My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule (...) of law is adopted, there is no tension between the principled approach to hearsay and the rule of law. (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and (...) to elaborate the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

Anscombe famously argues that to act intentionally is to act under a description, and that “it is the agent's knowledge of what he is doing that gives the descriptions under which what is going on is the execution of an intention.” Further, she takes ‘knows’ to mean that the agent can give these descriptions herself. It would seem to follow that animals cannot act intentionally. However, she denies this, insisting that although animals cannot express intentions, they can have them. But (...) how can we speak without equivocation of humans and animals acting intentionally while maintaining that linguistic expressibility is an essential characteristic of only human action? The human capacity for articulation, I argue, transforms animal intention in the following way: Whereas animal intentions are immanent in their behavior, human action is an actualization of the power to make judgments about what is to-be-done; this confers on human intentions a distinctive sort of independence from behavior. (shrink)

While epistemic democrats have claimed that majority rule recruits the wisdom of the crowd to identify correct answers to political problems, the conjecture remains abstract. This article illustrates how majority rule leverages the epistemic capacity of the electorate to practically enhance the instrumental value of elections. To do so, we identify a set of sufficient conditions that effect such a majority rule mechanism, even when the decision in question is multidimensional. We then look to the case (...) of sociotropic economic voting in US presidential elections to provide empirical tractability for these conditions. We find that absent such an epistemic capacity a number of presidential elections might well have been decided differently. By generating clear conditions for the plausibility of claims made by epistemic democrats, and demonstrating their correspondence to empirical data, this article strengthens the broader instrumental grounds recommending democracy. (shrink)

This paper means to demonstrate the theoretical-and- methodological potential of a particular pattern of thought about culture. Employing an end-means and absolute value plus concept of reality approach, the continuous model of culture aims to embrace from one holistic standpoint various concepts and debates of the modern human, social, and political sciences. The paper revisits the debates of fact versus value, nature versus culture, culture versus structure, agency versus structure, and economics versus politics and offers the concepts of the (...) class='Hi'>rule of law, state capitalism, a dialectical model of progress, and interpretative qualitative research, as well as of cultural diffusion, autonomy, alienation, and individuality. This model distinguishes between the ideal-symbolical and the instrumental functions of culture, sees culture as being sewn from universal binaries, and provides a certain understanding of the cognitive function of a value judgment, with positivism so far vague about the topic. It, too, suggests an extra method for investigating culture : the comparative literature study of culture enables social science to view literature as its potential in-depth interviewee— a case for arguing for a certain conception of interdisciplinarity as well. In addition, it predicts that cultural particularism or individuality remains an essential factor of human existence. Analyzing the issue of Eurocentrism in social science, the model finds modernity ’s concept of reality to be involved in ” methodological ” intellectualistic reductionism, characterizing it since the empiricism/ rationalism origination. Systematically confusing the universal oppositions in a Eurocentric manner, intellectualism becomes a contributing factor in unfolding post- modernity. (shrink)

Contextuality and entanglement are valuable resources for quantum computing and quantum information. Bell inequalities are used to certify entanglement; thus, it is important to understand why and how they are violated. Quantum mechanics and behavioural sciences teach us that random variables ‘measuring’ the same content (the answer to the same Yes or No question) may vary, if ‘measured’ jointly with other random variables. Alice’s and Bob’s raw data confirm Einsteinian non-signaling, but setting dependent experimental protocols are used to create samples (...) of coupled pairs of distant ±1 outcomes and to estimate correlations.Marginal expectations, estimated using these final samples, depend on distant settings. Therefore,a system of random variables ‘measured’ in Bell tests is inconsistently connected and it should be analyzed using a Contextuality- by-Default approach, what is done for the first time in this paper.The violation of Bell inequalities and inconsistent connectedness may be explained using a contextual locally causal probabilistic model in which setting dependent variables describing measuring instruments are correctly incorporated. We prove that this model does not restrict experimenters` freedom of choice which is a prerequisite of science. Contextuality seems to be the rule and not an exception; thus, it should be carefully tested. (shrink)

Like all reasoning, practical reasoning is a process that takes a person from some of her existing mental states to a new mental state. Theoretical reasoning concludes in a belief; practical reasoning in an intention. This paper concentrates on instrumental reasoning, a species of practical reasoning in general. It argues that instrumental reasoning is correct if the content of the reasoning is a valid derivation, just as theoretical reasoning is correct if its content is a valid derivation. It (...) also argues that neither theoretical nor practical reasoning gives a reason for its conclusion. If a piece of reasoning is correct, it concludes in a state - a belief or an intention - that is rationally required by the states it is derived from, but rationally requiring a conclusion is not the same as giving a reason for it. (shrink)

Conditionalists say that the value something has as an end—its final value—may be conditional on its extrinsic features. They support this claim by appealing to examples: Kagan points to Abraham Lincoln’s pen, Rabinowicz and Rønnow-Rasmussen to Lady Diana’s dress, and Korsgaard to a mink coat. They contend that these things may have final value in virtue of their historical or societal roles. These three examples have become familiar: many now merely mention them to establish the conditionalist position. But the widespread (...) faith in such cases is, I believe, unjustified. This is because, surprisingly, the pen, the dress, and the coat cannot have final value. I argue that the problem is internal: these cases are ruled out by every conditionalist account of final value. Further, the problem with these well-known cases applies to most other supposed examples of extrinsic, final goods. Thus nearly all cases given to support the conditionalist view cannot succeed. I suggest a kind of diagnosis: I claim that these examples are best seen as instances of sentimental value, rather than final value. I close by providing a brief account of sentimental value and explain how it relates to instrumental, intrinsic, and final goodness. (shrink)

