Hans Reichenbach was a formidable figure in early-twentieth-century philosophy of science. Educated in Germany, he was influential in establishing the so-called Berlin Circle, a companion group to the Vienna Circle founded by his colleague Rudolph Carnap. The movement they founded—usually known as "logical positivism," although it is more precisely known as "scientific philosophy" or "logical empiricism"—was a form of epistemology that privileged scientific over metaphysical truths. Reichenbach, like other young philosophers of the exact sciences of his generation, was deeply impressed (...) by the far-reaching changes in physics brought about by Einstein's special and general theories of relativity. Reichenbach responded to scientific advances by doing fundamental work in space-time theories, in quantum mechanics, in statistical mechanics, and in the development of probability theory—making him the most important philosopher of physics in the first generation of logical empiricism. Forced from his academic position by the Nazi race laws in 1933, Reichenbach wrote _Experience and Prediction_ at the University of Istanbul, where had had fled, expressly to introduce logical positivism to English speakers. In the two decades following World War II, during the explosion of scientific advances in North America, logical positivism was the reigning theory of the philosophy of science and Reichenbach was at the peak of his career. But, inevitably, support for logical positivism began to wane as it became obvious that the justification of scientific theories could not be entirely resolved by relying on strictly formal, technical processes. The growth of the discipline of the history of philosophy of science, which has created an audience of scholars eager for seminal classics in scientific philosophy, and the evidence supporting a historicist paradigm within logical positivism are two important reasons to make _Experience and Prediction_ available once again. "Hans Reichenbach's_ Experience and Prediction_ is one of the most important books in twentieth-century philosophy of science. Its author was, along with Rudolf Carnap, one of the two principal ambassadors to North America of the exciting new European philosophical movement known here under the names 'Logical Positivism' and 'Scientific Philosophy.' In 1938, when the book was published, Reichenbach was an exile from his native Germany, teaching in Istanbul, Turkey, and about to emigrate to the United States to take up a prestigious position at UCLA. He wrote_ Experience and Prediction_ in English as his calling card to his new American colleagues. More than any other single book,_ Experience and Prediction_ set the agenda for the new discipline of the philosophy of science that was to emerge after World War II as, perhaps, the most exciting new area in North American philosophy. Many of the problems still at the focus of discussion were given their classic formulations in this book. Long out of print,_ Experience and Prediction_ appears here in a new edition accompanied by a splendid historical introduction by the noted young philosopher and historian of the philosophy of science, Alan Richardson. A jewel of a book may once again be appreciated in its proper setting." —Don A. Howard, University of Notre Dame. (shrink)

The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker (...) takes one aspect of the trajectory ‘the notion of natural rights’ and examines their social construction, linguistic maintenance, and legal ramifications. (shrink)

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...) end—to produce a description of the substance or procedure of a particular area of the law. Too often, it is only in legal research and writing courses that reading is explicitly addressed. Even there, it is most often analyzed only in its role as a counterpart to the goal of writing; of producing tangible text. But although reading is not studied on its own terms, it makes up most of the practice of learning the law and much of the practice of law. When we read in the utilitarian senses of describing substance or procedure or in order to learn to write, we omit the powerful, tacit learning that occurs with this reading—the learning of the legal worldview. This remains true in the practice of law as well, where reading maintains the acquired worldview. This article explores how that worldview seeps silently into the lives of lawyers while they are busy learning to describe and inscribe the law. While social science has much to tell us about the process of reading, we need to turn to the arts to see the worldview that is learned and perpetuated when one learns to read the law. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...) United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To (...) the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it is assumed that the skills traditionally associated with modern literary criticism . . . are there to be applied to literary texts, not, for instance, to a government document . . . . The intellectual toll this has taken in the work of the most explicitly political of recent critics . . . is very high." Should lawyers not match Said's gage by throwing down one of their own? If literary criticism should be socially engaged, should the social practice of law not be literate? If so, to what end? (shrink)

The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...) of the emissions trading tool, insufficient attention has been paid to its underlying legal and ethical assumptions. In this article, it is emphasized that emissions trading is a part of compliance with environmental law, not a market alternative to compliance. The difference between the two greatly effects and is affected by theories of rights. As part of the scheme of rights and accompanying duties, the author questions whether an implicit right to pollute has been created through emissions trading, as exemplified by the comparison of the systems in the U.S., China and Europe. (shrink)

