We investigate the meaning of the wave function by analyzing the mass and charge density distributions of a quantum system. According to protective measurement, a charged quantum system has effective mass and charge density distributing in space, proportional to the square of the absolute value of its wave function. In a realistic interpretation, the wave function of a quantum system can be taken as a description of either a physical field or the ergodic motion of a particle. The essential difference (...) between a field and the ergodic motion of a particle lies in the property of simultaneity; a field exists throughout space simultaneously, whereas the ergodic motion of a particle exists throughout space in a time-divided way. If the wave function is a physical field, then the mass and charge density will be distributed in space simultaneously for a charged quantum system, and thus there will exist gravitational and electrostatic self-interactions of its wave function. This not only violates the superposition principle of quantum mechanics but also contradicts experimental observations. Thus the wave function cannot be a description of a physical field but a description of the ergodic motion of a particle. For the later there is only a localized particle with mass and charge at every instant, and thus there will not exist any self-interaction for the wave function. Which kind of ergodic motion of particles then? It is argued that the classical ergodic models, which assume continuous motion of particles, cannot be consistent with quantum mechanics. Based on the negative result, we suggest that the wave function is a description of the quantum motion of particles, which is random and discontinuous in nature. On this interpretation, the square of the absolute value of the wave function not only gives the probability of the particle being found in certain locations, but also gives the probability of the particle being there. We show that this new interpretation of the wave function provides a natural realistic alternative to the orthodox interpretation, and its implications for other realistic interpretations of quantum mechanics are also briefly discussed. (shrink)

We give a new argument supporting a gravitational role in quantum collapse. It is demonstrated that the discreteness of space-time, which results from the proper combination of quantum theory and general relativity, may inevitably result in the dynamical collapse of thewave function. Moreover, the minimum size of discrete space-time yields a plausible collapse criterion consistent with experiments. By assuming that the source to collapse the wave function is the inherent random motion of particles described by the wave function, we further (...) propose a concrete model of wavefunction collapse in the discrete space-time. It is shown that the model is consistent with the existing experiments and macroscopic experiences. (shrink)

According to the laws of physics, the state of a physical system can only be measured by another system (usually a particular measuring device) via a physical interaction. However, when our brain is in a conscious mental state, it can in principle output the information about its physical state based on the psycho-physical correspondance between the mental state and the physical state. It is argued that this suggests that the conscious mind violates physical laws and it is not physical as (...) physicalism claims. (shrink)

According to an increasingly popular view in epistemology and philosophy of mind, beliefs are sensitive to contextual factors such as practical factors and salient error possibilities. A prominent version of this view, called credal sensitivism, holds that the context-sensitivity of belief is due to the context-sensitivity of degrees of belief or credence. Credal sensitivism comes in two variants: while credence-one sensitivism (COS) holds that maximal confidence (credence one) is necessary for belief, threshold credal sensitivism (TCS) holds that belief consists in (...) having credence above some threshold, where this threshold doesn’t require maximal confidence. In this paper, I argue that COS has difficulties in accounting for three important features about belief: i) the compatibility between believing p and assigning non-zero credence to certain error possibilities that one takes to entail not-p, ii) the fact that outright beliefs can occur in different strengths, and iii) beliefs held by unconscious subjects. I also argue that TCS can easily avoid these problems. Finally, I consider an alleged advantage of COS over TCS in terms of explaining beliefs about lotteries. I argue that lottery cases are rather more problematic for COS than TCS. In conclusion, TCS is the most plausible version of credal sensitivitism. (shrink)

According to doxastic pragmatism, certain perceived practical factors, such as high stakes and urgency, have systematic effects on normal subjects’ outright beliefs. Upholders of doxastic pragmatism have so far endorsed a particular version of this view, which we may call threshold pragmatism. This view holds that the sensitivity of belief to the relevant practical factors is due to a corresponding sensitivity of the threshold on the degree of credence necessary for outright belief. According to an alternative but yet unrecognised version (...) of doxastic pragmatism, practical factors affect credence rather than the threshold on credence. Let’s call this alternative view credal pragmatism. In this paper, I argue that credal pragmatism is more plausible than threshold pragmatism. I show that the former view better accommodates a cluster of intuitive and empirical data. I conclude by considering the issue of whether our doxastic attitudes’ sensitivity to practical factors can be considered rational, and if yes, in what sense. (shrink)

