The nature of the cognition-motor interface has been brought to prominence by Butterfill & Sinigaglia, who argue that the representations employed by the cognitive and motor systems should not be able to interact with each other. Here I argue that recent empirical evidence concerning the interface contradicts several of the assumptions incorporated in Butterfill & Sinigaglia’s account, and I seek to develop a theoretical picture that will allow us to explain the structure of the interface presented by this evidence. The (...) central idea is that neural plasticity incorporates metarepresentational rules for constructing representational systems and linking them. The structure of the cognition-motor interface is constructed flexibly during development and skill learning based on information processing demands. (shrink)

Empirical work and philosophical analysis have led to widespread acceptance that vision for action, served by the cortical dorsal stream, is unconscious. I argue that the empirical argument for this claim is unsound. That argument relies on subjects’ introspective reports. Yet on biological grounds, in light of the theory of primate cortical vision, introspection has no access to dorsal stream mediated visual states. It is thus wrongly assumed that introspective reports speak to absent phenomenology in the dorsal stream. In light (...) of this, I consider a different conception of consciousness’s relation to agency in terms of access. While theoretical reasons suggest that the inaccessibility of the dorsal stream to conceptual report is evidence that it is unconscious, this position begs important questions. I propose a broader notion of access in respect of the guidance of intentional agency and not, narrowly, conceptual report (Note: this paper contradicts my earlier paper, "The Case for Zombie Agency"). (shrink)

Tasks, tools, and techniques that we perform, use, and acquire, define the elements of expertise which we value as the hallmarks of goal-driven behavior. Somehow, the creation of tools enables us to define new tasks, or is it that the envisioning of new tasks drives us to invent new tools? Or maybe it is that new tools engender new techniques which then result in new tasks? This jumble of issues will be explored and discussed in this diverse collection of papers. (...) Individually, few of the papers are related to each other by topic or by techniques of analysis. Collectively, all focus on tasks performed using tools and discuss the techniques of tool use which enable differences in performance and expertise across individuals, societies, and (even) species. -/- . (shrink)

The standard treatment of conditional probability leaves conditional probability undefined when the conditioning proposition has zero probability. Nonetheless, some find the option of extending the scope of conditional probability to include zero-probability conditions attractive or even compelling. This article reviews some of the pitfalls associated with this move, and concludes that, for the most part, probabilities conditional on zero-probability propositions are more trouble than they are worth.

Milner and Goodale's influential account of the primate cortical visual streams involves a division of consciousness between them, for it is the ventral stream that has the responsibility for visual consciousness. Hence, the dorsal visual stream is a ‘zombie’ stream. In this article, I argue that certain information carried by the dorsal stream likely plays a central role in the egocentric spatial content of experience, especially the experience of visual spatial constancy. Thus, the dorsal stream contributes to a pervasive feature (...) of consciousness. (shrink)

This paper considers the connection between automaticity, control and agency. Indeed, recent philosophical and psychological works play up the incompatibility of automaticity and agency. Specifically, there is a threat of automaticity, for automaticity eliminates agency. Such conclusions stem from a tension between two thoughts: that automaticity pervades agency and yet automaticity rules out control. I provide an analysis of the notions of automaticity and control that maintains a simple connection: automaticity entails the absence of control. An appropriate analysis, however, shows (...) that actions are forms of control and pervasively automatic even if automaticity implies the absence of control. Consequences are drawn for the theory of mental agency and the psychological concepts of automaticity and control. (shrink)

This essay argues that current theories of action fail to explain agentive control because they have left out a psychological capacity central to control: attention. This makes it impossible to give a complete account of the mental antecedents that generate action. By investigating attention, and in particular the intention-attention nexus, we can characterize the functional role of intention in an illuminating way, explicate agentive control so that we have a uniform explanation of basic cases of causal deviance in action as (...) well as other defects of agency, explain cases of skilled agency and sharpen questions about the role of thought in agency. This provides for a different orientation in the theory of action. (shrink)

