoming article in Oxford Studies in Philosophy of Religion. As such, please do not cite this version; cite the official version, due out in OSPR VII in 2015. (shrink)

Jaegwon Kim once refrained from excluding distinct mental causes of effects that depend upon the sufficient physical cause of the effect. At that time, Kim also refrained from excluding distinct mental explanations of effects that depend upon complete physical explanations of the effect. More recently, he has excluded distinct mental causes of effects that depend upon the sufficient cause of the effect, since the physical cause is individually sufficient for the effect. But there has been, to this point, no parallel (...) shift in the explanatory realm, such that distinct mental explanations of effects that depend upon complete physical explanations of the effect are excluded since the physical explanation is objectively complete. In this paper I consider, defend, and apply this update to the principle of explanatory exclusion—an update, which, in the final analysis, demonstrates a significant advantage that non-reductive physicalism has over reductive physicalism. (shrink)

Causal exclusion arguments are taken to threaten the autonomy of the special sciences, and the causal efficacy of mental properties. A recent line of response to these arguments has appealed to “independently plausible” and “well grounded” theories of causation to rebut key premises. In this paper I consider two papers which proceed in this vein and show that they share a common feature: they both require causes to be proportional to their effects. I argue that this feature is a bug, (...) and one that generalises: any attempt to rescue the autonomy of the special sciences, or the efficacy of the mental, from exclusion worries had better not look to proportionality for help. (shrink)

The Epistemic Objection says that certain theories of time imply that it is impossible to know which time is absolutely present. Standard presentations of the Epistemic Objection are elliptical—and some of the most natural premises one might fill in to complete the argument end up leading to radical skepticism. But there is a way of filling in the details which avoids this problem, using epistemic safety. The new version has two interesting upshots. First, while Ross Cameron alleges that the Epistemic (...) Objection applies to presentism as much as to theories like the growing block, the safety version does not overgeneralize this way. Second, the Epistemic Objection does generalize in a different, overlooked way. The safety objection is a serious problem for a widely held combination of views: “propositional temporalism” together with “metaphysical eternalism”. (shrink)

ABSTRACT An apparent objection against my theory of instantiation as partial identity is that identity is necessary, yet instantiation is often contingent. To rebut the objection, I show how it can make sense that identity is contingent. I begin by showing how it can make sense that identity is temporary. I rely heavily on Andre Gallois’s formal theory of occasional identity, but argue that there is a gap in his explanation of how his formalisms make sense that needs to (...) be filled by appeal to my theory of Aspects. (shrink)

Parties to a temporary marriage agree in advance that their marriage will only last for a fixed period of time unless renewed: that it will automatically expire after two years, for instance, or five, or twenty. This paper defends the claim that temporary marriages deserve state recognition. The main argument for this is an application of a principle of marriage equality. Some other arguments for are also canvassed, including an argument from religious freedom, and a number of arguments (...) against recognition are also discussed. The paper also discusses the question of whether such “temporary marriages” are in fact a kind of marriage, and defends the claim that they are, or would be, genuinely marriages. (shrink)

The Argument from Temporary Intrinsics is one of the canonical arguments against endurantism. I show that the two standard ways of presenting the argument have limited force. I then present a new version of the argument, which provides a more promising articulation of the underlying objection to endurantism. However, the premises of this argument conflict with the gauge theories of particle physics, and so this version of the argument is no more successful than its predecessors. I conclude that no (...) version of the Argument from Temporary Intrinsics gives us a compelling reason to favor one theory of persistence over another. (shrink)

This commentary offers a coherent reading of the papers presented in the special issue ‘Exclusion, Engagement, and Empathy: Reflections on Public Participation in Medicine and Technology’. Focusing on intellectual self-trust it adds a further perspective on the harmful epistemic consequences of social exclusion for individual agents in healthcare contexts. In addition to some clarifications regarding the concepts of ‘intellectual self-trust’ and ‘social exclusion’ the commentary also examines in what ways empathy, engagement and participatory sense-making could help to avoid threats to (...) intellectual self-trust that arise form being excluded from participation in communicative practices in the context of healthcare. (shrink)

Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral permissibility (...) of such programs. Instead we will focus on the essential protections that must be extended to all migrant workers, irrespective of the length of their migration project. (shrink)

Some non-reductionists claim that so-called ‘exclusion arguments’ against their position rely on a notion of causal sufficiency that is particularly problematic. I argue that such concerns about the role of causal sufficiency in exclusion arguments are relatively superficial since exclusionists can address them by reformulating exclusion arguments in terms of physical sufficiency. The resulting exclusion arguments still face familiar problems, but these are not related to the choice between causal sufficiency and physical sufficiency. The upshot is that objections to the (...) notion of causal sufficiency can be answered in a straightforward fashion and that such objections therefore do not pose a serious threat to exclusion arguments. (shrink)

The issue of downward causation (and mental causation in particular), and the exclusion problem is discussed by taking into account some recent advances in the philosophy of science. The problem is viewed from the perspective of the new interventionist theory of causation developed by Woodward. It is argued that from this viewpoint, a higher-level (e.g., mental) state can sometimes truly be causally relevant, and moreover, that the underlying physical state which realizes it may fail to be such.