One challenge for moderate invariantists is to explain why we tend to deny knowledge to subjects in high stakes when the target propositions seem to be inappropriate premises for practical reasoning. According to an account suggested by Williamson, our intuitive judgments are erroneous due to an alleged failure to acknowledge the distinction between first-order and higher-order knowledge: the high-stakes subject lacks the latter but possesses the former. In this paper, I provide three objections to Williamson’s account: i) his account delivers (...) counterintuitive verdicts about what it is appropriate for a high-stakes subject to do; ii) the high-stakes subject doesn’t need iterated knowledge in order to be regarded as appropriately relying on the relevant proposition in practical reasoning; iii) Williamson’s account doesn’t provide a good explanation of why the high-stakes subject would be blameworthy if she were relying on the relevant proposition in her practical reasoning. (shrink)

This study aims to provide a coherent new interpretation of the notorious anti-hedonism of Speusippus, Plato’s nephew and the second scholarch of the Academy, by reconsidering all the relevant sources concerning his attitude toward pleasure—sources that seem to be in tension or even incompatible with each other. By reassessing Speusippus’ anti-hedonism and Aristotle’s response, it also sheds new light on the Academic debate over pleasure in which he and Aristotle participated: This debate is not merely concerned with the truth and (...) credibility of the arguments for or against hedonism; there are also notable differences among the participants in their understanding of the practical significance of evaluating hedonic experiences. This new interpretation allows us to better understand Aristotle’s selective representation of the intra-school debate and some neglected features of his responses to different interlocutors. (shrink)

According to evidentialist views, credence in a proposition p should be proportional to the degree of evidential support that one has in favor of p. However, empirical evidence suggests that our credences are systematically sensitive to practical factors. In this article, I provide a cost–benefit analysis of credences' practical sensitivity. The upshot of this analysis is that credences sensitive to practical factors fare better than practically insensitive ones along several dimensions. All things considered, our credences should be sensitive to practical (...) factors. (shrink)

E. Husserl’s reflections in Logical Investigations on “intentional feelings” and “non-intentional feelings” are significant in both his later ethical explorations and M. Scheler’s thought on ethics. Through the incorporation of the views of Husserl and Scheler, we find that the phenomenology of the intentional feeling-acts is not only the foundation of the non-formal ethics of values in Scheler’s phenomenology, but also at least the constitutive foundation of the ethics of Husserl’s first orientation.

It is shown that the superposed wave function of a measuring device, in each branch of which there is a definite measurement result, does not correspond to many mutually unobservable but equally real worlds, as the superposed wave function can be observed in our world by protective measurement.

It has been argued recently that knowledge is the norm of practical reasoning. This norm can be formulated as a bi-conditional: it is appropriate to treat p as a reason for acting if and only if you know that p. Other proposals replace knowledge with warranted or justified belief. This paper gives counter-examples of both directions of any such bi-conditional. To the left-to-right direction: scientists can appropriately treat as reasons for action propositions of a theory they believe to be false (...) but good approximations to the truth for present purposes. Cases based on a variant of Pascal’s Wager and actions performed by a skeptic also illustrate the point. To the right-to-left direction: in certain circumstances, it can be unreasonable for a scientist to reason from propositions of a theory she knows to be true. (shrink)

Self-deception is typically considered epistemically irrational, for it involves holding certain doxastic attitudes against strong counter-evidence. Pragmatic encroachment about epistemic rationality says that whether it is epistemically rational to believe, withhold belief or disbelieve something can depend on perceived practical factors of one’s situation. In this paper I argue that some cases of self-deception satisfy what pragmatic encroachment considers sufficient conditions for epistemic rationality. As a result, we face the following dilemma: either we revise the received view about self-deception or (...) we deny pragmatic encroachment on epistemic rationality. I suggest that the dilemma can be solved if we pay close attention to the distinction between ideal and bounded rationality. I argue that the problematic cases fail to meet standards of ideal rationality but exemplify bounded rationality. The solution preserves pragmatic encroachment on bounded rationality, but denies it on ideal rationality. (shrink)

We show that the physical meaning of the wave function can be derived based on the established parts of quantum mechanics. It turns out that the wave function represents the state of random discontinuous motion of particles, and its modulus square determines the probability density of the particles appearing in certain positions in space.