Two problems of wildlife law will be addressed in this article - one is spatial and the other is temporal. The first problem is the lack of identity with, and therefore support for, international wildlife law that local populations have. That leads to the second problem, which is the failure to apply the lessons learned from biodiversity law of fauna to the biodiversity problems of flora. As to the spatial problem, if we make a simple comparison between a map of (...) biodiversity hotspots and a world geopolitical map, we can see that the hotspots worldwide fall largely in developing countries. (shrink)

Although we were again reminded in 2008 of the unreliability of markets, pollution mitigation and environmental improvement become increasingly intertwined with market economics. We seem irrationally to continue and in fact, increase the role of the market in maintaining and improving human health and the environment. In this article, the author reviews four popular schemes for market particiption in human health and the environment: emissions trading, the top runner program, corporate average fuel economy (CAFE), and technology forcing. This review demonstrates (...) that when each of these programs has been deemed "effective", it generally means "economically profitable", not effective in improving human health or the environment. The review further shows that as these four methods are compared one to the other, when they do work to improve human health or the environement, their relative ability to do so is directly proportional to the degree of legal control, and indirectly proportional to the role of the market. (shrink)

Contrary to the notion that the human mind has some sort of tendency toward the abstract processes of classifying, analysing and synthesising, this paper suggests that these processes are historically and socially constructed. Because these processes (in particular, synthesising) are brought about to serve specific purposes and agendas, we need to pre-examine them periodically to see if they still serve our needs. In the past, synthesis had an important function as a symbol, among alchemists, for example. We have all but (...) forgotten that symbolic functioning and treat it now only in its material manifestations. Having done so, we use the material sense to explain the symbolic sense. In that way, synthesis may no longer be a helpful way to look at our abstract processes. Insofar as the needs of the future may be different than the needs of the past or present, it may indeed be time to abandon ideas of abstract synthesis. The author suggests that in its place, we consider the notion of ‘shuttling’. Shuttling allows us to adopt different positions, and even contradictory positions within our individual thinking, without feeling the need to immediately characterise the contradiction as ‘wrong’. And insofar as we may have multiple present positions, shuttling opens up the possibility for multiple future positions as well. (shrink)

In reading Barbara Koslowski's "Theory and Evidence: The Development of Scientific Reasoning", one may be convinced that the ancient debate between classical rationalists and empiricists is alive. And like most people who carefully investigate the ability of either rationalism or empiricism truly to account for all of our ability to know, Koslowski arrives at the position of saying that knowledge (in this case scientific knowledge) is a product of both: "neither theory nor data alone is sufficient to achieve scientific success; (...) each must be evaluated in the context of, and constrained by, the other". The problem, according to Koslowski, for those who insist upon empiricism as being the only type of understanding which counts as science, is that we then exclude much of the productive thought in children empiricism champions itself as being theory-independent. The theory-independent notion of science uses covariation as its exclusive criterion for scientific reasoning. "In short, the empiricist aim of rationally reconstructing scientific inquiry in terms of theory-independent principles went along with an (all but exclusive) emphasis on the role of Humean indices. And this, in turn, brought with it a corresponding emphasis on hypothesis testing rather than hypothesis discovery and revision". Consequently, according to Koslowski, if we are willing to expand our notion of scientific reasoning to go beyond testing for covariation, then we will find that many more children and adults can be seen to reason in a manner which would be called "scientific". (shrink)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! Immediately (...) after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

Broadly stated, programs implementing the notion of sustainable development seek to balance economic interests with environmental interests. One would assume from the focus that one finds in sustainable development literature on how economics needs to account for the environment that sustainable development adherents are satisfied with the ways in which environmental studies account for economics. Specifically, it appears that sustainable development adherents are satisfied with the content of science as it is currently practiced and wish only to apply that content (...) of science practice more democratically to special problems. This essay questions that assumption by taking a concrete look at the environmental policy document known as Agenda 21. Can the extant practices of science, which to varying degrees created the need for the Earth Summit in Rio de Janeiro in 1992, remain untouched while economics are restructured, if we are to obtain sustainable development? Simply put, what is a sustainable science? (shrink)