This chapter will review selected aspects of the terrain of discussions about probabilities in statistical mechanics (with no pretensions to exhaustiveness, though the major issues will be touched upon), and will argue for a number of claims. None of the claims to be defended is entirely original, but all deserve emphasis. The first, and least controversial, is that probabilistic notions are needed to make sense of statistical mechanics. The reason for this is the same reason that convinced Maxwell, Gibbs, and (...) Boltzmann that probabilities would be needed, namely, that the second law of thermodynamics, which in its original formulation says that certain processes are impossible, must, on the kinetic theory, be replaced by a weaker formulation according to which what the original version deems impossible is merely improbable. Second is that we ought not take the standard measures invoked in equilibrium statistical mechanics as giving, in any sense, the correct probabilities about microstates of the system. We can settle for a much weaker claim: that the probabilities for outcomes of experiments yielded by the standard distributions are effectively the same as those yielded by any distribution that we should take as a representing probabilities over microstates. Lastly, (and most controversially): in asking about the status of probabilities in statistical mechanics, the familiar dichotomy between epistemic probabilities (credences, or degrees of belief) and ontic (physical) probabilities is insufficient; the concept of probability that is best suited to the needs of statistical mechanics is one that combines epistemic and physical considerations. (shrink)

We respond to Moseley and Wilkinson's defense of inner speech models of AVH.

Do self‐monitoring accounts, a dominant account of the positive symptoms of schizophrenia, explain auditory verbal hallucination? In this essay, I argue that the account fails to answer crucial questions any explanation of auditory verbal hallucination must address. Where the account provides a plausible answer, I make the case for an alternative explanation: auditory verbal hallucination is not the result of a failed control mechanism, namely failed self‐monitoring, but, rather, of the persistent automaticity of auditory experience of a voice. My argument (...) emphasizes the importance of careful examination of phenomenology as providing substantive constraints on causal models of the positive symptoms in schizophrenia. (shrink)

In this paper, I argue that visual attention is cognitively penetrated by intention. I present a detailed account of attention and its neural basis, drawing on a recent computational model of neural modulation during attention: divisive normalization. I argue that intention shifts computations during divisive normalization. The epistemic consequences of attentional bias are discussed.

One finds, in Maxwell's writings on thermodynamics and statistical physics, a conception of the nature of these subjects that differs in interesting ways from the way that they are usually conceived. In particular, though—in agreement with the currently accepted view—Maxwell maintains that the second law of thermodynamics, as originally conceived, cannot be strictly true, the replacement he proposes is different from the version accepted by most physicists today. The modification of the second law accepted by most physicists is a probabilistic (...) one: although statistical fluctuations will result in occasional spontaneous differences in temperature or pressure, there is no way to predictably and reliably harness these to produce large violations of the original version of the second law. Maxwell advocates a version of the second law that is strictly weaker; the validity of even this probabilistic version is of limited scope, limited to situations in which we are dealing with large numbers of molecules en masse and have no ability to manipulate individual molecules. Connected with this is his concept of the thermodynamic concepts of heat, work, and entropy; on the Maxwellian view, these are concepts that must be relativized to the means we have available for gathering information about and manipulating physical systems. The Maxwellian view is one that deserves serious consideration in discussions of the foundation of statistical mechanics. It has relevance for the project of recovering thermodynamics from statistical mechanics because, in such a project, it matters which version of the second law we are trying to recover. (shrink)

Attention has become an important focal point of recent work in ethics and epistemology, yet philosophers continue to be noncommittal about what attention is. In this paper, I defend attention as selection for action in a weak form, namely that selection for action is sufficient for attention. I show that selection for action in this form is part of how we, the folk, experience it and how the cognitive scientist studies it. That is, selection for action pulls empirical and folk-psychology (...) together. Accordingly, philosophers who take seriously either source have reason to work with selection for action as their starting conception of attention. This conception provides a way to bridge empirical and philosophical concerns where attention is central. The theoretical advantages of selection for action have been obscured by the common opinion that it is easily refuted. I defend the position against many of the published objections and then deploy it to provide a foundation for the intuitive, but inchoate idea of attention being more or less, focusing on recent work in the ethics of attention. (shrink)

Tesón's “humanitarian rationales” for the war in Iraq strain the traditional understanding of humanitarian intervention: The first, that the war was fought to overthrow a tyrant. The second, that it was a defense strategy establishing democratic regimes peacefully, but by force if necessary.