The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...) insufficient to provide a complete explanation of certain properties of macroscopic objects. After outlining this solution, I consider several objections. (shrink)

The problem of colour exclusion is not fatal to Ludwig Wittgenstein’s early philosophy, nor was it the catalyst for his later philosophy. The remarks in the Tractatus about the impossibility of the simultaneous occurrence of two colours at a point in the visual field sit comfortably with the remarks in the rest of the book, the discussion of mathematical physics above all. Furthermore Wittgenstein’s second thoughts about the impossibility were a consequence, not the cause, of the subsequent turn in his (...) philosophy. (shrink)

I think that there is an awful lot wrong with the exclusion problem. So, it seems, does just about everybody else. But of course everyone disagrees about exactly _what_ is wrong with it, and I think there is more to be said about that. So I propose to say a few more words about why the exclusion problem is not really a problem after all—at least, not for the nonreductive physicalist. The genuine _dualist_ is still in trouble. Indeed, one of (...) my main points will be that the nonreductive physicalist is in a rather different position vis à vis the exclusion problem than the dualist is. Properly understanding nonreductive physicalism—and clearly recognizing that it is, after all, a form of _physicalism_—goes a long way toward solving the exclusion problem. (shrink)

In this paper I consider an objection that friends of the Metaphysic of Temporal Parts (MTP) press against other solutions to the problem of temporary intrinsics and turn it against the MTP itself. I do not argue that the MTP must be false, nor do I argue that there are no arguments in favor of the MTP. Rather, the conclusion I draw is conditional: if the MTP provides an adequate response to the problem of temporary intrinsics, then the (...) MTP provides no reason to reject our commonsense view of the nature of material objects. (shrink)

The exclusion argument is widely thought to put considerable pressure on dualism if not to refute it outright. We argue to the contrary that, whether or not their position is ultimately true, dualists have a plausible response. The response focuses on the notion of ‘distinctness’ as it occurs in the argument: if 'distinctness' is understood one way, the exclusion principle on which the argument is founded can be denied by the dualist; if it is understood another way, the argument is (...) not persuasive. (shrink)

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this article (...) is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)

A-theoretic presentness is commonly regarded as non-solipsist and non-relative. The non-solipsism of a non-relative, A-theoretic presentness requires at least two space-like separated things to be present simpliciter together – this co-presentness further implies the global, non-relative, non-conventional simultaneity of them. Yet, this implication clashes with the general view that there is no global, non-relative, non-conventional simultaneity in Minkowski space-time. In order to resolve this conflict, this paper explores the possibility that the non-solipsism of a non-relative, A-theoretic presentness does not require (...) at least two space-like separated things to be present simpliciter together. This can be done by holding exclusive disjunctivism –that mutually space-like separated things are present simpliciter exclusively disjunctively, and each one of them gets to be present simpliciter in a non-successive way (just like mutually time-like related things are present simpliciter exclusively disjunctively, and each one of them gets to be present simpliciter, but in a successive way). (shrink)

Many philosophers argue that exclusion arguments cannot exclude non-reductionist physicalist mental properties from being causes without excluding properties that are patently causal as well. List and Stoljar (2017) recently argued that a similar response to exclusion arguments is also available to dualists, thereby challenging the predominant view that exclusion arguments undermine dualist theories of mind. In particular, List and Stoljar maintain that exclusion arguments against dualism require a premise that states that, if a property is metaphysically distinct from the sufficient (...) cause of an effect, this property cannot be a cause of that effect. I argue that this premise is indeed likely to exclude patently causal properties, but that exclusion arguments against dualism do not require this premise. The relation that enables metaphysically distinct properties to cause the same effect in the relevant way turns out to be tighter than the relation typically posited between dualist conscious properties and their underlying physical properties. It is therefore still plausible that the latter causally exclude the former and that compelling exclusion arguments against dualism can be formulated by using a weaker exclusion premise. I conclude by proposing such a formulation. (shrink)

The distinction between the mental operations of abstraction and exclusion is recognized as playing an important role in many of Descartes’ metaphysical arguments, at least after 1640. In this paper I first show that Descartes describes the distinction between abstraction and exclusion in the early Rules for the Direction of the Mind, in substantially the same way he does in the 1640s. Second, I show that Descartes makes the test for exclusion a major component of the method proposed in the (...) Rules. Third, I argue that in Rule 14 the exclusion-abstraction distinction is connected to a theory of distinctions, which includes a notion of real distinction as essentially tied to the imagination. This sheds light on Descartes’ development in and after the Rules. (shrink)