The book contains the first part of an investigation aimed at finding out why it is morally wrong to cause species to go extinct. That it is morally wrong seems to be a very basic and widely held intuition. It seems reasonable that a moral theory worth taking seriously ought to be able to account for that intuition. The most common attempt to answer our question is to refer to the instrumental value of the species for human beings – (...) the anthropocentric instrumental approach as I have chosen to call it. This is the answer that is discussed in this book. We have found many ways in which different species have instrumental value for human beings – both individually and as a part of ecosystems and of biodiversity in general. We could not guarantee however that this includes all species. In some cases, it also turned out that the instrumental value of the species in fact favours exploitation maybe even as far to the extinction of the species. We also noticed that there is no guarantee that the instrumental value of the species can always outweigh the competing values that we would gain by different encroachments that contribute to the extinction of the species. We found however that there are some special circumstances that help push the scale in the direction of preservation. I am thinking of some particular types of value such as choice value and transformation value – values that in general seem to favour preservation of species. This principle shows us that it would be rational from an anthropocentric instrumental vantage point to rule in favour of preservation in many of the cases where we are uncertain about the value of the species, about the best way of utilising the value, or about the connection between the species and other species or biodiversity in general. I am finally thinking of the moral principle that we have duties to consider the future interests of generations to come. We found that with a few exceptions it is justified to adopt such a principle. This in combination with the principles of precaution ought in general to urge us not to cause the extinction of species unless we have very trustworthy evidence that they will not turn out to be more valuable alive to future generations in comparison to what we can get from driving them to extinction. In relation to the discussion about the value of other species for human beings, it is worth noticing that all the arguments we have found in favour of preservation would be even stronger – and therefore account even better for the intuition that it is at least prima facie wrong to cause extinction – if we also accepted that other entities than human beings can have moral standing. Finally, we noticed that our moral intuitions strongly indicate that even in the cases where the instrumental value of other species for human beings talks in favour of preservation, there is still something lacking. Something we have to account for in order to totally account for our moral intuition against extinction. The conclusion will have to be that anthropocentric instrumentalism is in favour of preservation in many cases – probably in more cases than is generally acknowledged – but that it is not enough to give a complete account of the intuition that it is prima facie morally wrong to contribute to the extinction of species. We therefore have to continue our search for such an account. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

The sociotechnical domain is the realm of scientists, the communities and institutions they form, and the tools and instruments they use to create, disseminate, and preserve knowledge. This paper reviews current scientonomic theory concerning this domain. A core scientonomic concept is that of an epistemic agent. Generally, an agent is an entity capable of intentional action—action that has content or meaning due to its purposeful direction towards a goal. An epistemic agent is one whose actions are the taking of epistemic (...) stances, such as acceptance or rejection, towards epistemic elements, like theories or questions. An epistemic agent must semantically understand the propositions in question, and their alternatives, and choose among them with reason, with the motive of acquiring knowledge. The most obvious example of an epistemic agent is an individual human being. Rejecting the network of practitioners view, current scientonomic theory argues that appropriately organized communities of scientists can also function as epistemic agents. Communal epistemic agents are of particular scientonomic importance. Whereas the methods of theory assessment of individual scientists can be idiosyncratic, scientonomic theory contends that the taking of epistemic stances by scientific communities is a lawful, rule-governed process. A second concept of central importance is that of an epistemic tool. A physical object or system is an epistemic tool for some epistemic agent if there is a procedure by which the tool can provide an acceptable source of knowledge under the method employed by that agent. The agent is then said to rely on the tool. (shrink)

The sociotechnical domain is the realm of scientists, the communities and institutions they form, and the tools and instruments they use to create, disseminate, and preserve knowledge. This paper reviews current scientonomic theory concerning this domain. A core scientonomic concept is that of an epistemic agent. Generally, an agent is an entity capable of intentional action—action that has content or meaning due to its purposeful direction towards a goal. An epistemic agent is one whose actions are the taking of epistemic (...) stances, such as acceptance or rejection, towards epistemic elements, like theories or questions. An epistemic agent must semantically understand the propositions in question, and their alternatives, and choose among them with reason, with the motive of acquiring knowledge. The most obvious example of an epistemic agent is an individual human being. Rejecting the network of practitioners view, current scientonomic theory argues that appropriately organized communities of scientists can also function as epistemic agents. Communal epistemic agents are of particular scientonomic importance. Whereas the methods of theory assessment of individual scientists can be idiosyncratic, scientonomic theory contends that the taking of epistemic stances by scientific communities is a lawful, rule governed process. A second concept of central importance is that of an epistemic tool. A physical object or system is an epistemic tool for some epistemic agent if there is a procedure by which the tool can provide an acceptable source of knowledge under the method employed by that agent. (shrink)

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

Philosophers of science are divided over the interpretations of scientific normativity. Larry Laudan defends a sort of goal-directed rules for scientific methodology. In contrast, Gerard Doppelt thinks methodological rules are a mixed batch of rules in that some are goal-oriented hypothetical rules and others are goal-independent categorical rules. David Resnik thinks that the debate between them is at a standstill now. He further thinks there are certain rules, such as the rule of consistency which is goal independent. However, he (...) proposes a holistic understanding of the scientific methodology. Taking a thread from Resnik, the present paper also advocates a holistic understanding of the scientific methodology. Given that many scientific practices deal with systems, the focus will be given to the systems by assuming each as a constellation of methodological norms. By taking each system as a set of mutually supportive methodological rules whose instrumental values underwrite the coherence relation among them, the paper aims to provide what could be a viable holistic epistemological account that can explain scientific normativity at work in a scientific system. The paper will lay down specific holistic criteria for understanding the scientific methodology. They will be used to show how a holistic account could satisfactorily account for the success of the Compact Muon Solenoid (CMS) experiment in discovering the Higgs boson and how the holistic account can account for the instrumental error behind the apparent faster-than-light neutrino anomaly of the Oscillation Project with Emulsion-t Racking Apparatus (OPERA) experiments respectively. (shrink)