Elsewhere I have argued that the future is made of words and images that we create and use in the present, and that the nature of these words is such that we project our future(s)1 from them[1]. Ultimately, we then treat those projected worlds, made of our own words and images, as being something real, or at least real enough to be considered unavoidable, and thus we read back meaning on the present based upon the unavoidable future that we have (...) created. If one accepts this schema, then it begins to make sense not only to examine this process of future creation, but to examine the particular words and images that we have chosen to create the future. Here, I want to examine a particular word—the word “millennium”. A recent edition of the television programme Equinox began with the question “Why has the millennium— a date of our own making—become the focus for the hopes and fears of mankind?”2 The answer lies in the question—it is our own making. We are not only the ones who have done the mathematical calculation to make it 2000, we have created the meaning and significance that it has. And then strangely, dumb-founded and amazed, we stand back as though we are looking upon something as otherpowered as the sun. How do we do this? (shrink)

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change (...) in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

A picture held us captive. And we could not get outside it, for it lay in our language and our language seemed to repeat it to us inexorably. -/- Can an image create a future? Can a word create a future? Most emphatically,‘yes’, I would say. Moreover, not only can words and images create a future, they are the only means of future creation. They are that important because they are that close to our creation of meaning. Thus, it makes (...) perfect sense to look to word and image in its most voluminous form—film—to see suggestions of what some of the future(s) might be. -/- This is not an analysis in the standard sense of a film review. My only comments lie with the creation of future(s) in language and for present purposes, perhaps even more so, in image. There is one important point to be made about one particular word right here at the outset, though. One of the most important criticisms in future studies is that we treat the future as an inevitable manifesting of itself—something that happens ‘out there’, beyond our control or influence. Consequently, there is only one future, as though it is already written in the script of a God, and we are playing it out on stage. This attitude is reflected in language insofar as we consider it standard to use definite, rather than indefinite articles; that is, to say the future, just as we say the present and the past. In fact, we do have some say in the future(s). It is not some sort of intentionally-guided say that we have, however. And it is certainly not some sort of happy control of destiny. It is more of a structural influence. That influence is an influence whereby we create an atmosphere of possibilities. (shrink)

Of course it is not a word, this “dediction”; at least, not yet. But why not? As the story goes, James Joyce was once asked whether his habit of inventing words was because there were not enough words in the English language. He answered that there were enough words, just not the right words. To see whether “dediction” might be a “right word”, I begin by considering related terms, and then consider what they do for us—why do they exist and (...) my new term, “dediction”, does not? For example, if we construct for ourselves a simple list of Latinate roots related to writing and seeing, and then add time-related prefixes, we could quickly come up with “post-script”, “describe”, “description,” “prescribe”, and “prescription”, among others. (“Depict” and “depiction” come to mind as well, but their treatment is beyond my scope here.) If we then do the same for speaking, we have no trouble recognising “predict” and “prediction”, but what about “postdict” and “postdiction” or “dedict” and “dediction”? (shrink)

This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...) for its own sake, but a review of the language of that law shows it to be indirectly benefitting humans. (shrink)

Previously in Futures, I discussed a word that we use to form an abstract futures concept: “millennium” [1]. In its most common current usage, “millennium” is an example of a word that provides, and one might even say controls, a future orientation for us. In the present essay, I am taking a different approach to the role of the word that I will be discussing. This word is not an example of a future-orientation; rather it is more of an example (...) of language about future-orientation. The word is “expectation”. To make this distinction clearer, it may help to borrow some of the terminological distinctions made by the American logician, C.S. Peirce. First of all, for Peirce, and indeed for my present purposes, signs include words. More specifically, in a paper dated 1867, May 14th, and published in the Proceedings of the American Academy of Arts and Science (Boston), VII (1868) [2] Peirce divided signs into three categories based upon their relationship to their object—Icons, Indices, and Symbols. (Peirce himself used the convention of capitalising the words.) He defined “Icon” as a sign determined by its object “by virtue of its own internal nature”. In comparison, he defined “Index” as a sign determined by its object “by virtue of being in real relation to it”, such as when smoke is a sign of fire. A Symbol, according to Peirce, is a sign determined by its object “only in the sense that it will be so interpreted”. A Symbol thus depends upon conventions or habits. (shrink)

When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...) problem. . . .Empirically, the mathematician always suspects the philosopher of not knowing enough about mathematics to have earned the right to speak." While the discipline of law does not have the ontological purchase of the discipline of mathematics, the working lawyer, like the working mathematician, would feel disconnected from "the rigorous description of the generic essence of [his] operations" that the philosopher might offer. Badiou further reports that "justice" is a philosophical word if we do not include juridical significations in it. It is precisely here, when the juridical significations are left aside, that the lawyer (not the legislator) is excluded from the benefits of a "rigorous description" that a philosopher might offer. What can be done to extend the ontological understanding of justice to include the subjectivity of the lawyer and to determine whether the juridical is capable of Badiou's sense of "event?". (shrink)