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

In the beginning of the 1970s, Michel Foucault dismisses the terminology of ‘exclusion’ for his projected analytics of modern power. This rejection has had major repercussions on the theory of neoliberal subject-formation. Many researchers disproportionately stress how neoliberal dispositifs produce entrepreneurial subjects, albeit in different ways, while minimizing how these dispositifs sometimes emphatically refuse to produce neoliberal subjects. Relying on Saskia Sassen’s work on financialization, I argue that neoliberal dispositifs not only apply entrepreneurial norms, but also suspend their application for (...) groups that threaten to harm the population’s profitability. Neoliberal dispositifs not only produce entrepreneurial subjects, but also surplus populations that are expelled from the overall population to maintain its productivity. Here, the concept of ‘exclusion’ is appropriate if understood in Agamben’s sense of an inclusive exclusion. The surplus population is part of neoliberal dispositifs, but only as the element to be abandoned. (shrink)

Intuitions play an important role in the debate on the causal status of high‐level properties. For instance, Kim has claimed that his “exclusion argument” relies on “a perfectly intuitive … understanding of the causal relation.” We report the results of three experiments examining whether laypeople really have the relevant intuitions. We find little support for Kim's view and the principles on which it relies. Instead, we find that laypeople are willing to count both a multiply realized property and its realizers (...) as causes, and regard the systematic overdetermination implied by this view as unproblematic. (shrink)

This paper introduces Exclusion Logic - a simple modal logic without negation or disjunction. We show that this logic has an efficient decision procedure. We describe how Exclusion Logic can be used as a deontic logic. We compare this deontic logic with Standard Deontic Logic and with more syntactically restricted logics.

Wittgenstein’s atomist picture, as embodied in his Tractatus, is initially very appealing. However, it faces the famous colour-exclusion problem. In this paper, I shall explain when the atomist picture can be defended in the face of that problem; and, in the light of this, why the atomist picture should be rejected. I outline the atomist picture in Section 1. In Section 2, I present a very simple necessary and sufficient condition for the tenability of the atomist picture. The condition is: (...) logical space is a power of two. In Sections 3 and 4, I outline the colour-exclusion problem, and then show how the cardinality-condition supplies a response to exclusion problems. In Section 5, I explain how this amounts to a distillation of a proposal due to Moss, which goes back to Carruthers. And in Section 6, I show how all this vindicates Wittgenstein’s ultimate rejection of the atomist picture. The brief reason is that we have no guarantee that there are any solutions to a given exclusion problem but, if there are any, then there are far too many. (shrink)

This paper is about the causal exclusion argument against non-reductive physicalism. Many philosophers think that this argument poses a serious problem for non-reductive theories of the mind — some think that it is decisive against them. In the first part I will outline non-reductive physicalism and the exclusion argument. Then I will distinguish between three versions of the argument that address three different versions of non-reductive physicalism. According to the first, the relation between mental and physical events is token-identity. According (...) to the second, mental events are distinct from physical events, but the latter metaphysically include and determine the former. And on the third version, mental and physical events are entirely distinct. I will argue that the causal exclusion argument is not decisive against non-reductive physicalism in any of the three versions. According to non-reductive physicalism, mental events are dependent on physical events. Causal exclusion and overdetermination, however, requires distinct and independent causes. I will argue that the burden of proof lies with the opponents of non-reductive physicalism, who have to explain how metaphysically dependent events can possibly overdetermine an effect or exclude each other from being causally efficacious. (shrink)

Proves two simple identities relating the biconditional and exclusive disjunction. -/- The PDF has been made available gratis by the publisher.

For most people using an advertising slogan as the title for a philosophical paper is going to seem, at best, provocative, and at worst, simply cynical. However, this kind of cynical provocation is precisely what I want to address. That is, Marks and Spencer's tagline 'exclusively for everyone' is an affront to rational thought, but this is also the motive for its effectiveness. Rather than simply stating what's on offer, it plays to our dreams; rather than simply offering to match (...) our expectations, it promises to exceed them. (shrink)

The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in colonising Africa and other regions. (...) While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. -/- The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould. (shrink)

Thus far, the recognition approach as described in the works of Axel Honneth has not systematically engaged with the problem of poverty. To fill this gap, the present contribution will focus on poverty conceived as social exclusion in the context of the European Union and probe its moral significance. It will show that this form of social exclusion is morally harmful and wrong from the perspective of the recognition approach. To justify this finding, social exclusion has to fulfil three conditions: (...) (i) it has to be experienced as harmful by the socially excluded, (ii) it has to meet certain objective criteria, and (iii) it has to violate normative claims embedded within society. (shrink)