The categoricity problem for a system of logic reveals an asymmetry between the model-theoretic and the proof-theoretic resources of that logic. In particular, it reveals prima facie that the proof-theoretic instruments are insufficient for matching the envisaged model-theory, when the latter is already available. Among the proposed solutions for solving this problem, some make use of new proof-theoretic instruments, some others introduce new model-theoretic constrains on the proof-systems, while others try to use instruments from both sides. On the proof-theoretical side, (...) two main approaches for solving the categoricity problem for propositional classical logic consist in the enforcement of the formal systems of this logic by introducing rules of inference of a new kind. A multiple-conclusions logic allows rules of inference with more than one conclusion, while a bilateralist system contains rules of inference formulated in terms of assertion and rejection. Both these approaches reveal interesting formal features of logical reasoning. This paper analyses some of the advantages and limitations of these two approaches as solutions for a full formalization of logic, i.e., for a categorical formalization. (shrink)

One of the most influential recent developments in supposedly radical philosophy is ‘posthumanism’. This can be seen as the successor to ‘deconstructive postmodernism’. In each case, the claim of its proponents has been that cultures are oppressive by virtue of their elitism, and this elitism, fostered by the humanities, is being challenged. In each case, however, these philosophical ideas have served ruling elites by crippling opposition to their efforts to impose markets, concentrate wealth and power and treat everyone and everything (...) as mere instruments in a way that is not only undermining democracy and threatening economic, social and political stability through growing inequality, but is crippling efforts to deal with the global ecological crisis. Philosophers, Nietzsche claimed, are physicians of culture. Why should people claiming to be philosophers, or at least aligned with philosophers, subvert their own calling? In this paper I will suggest that with the expansion of education and the rise of neoliberalism, those involved in education and research, particularly in the humanities and social sciences, have been proletarianized, and most have accepted this proletarianization. They have been reduced to a fraction of the proletariat - wage-slaves without economic security and therefore dependent on the will of others on whom they are dependent. They are not ordinary wage-slaves, however, but wage-house-slaves, having salaries rather than wages. If, as Marx argued, social being determines consciousness, posthumanism can be understood as the expression of ressentiment of these house-slaves at their condition while simultaneously serving to affirm their superiority to field-slaves while serving their masters. Their work is supported because it provides ideological cover for their masters, the new transnational managerial class or corporatocracy as they expand their power through information technology, while absolving this corporatocracy from responsibility for the consequences of their growing power. In making this claim I will argue that the real target of deconstructionists and posthumanists, although this is now seldom appreciated, has been the humanism of the New Left, a revival of the Radical Enlightenment inspired by Renaissance civic humanism and the German Renaissance. (shrink)

The article aims to substantiate the philosophy of synthesis, which is built on the basis of analysis, but gives it a constructive direction. The turning point from analysis to synthesis is the problematization of the elements identified in the analysis, their criticism, replacement, or rearrangement, leading to the construction of alternative concepts and propositions that expand the field of the thinkable and innovate the categorical apparatus of philosophy. This article provides examples of philosophical synthesis at different levels: alternative terms and (...) concepts (“infinition”), postulates (the “diamond rule” in ethics), and disciplines (“horrology” as the study of the self-destructive mechanisms of civilization). Next, we consider the transition from the philosophy of synthesis to the synthesis of philosophy itself with contemporary scientific and technical practices. Technology of the 21st century is no longer instrumental/utilitarian, but a fundamental technology ("onto–technology"), which, thanks to science’s penetration into the micro- and macrocosm, can change the foundational parameters of being, thereby acquiring a philosophical dimension. Accordingly, philosophy as a study of the most general principles of the universe becomes a practical requirement in any “world-forming,” synthesizing acts of technology, including the design of computer games and multi-populated virtual worlds (e.g., “Second Life”), that involve a new ontology, logic, ethics, and axiology. The vocation of philosophy in the 21st century is not just to comprehend our unique world, but to lay the foundations for new world-forming practices, to initiate and design the ontology of possible worlds, and to pave the way for alternative forms of synthetic life and artificial intelligence. Contrary to Hegel, philosophy is no longer the “owl of Minerva” taking flight at dusk, but a skylark proclaiming the dawn of a new creative day. -/- . (shrink)

This paper aims to solve a puzzle for instrumental conceptions of epistemic normativity. The puzzle is this: if the usefulness of epistemic norms explains their normative grip on us, why does it seem improper to violate these norms even when doing so would benefit us? To solve this puzzle, we argue that epistemic instrumentalists must adopt a more social approach to normativity. In particular, they should not account for the nature of epistemic normativity by appealing to the goals of (...) individual agents. Rather, they should appeal to norms or rules of inquiry that serve our collective goals. We argue that epistemic normativity grows out of our need to promote a deep kind of coordination in our basic epistemic practices. By subscribing to an appropriate system of norms, we can coordinate epistemic rule-following across the community. This makes testimony more trustworthy and reliable. This account not only solves a puzzle about epistemic instrumentalism but also sheds new light on the foundations of normativity and emphasizes the need for a truly social epistemology. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal (...) law in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

The utilitarian calculators of genetic therapy would do well to reflect again on Mills' liberal democratic rules of thumb: utility will generally be maximized when people are free to make choices, with good information, good instruments of collective action (democracy), and relative equality. My rule of thumb is that if we give future generations genetic choices, they will generally choose health, happiness, intelligence, and longevity, for themselves and their descendants.