We investigate flexibility and problem solving in skilled action. We conducted a field study of mountain bike riding that required a learner rider to cope with major changes in technique and equipment. Our results indicate that relatively inexperienced individuals can be capable of fairly complex 'on-the-fly' problem solving which allows them to cope with new conditions. This problem solving is hard to explain for classical theories of skill because the adjustments are too large to be achieved by automatic mechanisms and (...) too complex and rapid to be achieved by cognitive processes as they are usually understood. A recent theory, Mesh, can explain these results because it posits that skill-specific cognitive abilities develop during skill learning and that control typically involves an interplay between cognitive and automatic mechanisms. Here we develop Mesh further, providing a detailed explanation for these problem solving abilities. We argue that causal representation, metacognitive awareness and other forms of performance awareness combine in the formulation and control of action strategies. We also argue that the structure of control present in this case is inconsistent with Bratman's model of intentions, and that, in the face of high uncertainty and risk, intentions can be much more labile than Bratman recognises. In addition, we found limitations and flaws in problem solving which illuminate the representations involved. Finally, we highlight the crucial role of social and cultural learning in the development of complex skills. (shrink)

Mindfulness-based interventions (MBIs) are being actively implemented in a wide range of fields – psychology, mind/body health care and education at all levels – and there is growing evidence of their effectiveness in aiding present-moment focus, fostering emotional stability, and enhancing general mind/body well-being. However, as often happens with popular innovations, the burgeoning interest in and appeal of mindfulness practice has led to a reductionism and commodification – popularly labelled ‘McMindfulness’ – of the underpinning principles and ethical foundations of such (...) practice which threatens to subvert and militate against the achievement of the original aims of MBIs in general and their educational function in particular. It is argued here that mindfulness practice needs to be organically connected to its spiritual roots if the educational benefits of such practice are to be fully realised. (shrink)

In response to Mole 2009, I present an argument for zombie action. The crucial question is not whether but rather to what extent we are zombie agents. I argue that current evidence supports only minimal zombie agency.

Much work on the sense of agency has focused either on abnormal cases, such as delusions of control, or on simple action tasks in the laboratory. Few studies address the nature of the sense of agency in complex natural settings, or the effect of skill on the sense of agency. Working from 2 case studies of mountain bike riding, we argue that the sense of agency in high-skill individuals incorporates awareness of multiple causal influences on action outcomes. This allows fine-grained (...) differentiation of the contributions of self and external factors to action outcomes. We further argue that the sense of agency incorporates prospective awareness of actions that are possible in a situation and awareness of the limits of control. These forms of sense of agency enable highly flexible, context-sensitive strategic control, and are likely to contribute to high interindividual variability in responses to complex tasks. (shrink)

ABSTRACTTime-consciousness has long been a focus of research in phenomenology and phenomenological psychology. We advance and extend this tradition of research by focusing on the character of temporal experience under conditions of mania. Symptom scales and diagnostic criteria for mania are peppered with temporally inflected language: increased rate of speech, racing thoughts, flight-of-ideas, hyperactivity. But what is the underlying structure of temporal experience in manic episodes? We tackle this question using a strategically hybrid approach. We recover and reconstruct three hypotheses (...) regarding manic temporality that were advanced and modeled by two pioneers of clinical phenomenology: Eugène Minkowski and Ludwig Binswanger. We then test, critique, and refine these hypotheses using heterophenomenological methods in an interview-based study of persons with a history of bipolar and a current diagnosis of acute mania. Our conclusions support a central hypothesis due to Minkowski... (shrink)

In Movements of the Mind (MoM; Wu, 2023a), I give a theory of agency that uncovers its internal psychological structure, revealing how creatures with minds do things. While my focus is on things we do 'in our heads', mental actions, the theory concerns all forms of agency. The book also provides a theory of attention and its essential connection to action. It characterizes intention in action as a type of memory for work, drawing on empirical theories of working memory. Further, (...) it reveals the essential role of bias in action, providing an account of various psychological biases. The theory is then applied to three phenomena prominent in philosophical practice: implicit (better, automatic) bias, reasoning deductively, and introspection of conscious perceptual experience. (shrink)