According to pragmatic encroachment, whether an epistemic attitude towards p has some positive epistemic status (e.g., whether a belief is epistemically rational or justified, or it amounts to knowledge) partially depends on practical factors such as the costs of being wrong or the practical goals of the agent. Pragmatic encroachment comes in many varieties. This survey article provides an overview of different kinds of pragmatic encroachment. It focuses on three dimensions under which kinds of pragmatic encroachment differ: the type of (...) epistemic status affected by practical factors, the type of practical factors affecting the epistemic status, and the type of normative considerations encroaching on the epistemic status. (shrink)

In this entry, we provide an overview of some of the methodological debates surrounding contextualism and consider whether they are, in effect, based on an underlying methodological dispute. We consider three modes of motivation of epistemic contextualism including i) the method of cases, ii) the appeal to linguistic analogies and iii) the appeal to conceptual analogies and functional roles. We also consider the methodological debates about contextualism arising from experimental philosophy. We conclude that i) there is no distinctive methodological doctrine (...) or set of methodological doctrines that is centrally invoked by all epistemic contextualists and ii) the substantive dispute about the truth of contextualism very frequently, although not invariably, reflects an underlying methodological dispute. (shrink)

It is shown that the heuristic "derivation" of the Schrödinger equation in quantum mechanics textbooks can be turned into a real derivation by resorting to spacetime translation invariance and relativistic invariance.

This essay develops an inferential account of model explanation, based on Mauricio Suárez’s inferential conception of scientific representation and Alisa Bokulich’s counterfactual account of model explanation. It is suggested that the fact that a scientific model can explain is essentially linked to how a modeler uses an established model to make various inferences about the target system on the basis of results derived from the model. The inference practice is understood as a two-step activity, with the first step involving making (...) counterfactual statements about the model itself and the second step involving making hypothetical statements transferring over claims derived from the model onto the target. To illustrate how this two-step activity proceeds, an agent-based simulation model is discussed. (shrink)

We analyze the possible implications of spacetime discreteness for the special and general relativity and quantum theory. It is argued that the existence of a minimum size of spacetime may explain the invariance of the speed of light in special relativity and Einstein’s equivalence principle in general relativity. Moreover, the discreteness of spacetime may also result in the collapse of the wave function in quantum mechanics, which may provide a possible solution to the quantum measurement problem. These interesting results might (...) have some important implications for a complete theory of quantum gravity. (shrink)

We investigate the validity of the field explanation of the wave function by analyzing the mass and charge density distributions of a quantum system. It is argued that a charged quantum system has effective mass and charge density distributing in space, proportional to the square of the absolute value of its wave function. This is also a consequence of protective measurement. If the wave function is a physical field, then the mass and charge density will be distributed in space simultaneously (...) for a charged quantum system, and thus there will exist a remarkable electrostatic self-interaction of its wave function, though the gravitational self-interaction is too weak to be detected presently. This not only violates the superposition principle of quantum mechanics but also contradicts experimental observations. Thus we conclude that the wave function cannot be a description of a physical field. In the second part of this paper, we further analyze the implications of these results for the main realistic interpretations of quantum mechanics, especially for de Broglie-Bohm theory. It has been argued that de Broglie-Bohm theory gives the same predictions as quantum mechanics by means of quantum equilibrium hypothesis. However, this equivalence is based on the premise that the wave function, regarded as a Ψ-field, has no mass and charge density distributions, which turns out to be wrong according to the above results. For a charged quantum system, both Ψ-field and Bohmian particle have charge density distribution. This then results in the existence of an electrostatic self-interaction of the field and an electromagnetic interaction between the field and Bohmian particle, which contradicts both the predictions of quantum mechanics and experimental observations. Therefore, de Broglie-Bohm theory as a realistic interpretation of quantum mechanics is probably wrong. Lastly, we suggest that the wave function is a description of some sort of ergodic motion (e.g. random discontinuous motion) of particles, and we also briefly analyze the implications of this suggestion for other realistic interpretations of quantum mechanics including many-worlds interpretation and dynamical collapse theories. (shrink)

The remarkable connections between gravity and thermodynamics seem to imply that gravity is not fundamental but emergent, and in particular, as Verlinde suggested, gravity is probably an entropic force. In this paper, we will argue that the idea of gravity as an entropic force is debatable. It is shown that there is no convincing analogy between gravity and entropic force in Verlinde’s example. Neither holographic screen nor test particle satisfies all requirements for the existence of entropic force in a thermodynamics (...) system. As a result, there is no entropic force in the gravity system. Furthermore, we show that the entropy increase of the screen is not caused by its statistical tendency to increase entropy as required by the existence of entropic force, but in fact caused by gravity. Therefore, Verlinde’s argument for the entropic origin of gravity is problematic. In addition, we argue that the existence of a minimum size of spacetime, together with the Heisenberg uncertainty principle in quantum theory, may imply the fundamental existence of gravity as a geometric property of spacetime. This provides a further support for the conclusion that gravity is not an entropic force. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