This article contributes to the debate concerning the identification of politically relevant cases of corruption in a democracy by sketching the basic traits of an original liberal theory of institutional corruption. We define this form of corruption as a deviation with respect to the role entrusted to people occupying certain institutional positions, which are crucial for the implementation of public rules, for private gain. In order to illustrate the damages that corrupt behaviour makes to liberal democratic institutions, we discuss the (...) case of health care professionals’ abuse of their right to conscientious objection to abortion services. We show that the conscience clause can be instrumentally abused to sabotage democratically established public rules and thus exert undue private influence on their implementation. In this sense, from a liberal democratic perspective, institutional corruption is problematic because it is disruptive of such fundamental liberal ideals as the impartiality of public institutions and citizens’ political equality. (shrink)

I explore the possibility that the feminine, like art, can be thought in terms of Jean-Luc Nancy’s concept of the singular plural. In Les Muses, Nancy claims that art provides for the rethinking of a technë not ruled by instrumentality. Specifically, in rethinking aesthetics in terms of the debates laid out by Kant, Hegel and Heidegger, he resituates the ontological in terms of the specificity of the techniques of each particular artwork; each artwork establishes relations particular to its world or (...) worlds. What is at stake in the singular plural is the multiplicity of relations that are lost in the unifying gestures that arise out of radical oppositions. I rethink the singular plural through a phenomenological encounter with Barb Hunt’s artwork, Antipersonnel, a collection of hand-knitted replicas of antipersonnel landmines. (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)

The aim of this investigation is to answer the question of why it is prima facie morally wrong to cause or contribute to the extinction of species. The first potential answer investigated in the book is that other species are instrumentally valuable for human beings. The results of this part of the investigation are that many species are instrumentally valuable for human beings but that not all species are equally valuable in all cases. The instrumental values of different species (...) also have to compete with other human values. Sometimes these other values probably outweigh the value of the continued existence of the species. In general the degree of uncertainty is very high and the precautionaty principle is recommended to deal with these uncertainties. We also found that we have a duty to consider the interests of future generations of human beings and that these duties, in general, speak in favour of preservation. Anthropocentric instrumentalism therefore provides us with rather strong reasons to consider many cases of human caused extinction as prima facie morally wrong. Even so, anthropocentric instrumentalism does not fully account for the moral intuition we set out to investigate. The next potential answer that is investigated in the book is that species have a moral standing in their own right. The result of this part of the investigation is that this idea is highly unlikely, in particular because species cannot have any interests to consider. Anotgher potential answer is that species have intrinsic value in some other meaning that does not imply moral standing. We concluded that it is possible to be subjectively valued as an end and that many species have properties that make them highly suitable for being valued as ends by human beings. Finally, we found that our contributions to the extinction of species in most cases frustrate the interests of many non-human sentient beings. This is true if the species in question is made up of sentient individuals, and it is also true when the species in question is made up of non-sentient individuals that have instrumental value for sentient individuals of other species. There are exceptions to this rule, but all in all it seems that the inclusion of non-human sentient individuals together with us humans as moral objects, in most cases, tip the scale drastically in favour of preservation. The main result of the investigation is that there is not one but several explanations to why it is prima facie morally wrong to contribute to the extinction of species – and all of them are about duties to respect the interests of individual sentient animals, including human beings. (shrink)

The current study is conducted with the aim to explore the practices and perceptions of Afghan EFL lecturers toward assessment. A second aim of the study is to explore the challenges the lecturers encounter in the implementation of formative assessments in their classes. To serve these basic objectives, a qualitative case study method design was employed with three English language lectures as the participants. Semi-structured interviews were used as the main instrument to collect data. The findings of the study indicated (...) that all three lecturers maintained positive perceptions toward formative assessment and favored it over summative assessment. However, the study also discovered that the lecturers practice summative assessments more than formative assessments in their classrooms. This, as indicated by the lecturers, was due to the fact that their choices of employing certain assessment practices were dictated in terms of certain challenges such as university rules and policies, large classes, and time constraints. Lastly, some suggestions are made that may prove useful to effectively apply formative assessment in Afghan EFL context. (shrink)

Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that the in bello (...) rules will be violated. A controversial implication of this is that it’s possible for soldiers to undergo acts that are instrumental in bringing about victory in an unjust war and yet do nothing morally wrong. Some authors – call them purists – claim that this cannot be correct. Participating in an unjust war is by itself morally wrong. Yitzhak Benbaji has given what is to my mind the strongest defense of the independence thesis. In this paper I critically examine Benbaji’s argument and conclude that it is not persuasive. My argument against Benbaji incorporates the concept of honor in the military. I seek to show, in part, that if the recent literature is correct concerning both the nature of honor and the importance of instilling it in soldiers, then Benbaji hasn’t given the purist a compelling reason to give up her view. (shrink)

In recent years, a number of commentators have expressed dissatisfaction with Spinoza’s account of practical reason. In this paper, I defend his account against the most prominent objections, showing that the dictates of reason play an important role in guiding thought and action. However, against the standard interpretation, I propose that we view these rules not as exceptionless, instrumental prescriptions—hypothetical imperatives with necessary antecedents, as Curley memorable put it—but rather as adaptable guideposts that aid us in the complex, dynamic (...) process of acquiring a habit of virtue. The dictates of reason are best understood as defeasible policies that help to orient one in the ars vivendi. (shrink)