The engineering knowledge research program is part of the larger effort to articulate a philosophy of engineering and an engineering worldview. Engineering knowledge requires a more comprehensive conceptual framework than scientific knowledge. Engineering is not ‘merely’ applied science. Kuhn and Popper established the limits of scientific knowledge. In parallel, the embrace of complementarity and uncertainty in the new physics undermined the scientific concept of observer-independent knowledge. The paradigm shift from the scientific framework to the broader participant engineering framework entails a (...) problem shift. The detached scientific spectator seeks the ‘facts’ of ‘objective’ reality – out there. The participant, embodied in reality, seeks ‘methods’, about how to work in the world. The engineering knowledge research program is recursively enabling. Advances in engineering knowledge are involved in the unfolding of the nature of reality. Newly understood, quantum uncertainty entails that the participant is a natural inquirer. ‘Practical reason’ is concerned with ‘how we should live’– the defining question of morality. The engineering knowledge research program is selective seeking ‘important truths’, ‘important knowledge’, ‘important methods’ that manifest value, and serve the engineering agenda of ‘the construction of the good.’ The importance of engineering knowledge research program is clear in the new STEM curriculum where educators have been challenged to rethink the relation between science and engineering. A 2015 higher education initiative to integrate engineering colleges into liberal arts and sciences colleges has stalled due to the confusion and conflict between the engineering and scientific representations of knowledge. (shrink)

This chapter discusses the importance of developing an explicitly metaphysical approach to the study of terrorism. Taking its cue from John Carroll’s Break-Out from the Crystal Palace and Terror: A Meditation on the Meaning of September 11, the chapter sheds light on the character of the “terrorist persona” as a means of understanding how individuals become capable of perpetrating crimes of horrific and indiscriminate violence. Identifying a persona that seeks self-realisation through violent overthrow of alienating moral and political institutions, the (...) chapter identifies a specific kind of terrorism that finds its origins in a misreading of Max Stirner and Friedrich Nietzsche. (shrink)

In his rich and provocative paper, Peter Carruthers announces two related theses: (a) a positive thesis that “central cognition is sensory based, depending on the activation and deployment of sensory images of various sorts” (Carruthers 2013) and (b) a negative thesis that the “central mind does not contain any workspace within which goals, decisions, intentions, or non-sensory judgments can be active” (Carruthers 2013). These are striking claims suggesting that a natural view about cognition, namely that explicit theoretical reasoning involves direct (...) operations over beliefs, is wrong. Our beliefs, on this natural view, interact with each other to yield new beliefs. If Carruthers is right, beliefs have only an indirect or mediated influence in cognition with sensory states playing the direct role. I think it an important feature of Carruthers’ discussion that he draws support from work on the neural circuits and mechanisms that subserve these processes. In what follows, I want to regis. (shrink)

B eginning with the problem of integrating diverse disciplinary perspectives on moral cognition, we argue that the various disciplines have an interest in developing a common conceptual framework for moral cognition research. We discuss issues arising in the other chapters in this volume that might serve as focal points for future investigation and as the basis for the eventual development of such a framework. These include the role of theory in binding together diverse phenomena and the role of philosophy in (...) the construction of moral theory. We discuss the problem of distinguishing descriptive and normative issues and the importance of systematic normative analysis for empirical research. We argue that theories of cognitive architecture should play an important role as a backdrop for investigation into specific aspects of moral cognition, and we consider some of the taxonomic issues that will arise for moral cognition research, including types of moral agents, forms of moral cognition, and the nature of morality itself. Finally, we discuss some key issues in moral development, including the importance of.. (shrink)

Wayne Martin and colleagues argue that decisions about patients’ best interests must sometimes take into account the interests of others Doctors often find themselves in circumstances where they must make decisions on behalf of an incapacitated patient. As a matter of both ethics and law, such decisions must be taken in the best interests of the patient, but uncertainty remains about what is meant by best interests, especially in relation to the interests of others. Should the interests of others (...) enter into a determination of the patient’s best interests? We believe that they should and argue against a recent trend to focus solely on the patient. It only takes a moment’s reflection to appreciate that the interests of one person are often wrapped up with the interests of others. A patient has an interest in recovering from her illness, but so do her family, employer, care providers, etc. Sometimes these various interests can be independently specified, but in other cases they are inextricably intertwined. Suppose that I am a single parent whose overriding interest is to ensure the wellbeing of my children. In that case the proper specification of my best interest is a function of theirs; I simply cannot determine the one without considering the other. This can create an ethical problem in medical decision making. In circumstances where medical staff must make a decision in the best interests of an incapacitated patient, to what extent can or should they take account of the interests of other people whose lives are affected by the outcome? These ethical issues have taken on a concrete legal shape in the UK with the implementation of the Mental Capacity Act 2005, which specifies that, “An act done, or decision made, under this Act for or on behalf of a person who lacks capacity …. (shrink)

Elections are not the solution to political crisis, they’re the problem. In lively dialogue form, The Democracy Manifesto explains why elections are anti-democratic and should be replaced with government in which decision-makers are randomly selected from the population at large.