Anosognosia for visual deficits—cases where significant visual deficits go unnoticed—challenges the view that our own conscious experiences are what we know best. We review these widespread and striking failures of awareness. Anosognosia can occur with total blindness, visual abnormalities induced by brain lesions, and eye diseases. We show that anosognosia for visual deficits is surprisingly widespread. Building on previous accounts, we introduce a framework showing how apparently disparate forms of anosognosia fit together. The central idea is that, to notice a (...) deficit, individuals need to form expectations about normal vision, compare expectations and visual input, and judge any mismatch at the metacognitive level. A failure in any of these three steps may lead to unawareness of visual deficits. (shrink)

We investigate the implications of protective measurement for de Broglie-Bohm theory, mainly focusing on the interpretation of the wave function. It has been argued that the de Broglie-Bohm theory gives the same predictions as quantum mechanics by means of quantum equilibrium hypothesis. However, this equivalence is based on the premise that the wave function, regarded as a Ψ-field, has no mass and charge density distributions. But this premise turns out to be wrong according to protective measurement; a charged quantum system (...) has effective mass and charge density distributing in space, proportional to the square of the absolute value of its wave function. Then in the de Broglie-Bohm theory both Ψ-field and Bohmian particle will have charge density distribution for a charged quantum system. This will result in the existence of an electrostatic self-interaction of the field and an electromagnetic interaction between the field and Bohmian particle, which not only violates the superposition principle of quantum mechanics but also contradicts experimental observations. Therefore, the de Broglie-Bohm theory as a realistic interpretation of quantum mechanics is problematic according to protective measurement. Lastly, we briefly discuss the possibility that the wave function is not a physical field but a description of some sort of ergodic motion (e.g. random discontinuous motion) of particles. (shrink)

The paper investigates what type of motivation can be given for adopting a knowledge-based decision theory. KBDT seems to have several advantages over competing theories of rationality. It is commonly argued that this theory would naturally fit with the intuitive idea that being rational is doing what we take to be best given what we know, an idea often supported by appeal to ordinary folk appraisals. Moreover, KBDT seems to strike a perfect balance between the problematic extremes of subjectivist and (...) objectivist decision theory. We argue that these alleged advantages do not stand up to a closer scrutiny: KBDT inherits the same kinds of problems as alternative decision theoretic frameworks but doesn’t retain any of the respective advantages. Moreover, differently from other knowledge-action principles advanced in the literature, KBDT cannot fully explain the intuitive connections between knowledge and rational action. We conclude that the most serious challenge for knowledge-based decision theorists is to provide a substantive rationale for the adoption of such a view. (shrink)

The meaning of the wave function and its evolution are investigated. First, we argue that the wave function in quantum mechanics is a description of random discontinuous motion of particles, and the modulus square of the wave function gives the probability density of the particles being in certain locations in space. Next, we show that the linear non-relativistic evolution of the wave function of an isolated system obeys the free Schrödinger equation due to the requirements of spacetime translation invariance and (...) relativistic invariance. Thirdly, we argue that the random discontinuous motion of particles may lead to a stochastic, nonlinear collapse evolution of the wave function. A discrete model of energy-conserved wavefunction collapse is proposed and shown consistent with existing experiments and our macroscopic experience. Besides, we also give a critical analysis of the de Broglie-Bohm theory, the many-worlds interpretation and other dynamical collapse theories, and briefly discuss the issues of unifying quantum mechanics and relativity. (shrink)

In quantum mechanics, the wave function of a N-body system is a mathematical function defined in a 3N-dimensional configuration space. We argue that wave function realism implies particle ontology when assuming: (1) the wave function of a N-body system describes N physical entities; (2) each triple of the 3N coordinates of a point in configuration space that relates to one physical entity represents a point in ordinary three-dimensional space. Moreover, the motion of particles is random and discontinuous.