Religious discourse is one of the instruments that are often used by the dominant class (the majority, who are in power) to carry out a symbolic violence mechanism against the dominated class (the minority, who are ruled). For example, through religious discourses that seem plural and open, the power and domination of the dominant class are continuously perpetuated. This study aims to analyze the symbolic violence that occurs in religious discourse in Indonesia, especially in the study of religion, by reviewing (...) the discourse of “agama vs. kepercayaan” and “moderasi beragama”. The symbolic violence referred to here is, according to Pierre Bourdieu's theory, violence that does not appear asviolence and is latent. Victims of this type of violence do not feel that they are victims ofviolence as if what happened was natural and it should have been. This study also argues that symbolic violence in religious discourse in Indonesia is widely produced in educational institutions, especially through the hands of academics, because through educational institutions, discourses of “agama vs. kepercayaan” and “moderasi beragama” are formulated and then implemented in government policies, as if the discourse has accommodated all religions and beliefs, but only perpetuates the way of thinking and tastes of the dominant class. In short, this study argues that religious discourses such as “agama vs. kepercayaan” and “moderasi beragama” are produced by the dominant class through educational institutions and so on and produce symbolic violence. (shrink)

This mixed-method research was conducted to determine the levels of challenges, innovations and interventions in the operationalization of summative assessment in Music, Arts, Physical Education, and Health (MAPEH) of public MAPEH secondary school teachers in the Division of Iloilo for the school year 2021-2022. This study also determined whether significant relationship existed among challenges, innovations and interventions. The participants of this study were the 290 randomly selected public secondary school MAPEH teachers determined using the Slovin’s formula. The data- gathering instruments (...) were the researcher-made Challenges, Innovations and Interventions Questionnaires. Focus-Group Discussion was conducted to gather qualitative data for triangulation with the quantitative data gathered. Mean, frequency, percentage, rank and Standard Deviation were used for descriptive data analysis, while ANOVA and Pearson r were used for inferential data analysis at 0.05 level of significance. The findings of the study revealed that the level of top 10 challenges in the operationalization of summative assessment in MAPEH is “high”. Also, the level of the top 10 innovations in the operationalization of summative assessment in MAPEH is “high”. Generally, the level of top 10 interventions in the operationalization of summative assessment in MAPEH is “high” except for the top 4 interventions, “helped students with setting priorities in terms of answering summative assessment, written works and performance tasks”, “provided rubrics and performance standards to assist the learner in doing the summative assessment both written works and performance tasks”, “established clear, consistent rule which are direct and simple in the written works and performance tasks to allow learners perform the task with ease”, and “encouraged self- expression in different assessment task’s” which level is “very high”. It was also revealed that the interventions among the levels of challenges encountered by the MAPEH teachers in the operationalization of summative assessment varies significantly and there were varied interventions employed to address the challenges. Also, the interventions among the levels of innovations developed by the MAPEH teachers in the operationalization of summative assessment significantly differed. Interventions vary since there are many available innovations. It was also revealed in the study that significantly positive relationships existed among the level of challenges, innovations as independent variables and interventions as dependent variable in the operationalization of the summative assessments. (shrink)

"Transparency" is the constant refrain of democratic politics, a promised aid to accountability and integrity in public life. Secrecy is stigmatized as a work of corruption, tolerable by a compromise of democratic principles. My dissertation challenges both ideas. It argues that secrecy and transparency are best understood as complementary, not contradictory, practices. And it develops a normative account of liberal democratic politics in which duties of transparency coexist with permissions to act behind closed doors. The project begins with some history. (...) I show that the language of transparency gained currency only in the last quarter century, and explain how its proximate sources promote three dubious assumptions—that disclosure should in principle be maximized, that it prevents misrule more or less automatically, and that its value is either instrumental, or rooted in a reductive notion of democracy as the rule of popular opinion. Against these assumptions, I sketch an alternative account of liberal democracy centered on the logics of representation, liberty, and equality. These three "logics of self-government" give rise to duties of transparency binding on public and private actors alike. Such obligations have bite, I argue, but they are not all-encompassing. Indeed, the same ideals of representation, liberty, and equality license concealment in a range of important contexts, including deliberation and dissent. Having made this case, I go on to explain how secrecy and transparency can form a "democratic dyad," deepening rather than undermining the project of self-rule. Lastly, I address the limits of conventional transparency practices. Taken alone, disclosure is subject to a range of pitfalls, often failing to produce the results promised in transparency’s name. While my non-instrumental case for openness is not destabilized by this analysis, it does suggest that mandating disclosure is rarely enough. I therefore propose a series of adversarial practices to facilitate the checking of unjustifiable secrecy, and highlight the critical role of interpretation in efforts to make power intelligible. In the end, my dissertation offers a novel defense of secrecy and transparency that highlights rather than minimizes the hard work of political engagement. (shrink)

One side of this paper is devoted to showing that the Golden Rule, understood as standing for universal love, is centrally characteristic of Confucianism properly understood, rather than graded, familial love. In this respect Confucianism and Christianity are similar. The other side of this paper is devoted to arguing contra 18 centuries of commentators that the negative sentential formulation of the Golden Rule as found in Confucius cannot be converted to an affirmative sentential formulation (as is found in (...) Christianity) without a change in its meaning. In this respect Confucianism and Christianity are different. (shrink)