This book is a record of my dialogues with Stephen Hawking, his graduate assistants and his nurses during a four city public lecture tour I organized for Hawking, including Portland, Eugene, Seattle, Vancouver, BC. We discussed 20th century science and philosophy of science. Since I was often the one being questioned, much of the contents reflect my PhD research at the University of London. My focus was on understanding the limits of science, as represented by quantum theory and relativity. My (...) mentors had been Paul Feyerabend and Imre Lakatos, and I was strongly influenced by Karl Popper and Thomas Kuhn. In one in depth presentation to Hawking I suggested that Newtonian space-time and Maxwellian space-time were complementary, were defined by complementary symmetry principles. I had opportunity to present the same arguments to Kip Thorne and Freeman Dyson. Hawking simply remarked that I 'may be right'. Thorne confirmed that practitioners of General Relativity use both depending on the problem at hand. Dyson was emphatic – "Yes. Definitely. Absolutely.". (shrink)

In this paper, the issues of computability and constructivity in the mathematics of physics are discussed. The sorts of questions to be addressed are those which might be expressed, roughly, as: Are the mathematical foundations of our current theories unavoidably non-constructive: or, Are the laws of physics computable?

The size of animal exhibits has important effects on their lives and welfare. However, most references to exhibit size only consider floor space and height dimensions, without considering the space afforded by usable features within the exhibit. In this paper, we develop two possible methods for measuring the usable space of zoo exhibits and apply these to a sample exhibit. Having a metric for usable space in place will provide a better reflection of the quality of different exhibits, and enhance (...) comparisons between exhibits. (shrink)

In his 2004 article “Hannah Arendt and Jean Baudrillard: Pedagogy in the Consumer Society,” Trevor Norris bemoans the degree to which contemporary education’s focus can increasingly be described as primarily nurturing “consumers in training.” He goes on to add that the consequences of such “mindless” consumerism is that it “erodes democratic life, reduces education to the reproduction of private accumulation, prevents social resistance from expressing itself as anything other than political apathy, and transforms all human relations into commercial transactions of (...) calculated exchange.” This, then, is the challenge of the age: to articulate the sort of education that might prompt our youngsters to imagine a genuine alternative to this consumer madness—a challenge that the authors of this paper attempt to tackle. (shrink)

The impossibility of an indeterministic evolution for standard relativistic quantum field theories, that is, theories in which all fields satisfy the condition that the generators of space-time translation have spectra in the forward light-cone, is demonstrated. The demonstration proceeds by arguing that a relativistically invariant theory must have a stable vacuum and then showing that stability of the vacuum, together with the requirements imposed by relativistic causality, entails deterministic evolution, if all degrees of freedom are standard degrees of freedom.

Although it has been given qualified approval by a number of philosophers of education, the so-called ‘therapeutic turn’ in education has been the subject of criticism by several commentators on post-compulsory and adult learning over the last few years. A key feature of this alleged development in recent educational policy is said to be the replacement of the traditional goals of knowledge and understanding with personal and social objectives concerned with enhancing and developing confidence and self-esteem in learners. After offering (...) some critical observations on these developments, I suggest that there are some educationally justifiable goals underpinning what has been described as a therapeutic turn. Whilst accepting that ‘self-esteem’ and cognate concepts cannot provide a general end or universal aim of education, the therapeutic function is more valuable and significant than is generally acknowledged. This claim is justified by an examination of the concept of ‘mindfulness’ that, it is argued, can be an immensely powerful and valuable notion, which is integrally connected with the centrally transformative and developmental nature of learning and educational activity at all levels. (shrink)

Lockheed Martin Corp. has funded research to generate a framework and methodology for developing semantic reasoning applications to support the discipline oflntelligence Analysis. This chapter outlines that framework, discusses how it may be used to advance the information sharing and integrated analytic needs of the Intelligence Community, and suggests a system I software architecture for such applications.