What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...) of "de-emption". The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives to control greenhouse gasses - especially the documents concluded between New Jersey and the Netherlands, provide rich examples of these tools in contemporary action. (shrink)

In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The (...) Laws and Aristotle's Constitutions of Athens. In this paper I will argue that if we want to understand ecology or environment as cultural concepts, and we look to the law of Classical Greece, or at least Athens, we find that knowing the law is not the direct process of the present day - that is to say, we cannot simply look to written codes to understand the legal practices. Plato in The Laws, points to a comportment toward nature, through the law, which can be based upon objectively-obtained values, without resulting in material scientism. With this in mind, we citizens can determine environmental policy and law, without pretending that it is dictated by earth, air and water. (shrink)

There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...) the Parties in 1997 at Kyoto, as the organizing force of all serious legal actions. There are two foci of the UNFCCC and Protocol - mitigation of the causes of climate change and adaption to the effects of climate change. In the first ten years of life with the UNFCCC, much of the focus was upon mitigation. During that period, adaptation was regarded as only a regrettable fallback position to be considered if we were unable (or as it turns out, unwilling) to mitigate. (shrink)

In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

Much too often, we are guilty of monumentalizing historical persons. As monuments, these people stop being persons, and instead function as placeholders. Monuments can be placeholders for that which is good, or that which is bad. Depending upon one's predictions for such phenomena as "The Enlightenment" and "The Scientific Revolution", one is likely to place either wreaths or garbage at the foot of the monument that is René Descartes. To his credit, Keith Devlin does neither in "Goodbye,Descartes". In the post-war (...) era, trendy circles often find Descartes to be the convenient whipping-boy for all that is wrong with our relationship to the natural world: the subject-object divide, a dispassionate attitude, hyper-rationality, and a context-free world of practices. This use of Descartes ultimately means that no longer does anyone seriously examine his work or closely trace its ramifications. Instead one just evokes his name as the locus of rationality, the side of the Enlightenment, or the turning point from enchantment. (shrink)

"[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...) much that is of interest to those who might want to approach things Irish from a legal perspective. Indeed, approaching Ireland from a legal perspective may be precisely what is new. While our research has found much discussion of the social, political and historical aspects of Irish culture, there is not much that would both qualify as legal scholarship and is up-to-date in a situation that experiences significant changes daily. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought of (...) as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status role, in (...) which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

We can perceive shapes visually and tactilely, and the information we gain about shapes through both sensory modalities is integrated smoothly into and functions in the same way in our behavior independently of whether we gain it by sight or touch. There seems to be no reason in principle we couldn't perceive shapes through other sensory modalities as well, although as a matter of fact we do not. While we can identify shapes through other sensory modalities—e.g., I may know by (...) smell (the scent of mango) that the object causing my sensory experience is round—this is not perceiving an object as shaped, but rather inferring from the character of one's sensory experience and collateral information that an object of a certain shape caused it. That it is possible to perceive shape by other modalities, however, is suggested by the case of bats and aquatic mammals like dolphins which navigate through their environment by a form of sonar. It is plausible that they have some form of auditory representation of space, and so of shape. These facts about shape perception raise important questions about the relation between those features of perceptual experience which are intrinsic to different sensory modalities and the nature of our perceptual representation of shapes, and, more generally, of the space within which we perceive shaped objects to be located. John Campbell's paper, "Molyneux's Problem" (see above), raises a number of interesting and important questions about the nature of our perception of shape properties, particularly the cross-modal nature of shape perception, and ties them to more general questions about the nature both of perceptual.. (shrink)

Much of the recent movement organized under the heading “Experimental Philosophy” has been concerned with the empirical study of responses to thought experiments drawn from the literature on philosophical analysis. I consider what bearing these studies have on the traditional projects in which thought experiments have been used in philosophy. This will help to answer the question what the relation is between Experimental Philosophy and philosophy, whether it is an “exciting new style of [philosophical] research”, “a new interdisciplinary field that (...) uses methods normally associated with psychology to investigate questions normally associated with philosophy” (Knobe et al. 2012), or whether its relation to philosophy consists, as some have suggested, in no more than the word ‘philosophy’ appearing in its title, or whether the truth lies somewhere in between these two views. I first distinguishes different strands in Experimental Philosophy, negative and positive x-phi, and x-phi pursuing philosophy as opposed to x-phi as cognitive science. Next I review some ways in which Experimental Philosophy has been criticized. Finally, I consider what would have to be true for Experimental Philosophy to have one or another sort of relevance to philosophy, whether the assumptions required are true, how we could know it, and the ideal limits of the usefulness Experimental Philosophy to philosophy. I conclude x-phi cannot in principle be a replacement for traditional first person approaches because it yields the wrong kind of knowledge and that it can nonetheless be a practical aid in conducting philosophical thought experiments. n. (shrink)