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

Philosophers of science are divided over the interpretations of scientific normativity. Larry Laudan defends a sort of goal-directed rules for scientific methodology. In contrast, Gerard Doppelt thinks methodological rules are a mixed batch of rules in that some are goal-oriented hypothetical rules and others are goal-independent categorical rules. David Resnik thinks that the debate between them is at a standstill now. He further thinks there are certain rules, such as the rule of consistency which is goal independent. However, he (...) proposes a holistic understanding of the scientific methodology. Taking a thread from Resnik, the present paper also advocates a holistic understanding of the scientific methodology. Given that many scientific practices deal with systems, the focus will be given to the systems by assuming each as a constellation of methodological norms. By taking each system as a set of mutually supportive methodological rules whose instrumental values underwrite the coherence relation among them, the paper aims to provide what could be a viable holistic epistemological account that can explain scientific normativity at work in a scientific system. The paper will lay down specific holistic criteria for understanding the scientific methodology. They will be used to show how a holistic account could satisfactorily account for the success of the Compact Muon Solenoid (CMS) experiment in discovering the Higgs boson and how the holistic account can account for the instrumental error behind the apparent faster-than-light neutrino anomaly of the Oscillation Project with Emulsion-t Racking Apparatus (OPERA) experiments respectively. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, (...) I examine the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

The Golden Rule, most commonly expressed in the form "do to others what you would have them do to you", has attracted criticism for failing to provide practical guidance in case of moral disagreement and for being susceptible to irrational outcomes. I argue that the alleged limitations are not a defect but just what makes the Golden Rule an effective tool of socio-ontological transformation towards ideal agency.

Aiming at the allocation of scarce medical resources, Immanuel and other scholars have put forward a set of influential ethical values and guiding principles. It assigns the priority of resource allocation to those whose lives can be saved and maximized, those who can bring the greatest instrumental value, and those who are the worse off. For other members of society, random selection under the same conditions is adopted. Following the Rawlsian "lexical order, lexicographical" rule, this priority arrangement requires (...) that the "utilitarian principle" should be placed before the "equality principle", and the "instrumental difference principle", the "integrity difference principle" and the "fair opportunity principle" in turn acts on specific distribution agents. Although the framework and its priority rules have obvious drawbacks when faced with Medical Resources Squeeze and other dilemmas, with the help of an understanding of its internal structure, it can effectively respond to the four core issues in the allocation of scarce medical resources. (shrink)

Creativity has been associated with cognitive and behavioural disinhibitory processes (Martindale, 1999; Carson, 2014). Nevertheless, inhibitory mental processes are not only fundamental to rational behaviours but also socially adaptive practices. Hence, the promotion of creativity must overcome the limits imposed by socialization. An undue imbalance of both domains will tense both processes. This notion cannot be reviewed without considering ab initio our construction of the concept of ‘freedom’ or, more accurately, of our ‘degrees of freedom’ (Colombo, 2013) and our self-awareness (...) of the construction of inhibitory codes and rules in our socialization process. It is a process that this author finds too close to domestication and fencing creativeness. This book has been inspired by the multiple sources of evidence imposing on vast segments of our world community a cognitive deprivation on the construction of identity, the access to critical knowledge, and the construction and expression of the creative potential (Colombo, 2007, 2015). Also, it is dangerous to build up a segmented or balkanized humanity as opposed to a globalized one, based on limited or no access to fundamental human values and needs, as well as to critical knowledge and information. Cultural banalization, poverty/indigence/marginalization of vast populations, social prejudices and privileges, and a prevalence of financial, ideological, and religious fundamentalisms are at the base of such unethical and counter-evolutive, regressive engines (Colombo 2010, 2013, 2015). These represent the instruments for domestication and suffocation of the species’ creative potential, which pave the road towards the emergence of fundamentalisms and the surrender of identity. (shrink)

A number of philosophers from Hobbes to Mill to Parfit have held some combination of the following views about the Golden Rule: (a) It is the cornerstone of morality across many if not all cultures. (b) It affirms the value of moral impartiality, and potentially the core idea of utilitarianism. (c) It is immune from evolutionary debunking, that is, there is no good naturalistic explanation for widespread acceptance of the Golden Rule, ergo the best explanation for its appearance (...) in different traditions is that people have perceived the same non-natural moral truth. De Lazari-Radek and Singer employ all three of these claims in an argument meant to vindicate Sidgwick's ‘principle of universal benevolence’. I argue that the Golden Rule is the cornerstone of morality only in Christianity, it does not advocate moral impartiality, and there is a naturalistic explanation for why versions of the Golden Rule appear in different traditions. (shrink)

The subject of this essay-based dissertation is Hume’s natural philosophy. The dissertation consists of four separate essays and an introduction. These essays do not only treat Hume’s views on the topic of natural philosophy, but his views are placed into a broader context of history of philosophy and science, physics in particular. The introductory section outlines the historical context, shows how the individual essays are connected, expounds what kind of research methodology has been used, and encapsulates the research contributions of (...) the essays. The first essay treats Newton’s experimentalist methodology in gravity research and its relation to Hume’s causal philosophy. It is argued that Hume does not see the relation of cause and effect as being founded on a priori reasoning, similar to the way in which Newton criticized non-empirical hypotheses about the causal properties of gravity. Contrary to Hume’s rules of causation, the universal law does not include a reference either to contiguity or succession, but Hume accepts it in interpreting the force and the law of gravity instrumentally. The second article considers Newtonian and non-Newtonian elements in Hume more broadly. He is sympathetic to many prominently Newtonian themes in natural philosophy, such as experimentalism, critique of hypotheses, inductive proof, and the critique of Leibnizian principles of sufficient reason and intelligibility. However, Hume is not a Newtonian philosopher in many respects: his conceptions regarding space and time, the vacuum, the specifics of causation, the status of mechanism, and the reality of forces differ markedly from Newton’s related conceptions. The third article focuses on Hume’s Fork and the proper epistemic status of propositions of mixed mathematics. It is shown that the epistemic status of propositions of mixed mathematics, such as those concerning laws of nature, is that of matters of fact. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle. The fourth article analyzes Einstein’s acknowledgement of Hume regarding special relativity. The views of the scientist and the philosopher are juxtaposed, and it is argued that there are two common points to be found in their writings, namely an empiricist theory of ideas and concepts and a relationist ontology regarding space and time. (shrink)