Kant’s conception of nature’s having a “purposiveness without a purpose” was quickly picked by the Romantics and made into a theory of art as revealing the otherwise hidden unity of nature and freedom. Other responses (such as Hegel’s) turned instead to Kant’s concept of judgment and used this to develop a theory that, instead of the Romantics’ conception of the non-discursive manifestation of the absolute, argued for the discursively articulable realization of conceptual truths. Although Hegel did not argue for the (...) “end of art” (although it is widely held that he did just that), he did, curiously enough, claim that it is art and not philosophy which tells us about the “life” of agents. To see how he reconciles that claim with his otherwise entirely discursively oriented philosophy, it is necessary to look at his thesis of the end of art’s “absolute” importance. Hegel’s worries have to do with the impossibility of fully exhibiting the “inner” in the “outer” in modern art and with the newly emerging problem of “fraudulence” in the poet’s voice. This is illustrated by examples drawn from the history of music and the problems besetting the lyric poet in modern life. Because of these problems, we are, Hegel says, now “amphibious animals” having to live in different and seemingly incompatible worlds. Hegel’s student, Heinrich Heine, found that the only satisfactory way of responding to this was for the modern artist to adopt a distinctive type of irony in response to the Hegel’s worries about modern art. This form of irony, it is argued, is itself Hegelian in spirit. (shrink)

Contemporary naturalism is changing and scientific reductionism is under challenge from those who advocate a more comprehensive outlook. This special issue of Telos, based on the first Telos Australia Symposium held at Swinburne University in Melbourne in February 2014, introduces some of the key questions in the current debates. It also poses the question of whether more satisfactory political and social thought can be produced if scientific reductionism is replaced by a richer and more hermeneutical naturalism, one that takes more (...) account of philosophical anthropology, actual co-involvements of human beings and their environments, and the potential of more naturalistically grounded approaches to culture. (shrink)

This paper has three purposes: first, to explicate the ex istential basis of Arendt's theory of action. This will be done by first tracing the intellectual derivation of Arendt's existentialism and the modifications she made to fit it in to her public realm. Second, I will demonstrate the con nection between Arendt's existentialism and her formula tion of political freedom. Third, I will illustrate throughout that Arendt's political ideas, if they are to be properly understood, must be subsumed under her (...) existentialism .\nPart I treats Arendt's effort to find a home for the in dividual Human Being by attacking the modern tendency to make freedom an inner domain of the mind and refuge from the outside world. We will see how she uses the ideas of Heidegger and Jaspers to counter the Being of Kant and the philosophy of Mill and Augustine. Part II demonstrates her effort to make freedom a world reality and counter to the forces of totalitarianism: the modern enchantment with totality and an inexorable history. She attacks the Will, consciousness, Being, and the historical process itself.\nFinding no suitable conceptualization of freedom which makes it political by giving it a public space, Arendt turns finally to Jaspers' communicative existentialism and Duns Scotus' emphasis on contingency. (shrink)

In ANARCY, STATE AND UTOPIA Robert Nozick says that the fundamental question of political philosophy, one that precedes questions about how the state should be organized, is whether there should be any state at all. In the first part of his book he attempts to justify the state. We argue that he is not successful.

Comments and replies from the 2021 Eastern APA book symposium on Jill North's Physics, Structure, and Reality.

How do concert pianists commit to memory the structure of a piece of music like Bach’s Italian Concerto, learning it well enough to remember it in the highly charged setting of a crowded performance venue, yet remaining open to the freshness of expression of the moment? Playing to this audience, in this state, now, requires openness to specificity, to interpretation, a working dynamicism that mere rote learning will not provide. Chaffin, Imreh and Crawford’s innovative and detailed research suggests that the (...) key to this skill is a declarative mental roadmap aiding musical performance. This hypothesis is neatly and unintentionally summarized by professional pianist Imreh, who states when learning a new piece of music “My fingers were playing the notes just fine. The practice I needed was in my head. I had to learn to keep track of where I was. It was a matter of learning exactly what I needed to be thinking of as I played, and at exactly what point. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)