Existing work on gaslighting ties it constitutively to facts about the intentions or prejudices of the gaslighter and/or his victim’s prior experience of epistemic injustice. I argue that the concept of gaslighting is more broadly applicable than has been appreciated: what is distinctive about gaslighting, on my account, is simply that a gaslighter confronts his victim with a certain kind of choice between rejecting his testimony and doubting her own basic epistemic competence in some domain. I thus hold that gaslighting (...) is a purely epistemic phenomenon—not requiring any particular set of intentions or prejudices on the part of the gaslighter—and also that it can occur even in the absence of any prior experience of epistemic injustice. Appreciating the dilemmatic character of gaslighting allows us to understand its connection with a characteristic sort of epistemic harm, makes it easier to apply the concept of gaslighting in practice, and raises the possibility that we might discover its structure and the associated harm in surprising places. (shrink)

Recent third person approaches to thought experiments and conceptual analysis through the method of surveys are motivated by and motivate skepticism about the traditional first person method. I argue that such surveys give no good ground for skepticism, that they have some utility, but that they do not represent a fundamentally new way of doing philosophy, that they are liable to considerable methodological difficulties, and that they cannot be substituted for the first person method, since the a priori knowledge which (...) is our object in conceptual analysis can be acquired only from the first person standpoint. (shrink)

The term 'covert mixed quotation' describes cases in which linguistic material is interpreted in the manner of mixed quotation — that is, used in addition to being mentioned — despite the superficial absence of any commonly recognized conventional devices indicating quotation. After developing a novel theory of mixed quotation, I show that positing covert mixed quotation allows us to give simple and unified treatments of a number of puzzling semantic phenomena, including the projective behavior of conventional implicature items embedded in (...) indirect speech reports and propositional attitude ascriptions, so-called 'c-monsters,' metalinguistic negation, metalinguistic negotiation, and 'in a sense' constructions. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

Donald Davidson was one of the most influential philosophers of the last half of the 20th century, especially in the theory of meaning and in the philosophy of mind and action. In this paper, I concentrate on a field-shaping proposal of Davidson’s in the theory of meaning, arguably his most influential, namely, that insight into meaning may be best pursued by a bit of indirection, by showing how appropriate knowledge of a finitely axiomatized truth theory for a language can put (...) one in a position both to interpret the utterance of any sentence of the language and to see how its semantically primitive constituents together with their mode of combination determines its meaning (Davidson 1965, 1967, 1970, 1973a). This project has come to be known as truth-theoretic semantics. My aim in this paper is to render the best account I can of the goals and methods of truth-theoretic semantics, to defend it against some objections, and to identify its limitations. Although I believe that the project I describe conforms to the main idea that Davidson had, my aim is not primarily Davidson exegesis. I want to get on the table an approach to compositional semantics for natural languages, inspired by Davidson, but extended and developed, which I think does about as much along those lines as any theory could. I believe it is Davidson’s project, and I defend this in detail elsewhere (Ludwig 2015; Lepore and Ludwig 2005, 2007a, 2007b, 2011). But I want to develop and defend the project while also exploring its limitations, without getting entangled in exegetical questions. (shrink)