—Cultural studies remains one of the fields of research in the humanities that contributes to the development of the society by aiding the formulation of cultural policies towards the re-engineering of a nation’s social behavior. A functioning state benefits a lot from cultural products of cultural studies. Thus for any state, like Nigeria, to reap from cultural studies and policies, its basic democratic institutions should be strong and effective. The theoretical framework for this research is symbolic interactionism proposed by Stryker (...) and Denzin. This is because it enables the understanding of how cultural products are translated into policies that shape the society. In this paper, we demonstrated that Cultural Studies is instrumental to the development cultural policies that take seriously national identity and social integration of the Nigeria society. (shrink)

SUMMARY The research focuses on the three main political parties in Albania, namely Socialist Party, Democratic Party and Socialist Movement for Integration. Its objectives are to measure the Intra-Party Democracy(IPD) in the Albanian political parties and to explore the meaning that party members attach to it. The IPD is understood and broken down into categories and sub-categories so that parties in particular and all interested actors in the field of political parties and democracy could understand, which component of IPD parties (...) are performing better and where they are performing worse. IPD is measured against two dimensions: inclusiveness and decentralization. Inclusiveness denotes the extent to which party members have the right to express their opinions and participate in the decision-making process. With decentralization is understood the process which makes possible the decentralization of the decision-making process from the highest national party level to party sub-national levels and party members. In a decentralized party, subnational party units enjoy a certain level of autonomy from the party in the center. The analysis is based on both primary and secondary data. Content analysis of party statutes particularly focuses on measuring IPD, while focus groups with party members and interviews with high-ranking officials of the political parties are used to explore the meaning that party members have on IPD, as well as validate content analysis findings. The main findings are: -/- Content Analysis of Party Statutes: Parties do have rules that govern their internal life, however these rules need to be improved in order to strengthen IPD. Especially problematic were the provisions for the role of the executive committee and party president, which provide these two institutions, especially the leader of the party with powers that don’t hold him/her accountable to the party members and middle level organs. Furthermore, members were not sufficiently involved in the procedures of candidate nominations for MPs, in the election of the national Executive and Executive Committee and in the election of the Party President. The analysis also finds that voting procedures are not sufficiently at place to allow members express their will and participate in the decision-making process and that members are not or little consulted in terms of programmatic issues. The analysis of the relationship between the national and subnational levels of party organization revealed that the center of the party has accumulated power to the detriment of the subnational units which enjoy little autonomy in the decision-making process. -/- Focus Groups and Interviews: The study finds that party members linked system-level democracy with IPD and that they have a very clear understanding if IPD: what it is and how it could be achieved. They linked IPD with the structure and organization of the party, seeing it as an important instrument that allows for decentralization of power and integration of rank and file into the decision-making process. The party members considered the statute as an important educational political tool and invoked it whenever disputes rose or decisions had to be taken. They linked IPD with the electoral system and considered that closed list proportional was a system that strengthened the power in the hands of the few at the party top executive level and weakened IPD. (shrink)

People often engage in “offline simulation”, considering what would happen if they performed certain actions in the future, or had performed different actions in the past. Prior research shows that these simulations are biased towards actions a person considers to be good—i.e., likely to pay off. We ask whether, and why, this bias might be adaptive. Through computational experiments we compare five agents who differ only in the way they engage in offline simulation, across a variety of different environment types. (...) Broadly speaking, our experiments reveal that simulating actions one already regards as good does in fact confer an advantage in downstream decision making, although this general pattern interacts with features of the environment in important ways. We contrast this bias with alternatives such as simulating actions whose outcomes are instead uncertain. (shrink)

Many philosophers, following Williamson (The Philosophical Review 105(4): 489–523, 1996), Williamson (Knowledge and its Limits, Oxford, Oxford Univer- sity Press, 2000), subscribe to the constitutive rule account of assertion (CRAA). They hold that the activity of asserting is constituted by a single constitutive rule of assertion. However, in recent work, Maitra (in: Brown & Cappelen (ed). Assertion: new philosophical essays, Oxford, Oxford University Press, 2011), Johnson (Acta Analytica 33(1): 51–67, 2018), and Kelp and Simion (Synthese 197(1): 125–137, 2020a), (...) Kelp and Simion (in: Goldberg (ed) The Oxford Handbook of Assertion, Oxford, Oxford University Press, 2020b) aim to show that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, asserting is not an activity constituted by a single constitutive rule and that therefore CRAA is very likely false. To reach this conclusion, they all present a version of what can be dubbed the engagement condition objection. That is, they each propose a necessary condition on engaging in rule-constituted activities. Then they argue that, for all the most popular versions of the constitutive rule of assertion proposed in the literature, one can make assertions without satisfying this condition. In response, I present a counterexample that shows that the proposed engagement conditions lead to coun- terintuitive results, and I propose an alternative that better captures our intuitions. Then I argue that this alternative engagement condition is compatible with all the most popular versions of the constitutive rule of assertion. (shrink)

