Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

I show that conceptual philosophical anarchism, the claim that law cannot give reasons for action, is entailed by several popular theories about law. Reductionists about practical authority believe that all supposedly legitimate practical authority reduces to forms of theoretical authority. They tend to embrace anarchism, but some readers might not be clear why. Trigger theorists about reason-giving believe that all reason-giving merely activates pre-existing conditional reasons. Natural lawyers hold that all legal reasons are sourced in the natural law, which entails (...) that positive law cannot provide reasons for action. If you are attracted to any of these theories and still think that positive law creates new practical reasons, you might have to give up one or the other position. If anarchism is entailed by believing the normativity in law’s directives pre-dates the directive, only a few may be able to avoid it, Hans Kelsen, Mark Greenberg, and Joseph Raz being the most likely. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.

A core tenet of metanormative non-naturalism is that genuine or robust normativity—i.e., the kind of normativity that is characteristic of moral requirements, and perhaps also of prudential, epistemic and even aesthetic requirements—is metaphysically special in a way that rules out naturalist analyses or reductions; on the non-naturalist view, the normative is sui generis and metaphysically discontinuous with the natural. Non-naturalists agree, however, that the normative is modally as well as explanatorily dependent on the natural. These two commitments—discontinuity and dependence—at least (...) initially pull in opposite directions, and one of the central challenges to non-naturalism is how to reconcile them. In this paper I spell out the most pressing version of this discontinuity problem, as I propose to call it, and I go on to offer a novel solution. Drawing on the ideology of reasons-firstism, I formulate an account of normative explanation which reconciles the two commitments, and I argue that competing accounts either do not solve the problem or are implausible on independent grounds. (shrink)

In this article I give a unified account of three phenomena: bullshit, pseudoscience and pseudophilosophy. My aims are partly conceptual, partly evaluative. Drawing on Harry Frankfurt's seminal analysis of bullshit, I give an account of the three phenomena and of how they are related, and I use this account to explain what is bad about all three. More specifically, I argue that what is defective about pseudoscience and pseudophilosophy is precisely that they are special cases of bullshit. Apart from raising (...) interesting philosophical issues, gaining a clearer understanding of these phenomena is also of practical importance, in that it bears on how best to tackle the threat that they pose. (shrink)

Inspired by “One Note Samba,” a standard jazz repertoire, we present an outline of Bose-Einstein Condensate Cosmology (BECC). Although this approach seems awkward and a bit off the wall at first glance, it is not impossible to connect altogether BEC, Scalar Field Cosmology and Feshbach Resonance with Ermakov-Pinney equation. We also discuss shortly possible link with our previous paper, where we describe Newtonian Universe with Vortex in terms of Ermakov equation.

La presente publicación de Víctor Samuel Rivera reúne diez ensayos, escritos entre los años 2014 y 2017, cuyo foco son las democracias capitalistas liberales, según las llama el autor. Estamos, por consiguiente, ante un trabajo decididamente actual que nos coloca frente a dos evidencias. La primera es que el objeto de estudio ofrece retos singulares, pues se trata de reflexionar acerca del mismo flujo histórico que enmarca nuestras condiciones de saber y fija nuestros horizontes de sentido. La segunda sería que (...) Rivera, al acometer la indagación de un presente vivo, se ha lanzado a articular ideas de primera mano. Nos encontramos, así, ante una apuesta del pensar, justamente aquello que se le pide, en su grado máximo, a la filosofía. (shrink)

Arguments attempting to debunk moral beliefs, by showing they are unjustified, have tended to be global, targeting all moral beliefs or a large set of them. Popular debunking arguments point to various factors purportedly influencing moral beliefs, from evolutionary pressures, to automatic and emotionally-driven processes, to framing effects. We show that these sweeping arguments face a debunker’s dilemma: either the relevant factor is not a main basis for belief or it does not render the relevant beliefs unjustified. Empirical debunking arguments (...) in ethics can avoid this predicament, but only if they are refocused on highly selective classes of moral belief. Experimental data can combine with familiar consistency reasoning to reveal that like cases are not being treated alike. Selective debunking arguments are unlikely to yield sweeping sceptical conclusions, but they can lead to rational moral change. (shrink)

Etnofiction essay, between anthropology and philosophy.

The distinction between the body schema and the body image has become the stock in trade of much recent work in cognitive neuroscience and philosophy. Yet little is known about the interactions between these two types of body representations. We need to account not only for their dissociations in rare cases, but also for their convergence most of the time. Indeed in our everyday life the body we perceive does not conflict with the body we act with. Are the body (...) image and the body schema then somehow reshaping each other or are they relatively independent and do they only happen to be congruent? On the basis of the study of bodily hallucinations, we consider which model can best account for the body schema/body image interactions. (shrink)