Michael Weisberg’s account of scientific models concentrates on the ways in which models are similar to their targets. He intends not merely to explain what similarity consists in, but also to capture similarity judgments made by scientists. In order to scrutinize whether his account fulfills this goal, I outline one common way in which scientists judge whether a model is similar enough to its target, namely maximum likelihood estimation method. Then I consider whether Weisberg’s account could capture the judgments involved (...) in this practice. I argue that his account fails for three reasons. First, his account is simply too abstract to capture what is going on in MLE. Second, it implies an atomistic conception of similarity, while MLE operates in a holistic manner. Third, Weisberg’s atomistic conception of similarity can be traced back to a problematic set-theoretic approach to the structure of models. Finally, I tentatively suggest how these problems might be solved by a holistic approach in which models and targets are compared in a non-set-theoretic fashion. (shrink)

Polger and Shapiro argue that their official recipe, a criterion for judging when the phenomenon of multiple realization exists, renders MR less widespread than its proponents have assumed. I argue that, although Polger and Shapiro’s criterion is a useful contribution, they arrive at their conclusion too hastily. Contrary to Polger and Shapiro, I claim that the phenomenon of multiple realization in the biological world, judged by their criterion, is not as scarce as they suggest. To show this, an updated official (...) recipe, namely a multiple mechanistic realization thesis, integrating Polger and Shapiro’s criterion with a compositional conception of realization, is developed. Then, three examples of varied kinds are examined, showing that cases of MR are not so hard to find in the biological world. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

Based on an analysis of protective measurements, we show that the quantum state represents the physical state of a single quantum system. This result is more definite than the PBR theorem [Pusey, Barrett, and Rudolph, Nature Phys. 8, 475 (2012)].

This paper focuses on a potential problem with Sosa’s theory of default assumption, viz., the alleged incompatibility of this theory with the closure principle. Given the similarity between the notion of default assumption and Wittgenstein’s notion of hinge commitment, I suggest that two influential hinge epistemologies including Wright’s entitlement theory and Pritchard’s non-belief theory provide resources for possible solutions to the problem. I argue that default assumption should be classified as acceptance and hence as a non-doxastic propositional attitude. Sosa’s theory (...) can deal with the apparent incompatibility with the closure principle by adopting the solution of the non-belief theory, while also avoiding problems affecting the latter view. (shrink)

Plato’s nephew Speusippus has been widely accepted as the historical person behind the mask of the anti-hedonists in Phlb. 42b–44c. This hypothesis is supported by, inter alia, the link between Socrates’ char- acterization of them as δυσχερεῖς and the frequent references of δυσχέρεια as ἀπορία to Speusippus in Aristotle’s Metaphysics MN. This study argues against assigning any privileged status to Speusippus in the assimilation of δυσχέρεια with ἀπορία. Instead, based on a comprehensive survey of how δυσχερ- words were used in (...) classical antiquity, the semantic shift of δυσχέρεια can be explained in an alternative way. (shrink)

Purpose: Although psychopathy is characterized by amoral behavior, literature on the association between psychopathy and moral judgment pattern is mixed. Recent evidence suggests that this may be due to the moderation effect of anxiety (Koenigs, Kruepke, Zeier, & Newman, 2011). The current study aims to examine the psychopathy-utilitarian judgment association in college students. Method: In this study, a group of 302 college students completed a moral judgment test involving hypothetical dilemmas. Their psychopathic traits were assessed by the Psychopathic Personality Inventory (...) – Short Form (PPI-SF) (Lilienfeld & Andrews, 1996). Results: Individuals with higher psychopathic traits were more likely to make utilitarian responses to moral dilemmas. Furthermore, the association between utilitarian responses and psychopathy was more salient for the behavioral factor of psychopathy (PPI-II), and this association was mediated by self-reported aggression. However, the moderating effect of anxiety was not found. Conclusions: These results build upon work on utilitarian moral judgment in psychopathic individuals in a non-incarcerated, non-institutionalized sample, and have important implications for the behavioral correc- tion system. (shrink)

According to the Rational Threshold View, a rational agent believes p if and only if her credence in p is equal to or greater than a certain threshold. One of the most serious challenges for this view is the problem of statistical evidence: statistical evidence is often not sufficient to make an outright belief rational, no matter how probable the target proposition is given such evidence. This indicates that rational belief is not as sensitive to statistical evidence as rational credence. (...) The aim of this paper is twofold. First, we argue that, in addition to playing a decisive role in rationalizing outright belief, non-statistical evidence also plays a preponderant role in rationalizing credence. More precisely, when both types of evidence are present in a context, non-statistical evidence should receive a heavier weight than statistical evidence in determining rational credence. Second, based on this result, we argue that a modified version of the Rational Threshold View can avoid the problem of statistical evidence. We conclude by suggesting a possible explanation of the varying sensitivity to different types of evidence for belief and credence based on the respective aims of these attitudes. (shrink)