This chapter presents two contemporary pictures of practical reasoning. According to the Rule-Guidance Conception, roughly, practical reasoning is a rule-guided operation of acquiring (or retaining or giving up) intentions so as to meet synchronic requirements of rationality. According to the Reasons-Responsiveness Conception, practical reasoning is a process of responding to reasons we take ourselves to have, and its standards of correctness derive from what we objectively have reason to do, if things are as we suppose them to be. (...) I argue that a version of the latter has some significant advantages. This has some surprising consequences for how we should conceive of the structure of instrumental reasoning in particular. (shrink)

In this article, the Golden Rule, a central ethical value to both Judaism and Confucianism, is evaluated in its prescriptive and proscriptive sentential formulations. Contrary to the positively worded, prescriptive formulation – “Love others as oneself” – the prohibitive formulation, which forms the injunction, “Do not harm others, as one would not harm oneself,” is shown to be the more prevalent Judaic and Confucian presentation of the Golden Rule. After establishing this point, the remainder of the article is (...) dedicated to an inquiry into why this preference between the two Golden-Rule-formulations occurs. In doing so, this article discovers four main benefits to the proscriptive formulations: I) harm-doing, as opposed to generalizable moral goodness, is easier for individuals to subjectively comprehend II) the prevention of harm-doing is the most fundamental ethical priority III) the proscriptive formulation preserves self-directed discovery of what is good, thus preserving moral autonomy IV) individuals are psychologically pre-disposed toward responding to prohibitions rather than counsels of goodness. (shrink)

The proliferation of work by autistic writers continues apace, defying a long and multidisciplinary tradition of constructing autistic people as lacking the capacity for narration. To study neurodivergent literature, then, is to witness the refusal of these exclusionary narrative conventions, and to register the ideological presuppositions that underpin pathologization. In this article, I engage with recent insights from Neurodiversity Studies (especially the work of Justine Egner, Erin Manning, Julia Miele Rodas, Nick Walker, and Remi Yergeau) to explore the connections between (...) narrative neuronormativity and other discourses of oppression, especially those that have generated racialized, gendered, and colonial narratives of desubjectification. Focusing on the neuroqueer movement – an emergent practice of disidentification that refuses the interpellations of neuronormativity, ableism, heteronormativity, and cisnormativity – I discuss the concept of allism, arguing that this satirical critique of pathologization harbors a deconstructive force that denaturalizes the dialectic of recognition. Neuroqueer work on allism reveals this dialectic to be the hegemonic form of relationality that marks neurodivergence as asocial and intersubjectively non-reciprocal in order to secure a non- autistic identity. The dialectic of recognition thus instrumentalizes neurodivergence to confer normalcy and neutrality upon subjects that meet its criteria. Pursuing the discursive context and theoretical implications of this critique, I provide a short genealogy of narrative neuronormativity, connecting the operation of the dialectic in the early novel to the clinical texts of child psychology. To demonstrate the neuroqueer subversion of this tradition, I then read An Unkindness of Ghosts, by Rivers Solomon, a text that stages a disidentification with storytelling. Aster, the novel’s protagonist, is neurodivergent as well as Black, enslaved, and gender non-conforming. As she struggles against an authoritarian regime, Aster also declines to comply with the rules that would allow her to narrate her own story. Aster’s neuroqueer refusal reveals a similarity between the construction of Blackness as an ontological foil for whiteness, and the construction of autism as a standard of disordered sociality that neuronorms can be measured against. In both cases, the colonizing term articulates its supremacy via a comparison with that which it denigrates, while disavowing this dependence at all costs, dependency being inimical to free subjectivity in the liberal humanism that has shaped these procedures. My reading of Unkindness suggests that the extant techniques of literary narratorship are political instruments that, unless repurposed, will continue to disseminate these dispossessive dialectics. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In (...) this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

We provide a derivation of the Born Rule in the context of the Everett (Many-Worlds) approach to quantum mechanics. Our argument is based on the idea of self-locating uncertainty: in the period between the wave function branching via decoherence and an observer registering the outcome of the measurement, that observer can know the state of the universe precisely without knowing which branch they are on. We show that there is a uniquely rational way to apportion credence in such cases, (...) which leads directly to the Born Rule. Our analysis generalizes straightforwardly to cases of combined classical and quantum self-locating uncertainty, as in the cosmological multiverse. (shrink)

The study examines the argumentative competencies of people with Asperger syndrome (AS) and compares this with those of normal – or what are called neurotypical (NT) – subjects. To investigate how people with AS recognise, evaluate and engage in argumentation, we have adapted and applied the empirical instrument developed by van Eemeren, Garssen and Meuffels to study the conventional validity of the pragma-dialectical freedom rule (van Eemeren, Gars- sen & Meuffels 2003a; 2003b; 2005a; 2005b; van Eemeren & Meuffels, 2002). (...) Our paper begins with some background information on Asperger syndrome and how it impacts upon communication and argumentation; then it addresses the research questions and methods used; thirdly, it presents some initial findings; finally, it will conclude with some im- plications for those people with AS, for those they come into contact with and for the pragma-dialectic model in general. (shrink)

In Everettian quantum mechanics, justifications for the Born rule appeal to self-locating uncertainty or decision theory. Such justifications have focused exclusively on a pure-state Everettian multiverse, represented by a wave function. Recent works in quantum foundations suggest that it is viable to consider a mixed-state Everettian multiverse, represented by a (mixed-state) density matrix. Here, we develop the conceptual foundations for decoherence and branching in a mixed-state multiverse, and extend the standard Everettian justifications for the Born rule to this (...) setting. This extended framework provides a unification of 'classical' and 'quantum' probabilities, and additional theoretical benefits, for the Everettian picture. (shrink)