Raimo Tuomela is one of the pioneers of social action theory and has done as much as anyone over the last thirty years to advance the study of social action and collective intentionality. Social Ontology: Collective Intentionality and Group Agents (2013) presents the latest version of his theory and applications to a range of important social phenomena. The book covers so much ground, and so many important topics in detailed discussions, that it would impossible in a short space to do (...) it even partial justice. In this brief note, I will concentrate on a single, though important, theme in the book, namely, the claim that we must give up methodological individualism in the social sciences and embrace instead irreducibly group notions. I wish to defend methodological individualism as up to the theoretical tasks of the social sciences while acknowledging what is distinctive about the social world and collective intentional action. -/- Tuomela frames the question of the adequacy of methodological individualism in terms of a contrast between what he calls the I-mode and the we-mode. He argues that we-mode phenomena are not reducible to I-mode phenomena, and concludes that we must reject methodological individualism. I will argue that the irreducibility of the we-mode to the I-mode, given how the contrast is set up, does not entail the rejection of methodological individualism. In addition, I will argue that the three conditions that Tuomela places on genuine we-mode activities, the group reason, collectivity, and collective commitment conditions, if they are understood in a way that does not beg the question, can plausibly be satisfied by a reductive account. Finally, I will argue that the specific considerations advanced in the book do not give us reason to think that a reductive account cannot be adequate to the descriptive and explanatory requirements of a theory of the social world. (shrink)

This paper replies to Himmelreich's ‘The Paraphrase Argument Against Collective Actions’ [2017], which presents three putative counterexamples to the multiple agents analysis of plural action sentences. The paper shows that the argument from the first example, the discursive dilemma, fails because it relies crucially on a simplification of the target analysis, and that the others don't bear on the question because they turn out on examination to be about individual rather than group action sentences.

Quotation marks in natural language that do not function straightforwardly as devices for securing reference to linguistic objects have generally been categorized as instances of either mixed quotation or scare quotation. I argue that certain uses of quotation marks in natural language resist assimilation to either of these two theoretical categories, as well as to the more familiar categories of pure and direct quotation. It follows that we must recognize a novel type of quotation in natural language, which I call (...) dummy quotation because it involves the contribution of semantically minimal `dummy meanings' to composition. I develop a semantic theory of dummy quotation and show that it is better able than rival proposals to account for the troublesome examples in question. (shrink)

The inclusion problem for theories of gender arises when those theories inappropriately fail to include certain individuals in the gender categories to which they ought to belong. The inclusion problem affects both of the most influential traditions in feminist theorizing about gender: social-position accounts and identity accounts. I argue that the inclusion problem can be solved by adopting a structured theory of gender, which incorporates aspects of both social-position accounts and identity accounts. According to the theory I favor, an individual’s (...) gender is determined by their gender identity if they have one; otherwise, it is determined by their social position. My structured approach to gender offers a more direct solution to the gender inclusion problem than alternatives recently advocated by Barnes (2020), Jenkins (2023), and others. It also points the way to a simple solution to inclusion problems that arise at the level of gendered language. (shrink)

I address a criticism of the use of thought experiments in conceptual analysis advanced on the basis of the survey method of so-called experimental philosophy. The criticism holds that surveys show that intuitions are relative to cultures in a way that undermines the claim that intuition-based investigation yields any objective answer to philosophical questions. The crucial question is what intuitions are as philosophers have been interested in them. To answer this question we look at the role of intuitions in philosophical (...) inquiry. When we have done this, we can see that it is impossible for intuitions properly understood to be relative in the way that has been suggested as they are conceived of as expressions of competence in the concepts deployed in their contents. The remaining methodological issues, though not to be dismissed, present no in principle objection to the method of thought experiments. (shrink)

This chapter introduces psychologism as the thesis that social facts can explained in terms of more basic facts about individuals, their psychological states, their actions, their relations, and their environments. It argues psychologism should be our default stance toward social reality. It reviews psychologistic approaches to shared intention and how shared intentions can help explain conventions, status functions, and organizations. It provides a deflationary account of corporate attitudes. It argues that neither physical nor social externalism about thought content are incompatible (...) with psychologism. It argues that social construction views of the self that conflict with psychologism are implausible. Finally, it points out that it is no objection to psychologism that social facts can change without changes in psychological facts because this is compatible with psychologism as explained here. (shrink)

This chapter introduces readers to the empirical questions at issue in debates over gendered pronouns and assesses the plausibility of various possible answers to these questions. It has two parts. The first is a general introduction to the linguistics and psychology of grammatical gender. The second focuses on the meanings of gendered pronouns in English. It begins with a discussion of some methodological limitations of empirical approaches to the topic and the normative implications of those limitations. It then argues against (...) three simple theories of the semantics of gendered pronouns in English and proposes an alternative that fares better: the Gender-First View. Finally, it discusses the singular use of 'they' and its connection to nonbinary gender identities. (shrink)