Background— Although one of the main characteristics of psychopaths is a deficit in emotion, it is unknown whether they show a fundamental impairment in appropriately recognizing their own body sensations during an emotion-inducing task. Method— Skin conductance and heart rate were recorded in 138 males during a social stressor together with subjective reports of body sensations. Psychopathic traits were assessed using the Psychopathy Checklist – Revised (PCL-R) 2nd edition (Hare, 2003). Results— Nonpsychopathic controls who reported higher body sensations showed higher (...) heart rate reactivity, but this verbal-autonomic consistency was not found in psychopathic individuals. This mind-body disconnection is particularly associated with the interpersonal-affective factor of psychopathy. Conclusions— Findings are the first to document this body sensations– autonomic mismatch in psychopaths, and suggest that somatic aphasia the inaccurate identification and recognition of one‘s own somatic states may partly underlie the interpersonal-affective features of psychopaths. (shrink)

This paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (shrink)

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

This article argues for the explanatory autonomy of psychology drawing on cases from the multilevel modeling practice. This is done by considering a multilevel linear model in personality and social psychology, and discussing its philosophical implications for the reductionism debate in philosophy of psychology. I argue that this practice challenges the reductionist position in philosophy of psychology, and supports the explanatory autonomy of psychology.

Les questions les plus fondamentales de la phénoménologie du sentir de Max Scheler concernent la place de l’intentionnalité dans la phénoménologie du sentir et la structuration de la sphère émotionnelle. Dans la première section, nous nous focaliserons avant tout sur la différence entre les sentiments non intentionnels et le sentir intentionnel, en comparant sur ce point les positions de Scheler et de Husserl. En effet, Scheler critique ces deux thèses fondamentales de Husserl: 1) les actes affectifs et leurs corrélats (« (...) valeurs ») doivent être associés aux représentations et à leurs corrélats (« choses », Sachen ); 2) les actes affectifs, en tant qu’actes non objectivants, sont fondés dans les actes objectivants. D’une part, pour Scheler, la valeur est un objet unique en son genre du sentir des valeurs, et le sentir intentionnel est donc un acte indépendant. D’autre part, Scheler a d’abord entrepris de dépasser la séparation entre acte objectivant et acte non objectivant. Dans ce contexte, la recherche actuelle consacrée à Scheler se heurte à de nombreuses difficultés relatives à la structuration de la sphère émotionnelle en rapport avec la hiérarchie des modalités axiologiques et avec l’a priori corrélationnel. Dans la deuxième section, nous expliquerons d’abord les idées de Scheler, puis en discuterons les difficultés. C’est par le « commerce vivant » avec le monde dans le sentir intentionnel et dans les actes émotionnels intentionnels, par les corrélats intentionnels (valeurs matérielles), que Scheler se sépare du formalisme en éthique. A travers un « apriorisme matériel » qui présente trois espèce d’a priori (a priori axiologique, a priori émotionnel et a priori corrélationnel), l’éthique matérielle phénoménologique des valeurs de Sche­ler est guidée par l’esprit d’un « objectivisme et absolutisme éthique rigoureux ». (shrink)