This paper will defend the claim that, under certain circumstances, the material vehicles responsible for an agent’s conscious experience can be partly constituted by processes outside the agent’s body. In other words, the consciousness of the agent can extend. This claim will be supported by the Extended Mind Thesis (EMT) example of the artist and their sketchpad (Clark 2001, 2003). It will be argued that if this example is one of EMT, then this example also supports an argument for consciousness (...) extension. Clark (2009) rejects claims of consciousness extension. This paper will challenge Clark and argue that he fails to show that the material vehicles responsible for consciousness must be internal to the agent. (shrink)

El presente texto es un intento por presentar el pensamiento del filósofo político más significativo del primer tercio del siglo XX peruano. José de la Riva-Agüero y Osma, Marqués de Montealegre de Aulestia (1885- 1944) es famoso en la historia del pensamiento peruano por haber liderado la así llamada “Generación del 900”, pero más aún por sus discursos políticos y sus teorías sobre la historia y la literatura, orientadas al nacionalismo. Montealegre va a ser recuperado aquí desde el punto de (...) vista de sus contactos sociales españoles. Ésta es una clave para interpretar la dimensión de fondo, uno de los presupuestos hermenéuticos más básicos de su tesis principal en política: el nacionalismo tradicionalista. En lugar de la crítica de fuentes, se va a intentar dar un marco a las ideas del pensador sobre la base de sus relaciones biográficas, en particular las entabladas con la intelectualidad y la nobleza españolas, un trabajo que ha sido posible a través de su correspondencia. La clave biográfica de los contactos españoles mostrará claramente su influjo en el orden de las ideas. (shrink)

This small book consists of discussion of several hard questions on God and problem of evil. This compilation is partly stimulated by discussions with several close friends in a number of occasions. A number of these questions can be called ontological in nature, while the others may touch on philosophical-theology. While surely this small compilation may not address all your questions, hopefully you will find several hard questions are answered, to the best of authors’ knowledge, along with assistance of a (...) large language model / AI. (shrink)

La presente contribución intenta una ontología de la decisión política sobre la guerra y la paz a partir del pensar rememorante. Se toma como motivo narrativo el Ballet de la Paz de Descartes (1649); modelo nostálgico de una modernidad alternativa, adviene del olvido contra los presupuestos conceptuales individualistas y violentistas de la filosofía política moderna. Una hermenéutica política del Discurso del Método busca un Descartes teólogo político, contramoderno, partidario de una política destinal. Una silenciosa Reina, Belicosa y Pacífica, es su (...) vocera. (shrink)

Resumen crítico de la obra de Richard Larmore Patterns.

J. L. Mackie famously argued that a commitment to non-existent objective values permeates ordinary moral thought and discourse. According to a standard interpretation, Mackie construed this commitment as a universal and indeed essential feature of moral judgments. In this paper I argue that we should rather ascribe to Mackie a form of semantic pluralism, according to which not all moral judgments involve the commitment to objective values. This interpretation not only makes better sense of what Mackie actually says, but also (...) renders his error theory immune to a powerful objection. (shrink)

This article discusses the significance of historical research in normative political philosophy. Methodologically ahistoricist philosophers argue that historical research has limited relevance to political philosophy as it only serves to validate if a theory is sufficiently historically fact-sensitive. However, this perspective allows for minimal engagement with intellectual history. In contrast, I advocate for a more substantial role of historical research, suggesting that it not only provides evidence to refute political philosophical views but also serves as a source of imaginative resources. (...) I show that thinkers from across the humanities, like R.J. Collingwood, Quentin Skinner, Michel Foucault, Raymond Geuss, David Graeber, and Bernard Williams, have recognised the importance of these imaginative resources in shaping methodological reflections. These thinkers are concerned that limiting the relevance of history to normative theorising exposes ahistoricist thinkers to imaginative failures. I argue that this is best construed as a concern about the epistemic reliability of their evaluative judgments. Imaginative failures can introduce biases that unjustifiably restrict the range of solutions to practical collective problems they contemplate. Historical research serves a normative function that is unavailable to the methodologically ahistoricist approach by preventing such failures. (shrink)

Since the publication of Clark and Chalmers' Extended Mind paper, the central claims of that paper, viz. the thesis that cognitive processes and cognitive or mental states extend beyond the brain and body, have been vigorously debated within philosophy of mind and philosophy of cognitive science. Both defenders and detractors of these claims have since marshalled an impressive battery of arguments for and against “active externalism.” However, despite the amount of philosophical energy expended, this debate remains far from settled. We (...) argue that this debate can be understood as answering two metaphysical questions. Yet prominent voices within the debate have assumed that there is a tight relationship between these two questions such that one question can be answered via the other. We defend an alternative ‘wide’ view, whereby mentality is understood as constituted by wide social and cultural factors. Our wide view entails that the two metaphysical questions are separate and should be kept distinct. This suggests that active externalism as understood by prominent voices within that debate requires dissolution, rather than solution. However, if the debate were instead understood as only focusing on the second of the two questions, then there could be a possible future for this debate. (shrink)

correlação filosófico da escrita, linguagem e discurso, entre a prática, praxis, nos termos filosófico e antropológico, fazendo a ponte.