It is standardly assumed that there are three — and only three — ways to solve problem of temporary intrinsics: (a) embrace presentism, (b) relativize property possession to times, or (c) accept the doctrine of temporal parts. The first two solutions are favoured by endurantists, whereas the third is the perdurantist solution of choice. In this paper, I argue that there is a further type of solution available to endurantists, one that not only avoids the usual costs, but is (...) structurally identical to the temporal-parts solution preferred by perdurantists. In addition to providing a general characterization of this new type of solution, I discuss certain of its anticipations in the literature on bundle theory, as well as provide a detailed development of it in terms of my own preferred metaphysics of ordinary objects — namely, a distinctive form of substratum theory tracing to Aristotle. (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the presumption (...) that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)

Philosophical dialetheism, whose main exponent is Graham Priest, claims that some contradictions hold, are true, and it is rational to accept and assert them. Such a position is naturally portrayed as a challenge to the Law of Non-Contradiction (LNC). But all the classic formulations of the LNC are, in a sense, not questioned by a typical dialetheist, since she is (cheerfully) required to accept them by her own theory. The goal of this paper is to develop a formulation of the (...) Law which appears to be unquestionable, in the sense that the Priestian dialetheist is committed to accept it without also accepting something inconsistent with it, on pain of trivialism—that is to say, on pain of lapsing into the position according to which everything is the case. This will be achieved via (a) a discussion of Priest's dialetheic treatment of the notions of rejection and denial; and (b) the characterization of a negation via the primitive intuition of content exclusion. Such a result will not constitute a cheap victory for the friends of consistency. We may just learn that different things have been historically conflated under the label of 'Law of Non-Contradiction'; that dialetheists rightly attack some formulations of the Law, and orthodox logicians and philosophers have been mistaken in assimilating them to the indisputable one. (shrink)

I describe a phenomenon that has not yet been described in the epistemology literature. I label this phenomenon expression-style exclusion. Expression-style exclusion is an example of how s...

Resumen: El diálogo fallido entre Estado y pueblo mapuche se enraíza en la formación misma del Estado chileno promovido por una elite que construye una institucionalidad a su imagen y semejanza, ilusamente homogénea e invisibilizadora de las diferencias. No obstante, el mismo espíritu “civilizador” que espera integrar a estas minorías asimilándolas, facilita la inserción de estas minorías en el diálogo postmoderno acerca de la interculturalidad, en el cual se enfrentan a la perspectiva multiculturalista que no da cuenta del acto de (...) reconocimiento que implica convivir con la otredad. (shrink)

Advocates of physician-assisted suicide often argue that, although the provision of PAS is morally permissible for persons with terminal, somatic illnesses, it is impermissible for patients suffering from psychiatric conditions. This claim is justified on the basis that psychiatric illnesses have certain morally relevant characteristics and/or implications that distinguish them from their somatic counterparts. In this paper, I address three arguments of this sort. First, that psychiatric conditions compromise a person’s decision-making capacity. Second, that we cannot have sufficient certainty that (...) a person’s psychiatric condition is untreatable. Third, that the institutionalisation of PAS for mental illnesses presents morally unacceptable risks. I argue that, if we accept that PAS is permissible for patients with somatic conditions, then none of these three arguments are strong enough to demonstrate that the exclusion of psychiatric patients from access to PAS is justifiable. (shrink)

Consider the following causal exclusion principle: For all distinct properties F and F* such that F* supervenes on F, F and F* do not both cause a property G. Peter Menzies and Christian List have proven that it follows from a natural conception of causation as difference-making that this exclusion principle is not generally true. Rather, it turns out that whether the principle is true is a contingent matter. In addition, they have shown that in a wide range of empirically (...) ordinary cases, it follows that F* causes G and F does not. These cases plausibly include instances where F* is a mental property and F and G are physical properties. If this is the right conception of causation, it therefore turns out that the physical world is not causally closed. In this paper I show that there is an alternative conception of causation as difference-making that does not have the same consequences. Whether the physical world is causally closed therefore turns out to depend, inter alia, on which conception of difference-making is correct. I give a number of arguments for the alternative conception of difference-making. (shrink)

When life-saving medical resources are scarce and not everyone can be saved, is the only relevant goal saving the most lives? Or can other factors be considered, at least as tiebreakers, such as how early in life the people we don't save will die or how much future life they are likely to lose? This commentary defends a multiprinciple allocation approach that considers objectives in addition to saving more lives, including preventing early death and preventing harm in the form of (...) lost future life. Particularly compared to an arbitrary, coin-flip tiebreaker, this multiprinciple approach more effectively prevents harm, prioritizes the worst-off, mitigates socioeconomic and racial health disparities, and tracks public values regarding allocation under scarcity—and is legally sound. -/- . (shrink)