This chapter looks for “continuity and convergence” between Davidson’s and Wittgenstein’s work, identifies common themes and family resemblances, as well as disagreements, especially in the theory of meaning. I take up in turn: -/- (1) their shared rejection of the utility of an ontology of meanings; (2) a convergence on the idea that we must show rather than say what an expression means; (3) the similarities and differences between them on meaning as use and the sense in which rule following (...) is essential for meaning; (4) the publicity of language, first in connection with radical interpretation; and (5) then with Davidson’s later work on triangulation in securing objective thought. (shrink)

Speakers assert in order to communicate information. It is natural, therefore, to hold that the content of an assertion is whatever information it communicates to its audience. In cases involving uncertainty about the semantic values of context-sensitive lexical items, moreover, it is natural to hold that the information an assertion communicates to its audience is whatever information audience members are in a position to recover from it by assuming that the proposition it semantically determines is true. This sort of picture (...) corresponds to an influential and widely endorsed theory of assertoric content: diagonalism. I begin by arguing that, despite its intuitive appeal, diagonalism should be rejected because it conflicts with our intuitive judgments about the circumstances in which the contents of speakers’ assertions would be true or false. I then show that the failure of diagonalism requires us to either abandon a familiar way of thinking about information and rational assertion or hold that the content of an assertion is not always the information it communicates. I suggest that we choose the latter horn of this dilemma — assertoric content is better characterized in terms of the commitments speakers undertake than in terms of the information they communicate. (shrink)

It is common to think that grounding is necessary in the sense that: if P grounds Q, then necessarily: if P, then Q. Though most accept this principle, some give counterexamples to it. Instead of straightforwardly arguing for, or against, necessity, I explain the sense in which grounding is necessary and contingent. I argue that there are two kinds of grounding: what-grounding and why-grounding, where the former kind is necessary while the latter is contingent.

This chapter investigates the Institutional Distribution Question for backwards-looking collective moral responsibility for institutional action, namely, the question how blame is to be distributed over members of an institution in virtue of its being collectively to blame for some harm. The distribution of blame over members of an institution for harms that the institution brings about must take into account the different institutional roles of its members. This is the primary difference between the question of distribution of responsibilities in unorganized (...) groups and in institutional groups. A central goal of this chapter is to say how and why this makes a difference. The two central organizing ideas will be that of a role that is a responsibility magnet, that is, one which attracts individual responsibility for blameworthy institutional action and that of a role which is, at least in certain respects, a responsibility shelter. In a responsibility shelter, the occupier of the role is at least provisionally innocent of blame for institutional action that is itself blameworthy, even when the agent in the role makes a contribution to it. What roles are magnets or shelters can be sensitive to the context and type of action the institution undertakes. The central theoretical tool in determining what roles are magnets and what roles are shelters is how collectively accepted proxy agent roles structure trust and responsibility burdens in an institution. (shrink)

Inchul Yum (2024) argues that the widespread adoption of language agent architectures would likely increase the risk posed by AI by simplifying the process of aligning artificial systems with human values and thereby making it easier for malicious actors to use them to cause a variety of harms. Yum takes this to be an example of a broader phenomenon: progress on the alignment problem is likely to be net safety-negative because it makes artificial systems easier for malicious actors to control. (...) I offer some reasons for skepticism about this surprising and pessimistic conclusion. (shrink)

Indeterminacy is metaphysical (or worldly) if it has its source in the way the world is (rather than how it is represented or known). There are two questions we could ask about indeterminacy. First: does it exist? Second: is indeterminacy derivative? I focus on the second question. Specifically, I argue that (at least some) metaphysical indeterminacy can be derivative, where this roughly means that facts about indeterminacy are metaphysically grounded in facts about what is determinate.

This paper clarifies Searle's account of we-intentions and then argues that it is subject to counterexamples, some of which are derived from examples Searle uses against other accounts. It then offers an alternative reductive account that is not subject to the counterexamples.

In proxy assertion an individual or group asserts something through a spokesperson. The chapter explains proxy assertion as resting on the assignment of a status role to a person (that of spokesperson) whose utterances acts in virtue of that role have the status function of signaling that the principal is committed in a way analogous to an individual asserting that in his own voice. The chapter briefly explains how status functions and status roles are grounded and then treats, in turn, (...) the case of a spokesperson for an individual and a group and the differences in the significance of what the spokesperson does in each case. Finally, it reviews complications introduced by spokesperson autonomy, where the spokesperson is given leave to represent her principal’s views or positions in her own words and to respond to questions on his behalf. (shrink)