Can reasoning improve moral judgments and lead to moral progress? Pessimistic answers to this question are often based on caricatures of reasoning, weak scientific evidence, and flawed interpretations of solid evidence. In support of optimism, we discuss three forms of moral reasoning (principle reasoning, consistency reasoning, and social proof) that can spur progressive changes in attitudes and behavior on a variety of issues, such as charitable giving, gay rights, and meat consumption. We conclude that moral reasoning, particularly when embedded in (...) social networks with mutual trust and respect, is integral to moral progress. (shrink)

Sensorimotor Theory is the claim that it is our practical know-how of the relations between our environments and us that gives our environmental interactions their experiential qualities. Yet why should such interactions involve or be accompanied by experience? This is the ‘absolute’ gap question. Some proponents of SMT answer this question by arguing that our interactions with an environment involve experience when we cognitively access those interactions. In this paper, I aim to persuade proponents of SMT to accept the following (...) three claims. First, that appeals to cognitive access fail to answer the absolute gap question. Second, that SMT can be read in a way that rejects the gap question. Third, that if proponents of SMT are prepared to read SMT in a way that rejects the absolute gap question, then they can also reject the claim that cognitive access is needed to explain experience. (shrink)

A new approach to Nietzsche, so called Nietzeche sindrom.

In recent years, it becomes clear that ITER project in France, as one of the largest experimental fusion reactors underway, is far away from achieving net energy production. In this review article, we presented a short communication this week with Robert Neil Boyd, a senior physicist who happens to have his own working design of fusion reactor in the past. We hope that this transcript of our communication with him (as per 15-17th Nov. 2021) may be found useful for younger (...) scientists. (shrink)

This text tries to give some initial scopes for a constructivist approach to political philosophy and social organization based on the fact of friendship; particularly in the greeting taken as an event of friendship. The mere greeting, the most basic approach to empathy, would be the happening of a world, of a whole world characterized by its demand to be, to be realized and preserved. This requirement would come from an unfathomable archaic background, which would be accessible in the idea (...) of ​​the number of friends. It is an aporia that shows both the open, but not infinite, character of a reference group based on the tenderness of something common. (shrink)

I argue that people are sometimes justified in participating in unjust wars. I consider a range of reasons why war might be unjust, including the cause which it is fought for, whether it is proportionate, and whether it wrongly uses resources that could help others in dire need. These considerations sometimes make fighting in the war unjust, but sometimes not. In developing these claims, I focus especially on the 2003 Iraq war.

In our initial paper discussing plausible steps toward workable warp drive machines. The following article express our view on this debate. While there are still objections toward existing warp drive proposals, such as by G. Landis, Harold White etc., because they are all based on GTR, nonetheless we think it is possible by starting to see if it is possible to deviate from Newton's third law. And we discuss possible a propulsion method based on negative masses, and discuss how optical (...) diameter drive can be first step for realistic lab-scale version of negative mass propulsion. (shrink)

Non-naturalists about normativity hold that there are instantiable normative properties which are metaphysically discontinuous with natural properties. One of the central challenges to non-naturalism is how to reconcile this discontinuity with the supervenience of the normative on the natural. Drawing on J. L. Mackie’s seminal but highly compressed discussion in Ethics: Inventing Right and Wrong, this paper argues that the supervenience challenge as usually conceived is merely a symptom of a more fundamental challenge in the vicinity.

a romantic solution to the dilemma beteew obscenity and ascetism.

Violence is somehow equivalent to Be Right? How can I be fair and non-violent? It depends on the receptor, in terms of social comunication.

A troubled mind is a busy mind, whean happyness come frome mental emptyness.

To emphasize what we have outlined in a preceding paper, we consider the following: that human consciousness model should take into consideration “spirit” role, i.e. the mind-body-spirit as integral aspect, which view is neglected in the so-called Freudian mental model. In this paper, we consider two approaches to cancer treatment derived from such an integral triune view of human consciousness, including (a) healing frequency approach as advised by Royal Rife and David Hawkins, and also (b) relational therapy, based on recent (...) research on the healing role of love and compassion. (shrink)

The sunspot data seems to indicate that the Sun is likely to enter Maunder Minimum, then it will mean that low Sun activity may cause low temperature in Earth. If this happens then it will cause a phenomenon which is called by some climatology experts as “The Little Ice Age” for the next 20-30 years, starting from the next few years. Therefore, the Earth climate in the coming years tend to be cooler than before. This phenomenon then causes us to (...) ask: what can we do as human being in Earth to postpone or avoid the worsening situation in terms of Earth cooling temperature in the coming years? We think this is a more pressing problem for the real and present danger that we are facing in the Earth. What we are suggesting in this paper is that perhaps it is possible to model Sun-Earth interaction in terms of Shannon entropy. Since Shannon entropy can be expressed as bits of information, then it would mean that perhaps we can do something with Earth temperature by controlling the amount of information transfer and storage in the Earth. This proposal is somewhat in resemblance with message of a 2012 movie “A Thousand words” where we shall strive to love our neighbours and nature, instead of being absorbed in a culture of less-meaningful fast-talk (starred by Eddie Murphy). (shrink)