On the one hand, Scheler's critique of Kant's concept of a priori benefits from Husserl to a large extent, and it complements and deepens Husserl's. On the other hand, Scheler also critiques Husserl's definition of a priori. Husserl's material a priori as ideal object primarily thanks to his so-called "Bolzano- turn". In this connection, Scheler grabs hold of the relation of Husserl to Bolzano from the very beginning. For Scheler, Husserl thinks in a "platonic" way, and still falls in a (...) new type of "Platonism", or rather, logical Platonism, although he correctly refuses the ordinary Platonism. In Scheler's view, Husserl's phenomenological reduction is "not purely" executed, and therefore his phenomenological experience is problematic, or more precisely, the relation between categorial intuition and sensuous intuition is problematic. The final aim of Scheler's critique of Husserl's phenomenological understanding of "objective a priori" is to win the primary position of categorial intuition and its content , ethical insight and its correlate , and ultimately of phenomenological ethics of material value.Einerseits nimmt Schelers Kritik an Kant bezüglich des Begriffs des Apriori die Einsichten Husserls in großem Umfang auf. Schelers Kritik an Kant ergänzt und vertieft die Husserlsche Kant-Kritik. Andererseits kritisiert er aber auch Husserls Bestimmung des Apriori. Vor allem verdankt sich das materiale Apriori als idealer Gegenstand bei Husserl der sogenannten “Bolzano’schen Wendung”. Von Anfang an kritisiert Scheler Husserl in diesem Punkt, indem er dem Verhältnis zwischen Bolzano und Husserl immer präziser nachging. Für Scheler unterliegt Husserl mit Recht keinem platten Platonismus. Aber dennoch verfahre Husserl immerhin “platonistisch”, er unterliege einem “Neoplatonismus”, bzw. einem logischen Platonismus. Weil die phänomenologische Reduktion bei Husserl nach Schelers Meinung “nicht reinlich” durchgeführt wird, ist die phänomenologische Erfahrung bei Husserl problematisch, genauer gesagt ist das Verhältnis zwischen der kategorialen Anschauung und der sinnlichen Anschauung problematisch. Der Endzweck von Schelers Kritik an der phänomenologischen Auffassung des gegenständlichen Apriori bei Husserl besteht darin, die primäre Stelle der kategorialen Anschauung und ihrer Gehalte , sowie der sittlichen Einsicht und ihrer Korrelate und zuletzt der phänomenologisch materialen Wertethik zu gewinnen.S jedne strane, Schelerova kritika Kantova pojma a priori u velikoj mjeri duguje Husserlu, te dopunjuje i produbljuje Husserlovu. S druge strane, Scheler kritizira i Husserlovu definiciju apriorija. Husserlov materijalni a priori kao idealni predmet prvenstveno proizlazi iz njegova takozvanog bolzanovskog obrata. Prema Scheleru, Husserl razmišlja na "platonski" način te upada u novi tip "platonizma" ili, točnije, logičkog platonizma, iako s pravom odbacuje obični platonizam. Scheler smatra da Husserlova fenomenološka redukcija nije izvedena "čisto" te da je stoga njegovo fenomenološko iskustvo proble- matično ili, točnije, problematičan je odnos između kategorijalnog zora i osjetilnog zora. Krajnji cilj Schelerove kritike Husserlova fenomenološkog shvaćanja "objektivnog a priori" jest zadobivanje primarne pozicije kategorijalnog zora i njegova sadržaja , etičkog uvida i njegova korelata te, na koncu, fenomenološke etike materijalne vrijednosti. (shrink)

This paper proposes a new explanation for the paradoxes related to anthropic reasoning. Solutions to the Sleeping Beauty Problem and the Doomsday argument are discussed in detail. The main argument can be summarized as follows: -/- Our thoughts, reasonings and narratives inherently comes from a certain perspective. With each perspective there is a center, or using the term broadly, a self. The natural first-person perspective is most primitive. However we can also think and express from others’ perspectives with a theory (...) of mind. A perspective’s center could be unrelated to the topic of discussion so its de se thoughts need not to be considered, e.g. the perspective of an outside observer. Let’s call these the third-person perspective. First-person reasoning allows primitive self identification as I am inherently unique as the center of the perspective. Whereas from third-person perspective I am not fundamentally special comparing to others so a reference class of observers including me can be defined. It is my contention that reasonings from different perspectives should not mix. Otherwise it could lead to paradoxes even independent of anthropic reasoning. The paradoxes surrounding anthropic reasoning are caused by the aforementioned perspective mix. Regarding the sleeping beauty problem the correct answer should be double halving. Lewisian halving and thirding uses unique reasonings from both first and third-person perspectives. Indexical probabilities such as “the probability that this is the first awakening” or “the probability of me being one of the first 100 billion human beings” also mixes first- and third-person reasonings. Therefore invalid. Readers against perspectivism may disagree with point 1 and suggest we could reason in objective terms without the limit of perspectives. My argument is compatible with this belief. Objective reasoning would be analytically identical to the third-person perspective. My argument would become that objective reasoning and perspective reasonings should not mix. In the following I would continue to use “third-person perspective” but readers can switch that to “objective reasoning” if they wish so. (shrink)

In this paper, the author will explore the relationship between agency and intentionality of the artificial agent in the following seven ways.