Intellectual property law tends to be viewed as the only (or most significant) mechanism for achieving policy goals relating to innovation assets. Yet more creative and effective solutions are often available. When analysed from a transdisciplinary perspective, relying on the cooperative efforts of researchers from fields other than law, innovation governance is characterized not simply as the product of legal rules, but as a function of the interaction of legal rules, practices and institutions. When policy-makers seek to identify conditions under (...) which the creation, use and exchange of innovation assets flourishes, care should be taken to focus on this combination of factors. This article describes the development of an ontology—a computerized method of representing knowledge as concepts and relations between concepts—to convey such understanding. Policy makers (and researchers) are provided with an organized, accessible representation of innovation governance that enriches their understanding and improves their decision-making. (shrink)

Summary: A review of the cognitivist/extended cognition and extended mind landscape.

That about sums up what is wrong with Clark's view.

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

Philosophical interest in situated cognition has been focused most intensely on the claim that human cognitive processes extend from the brain into the tools humans use. As we see it, this radical hypothesis is sustained by two kinds of mistakes, the confusion of coupling relations with constitutive relations and an inattention to the mark of the cognitive. Here we wish to draw attention to these mistakes and show just how pervasive they are. That is, for all that the radical philosophers (...) have said, the mind is still in the head. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Embodied cognition is sweeping the planet. On a non-embodied approach, the sensory system informs the cognitive system and the motor system does the cognitive system’s bidding. There are causal relations between the systems but the sensory and motor systems are not constitutive of cognition. For embodied views, the relation to the sensori-motor system to cognition is constitutive, not just causal. This paper examines some recent empirical evidence used to support the view that cognition is embodied and raises questions about some (...) of the claims being made by supporters. (shrink)

In a recent very interesting and important challenge to tracking theories of knowledge, Williams & Sinhababu claim to have devised a counter-example to tracking theories of knowledge of a sort that escapes the defense of those theories by Adams & Clarke. In this paper we will explain why this is not true. Tracking theories are not undermined by the example of the backward clock, as interesting as the case is.

The extended mind hypothesis (EMH) is the claim that the mind can and does extend beyond the human body. Adams and Aizawa (A&A) contend that arguments for EMH commit a ‘coupling constitution fallacy’. We deny that the master argument for EMH commits such a fallacy. But we think that there is an important question lurking behind A&A's allegation: under what conditions is cognition spread across a tightly coupled system? Building on some suggestions from Haugeland, we contend that the system (...) must exhibit a distinctive sort of semantic activity, semantic activity that the system as a whole takes responsibility for. (shrink)

In a recent paper, Tristan Haze offers two examples that, he claims, are counterexamples to Nozick's Theory of Knowledge. Haze claims his examples work against Nozick's theory understood as relativized to belief forming methods M. We believe that they fail to be counterexamples to Nozick's theory. Since he aims the examples at tracking theories generally, we will also explain why they are not counterexamples to Dretske's Conclusive Reasons Theory of Knowledge.

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...) consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws. (shrink)

In this article, we will describe higher order thought theories of consciousness. Then we will describe some examples from synesthesia. Finally, we will explain why the latter may be relevant to the former.

Many critics, Descartes himself included, have seen Hobbes as uncharitable or even incoherent in his Objections to the Meditations on First Philosophy. I argue that when understood within the wider context of his views of the late 1630s and early 1640s, Hobbes's Objections are coherent and reflect his goal of providing an epistemology consistent with a mechanical philosophy. I demonstrate the importance of this epistemology for understanding his Fourth Objection concerning the nature of the wax and contend that Hobbes's brief (...) claims in that Objection are best understood as a summary of the mechanism for scientific knowledge found in his broader work. Far from displaying his confusion, Hobbes's Fourth Objection in fact pinpoints a key weakness of Descartes's faculty psychology: its unintelligibility within a mechanical philosophy. (shrink)

Several recent commentators argue that Thomas Hobbes’s account of the nature of science is conventionalist. Engaging in scientific practice on a conventionalist account is more a matter of making sure one connects one term to another properly rather than checking one’s claims, e.g., by experiment. In this paper, I argue that the conventionalist interpretation of Hobbesian science accords neither with Hobbes’s theoretical account in De corpore and Leviathan nor with Hobbes’s scientific practice in De homine and elsewhere. Closely tied to (...) the conventionalist interpretation is the deductivist interpretation, on which it is claimed that Hobbes believed sciences such as optics are deduced from geometry. I argue that Hobbesian science places simplest conceptions as the foundation for geometry and the sciences in which we use geometry, which provides strong evidence against both the conventionalist and deductivist interpretations. (shrink)

Philosophical discussion about the reality of sensory perceptions has been hijacked by two tendencies. First, talk about perception has been largely centered on vision. Second, the realism question is traditionally approached by attaching objects or material structures to matching contents of sensory perceptions. These tendencies have resulted in an argumentative impasse between realists and anti-realists, discussing the reliability of means by which the supposed causal information transfer from object to perceiver takes place. Concerning the nature of sensory experiences and their (...) capacity to provide access to reality, this article challenges the standard categories through which most arguments in this debate have been framed to date. Drawing on the underexplored case of olfaction, I first show how the details of the perception process determine the modalities of sensory experiences. I specifically examine the role of measurement and analyze its influence on the characterization of perceptions in olfaction. My aim is to argue for an understanding of perception through a process view, rather than one pertaining to objects and properties of objects. (shrink)

This is a sweeping treatment of navigating the difficulties of engaging a religiously pluralistic culture and offers sage and compassionate advice from one of the leading Christian thinkers today. His special treatment of Buddhism is engaging and should be carefully considered by all. Whether believer, nonbeliever, or none, this book engages all readership with careful research and deserves a wide audience.

I offer an alternative account of the relationship of Hobbesian geometry to natural philosophy by arguing that mixed mathematics provided Hobbes with a model for thinking about it. In mixed mathematics, one may borrow causal principles from one science and use them in another science without there being a deductive relationship between those two sciences. Natural philosophy for Hobbes is mixed because an explanation may combine observations from experience (the ‘that’) with causal principles from geometry (the ‘why’). My argument shows (...) that Hobbesian natural philosophy relies upon suppositions that bodies plausibly behave according to these borrowed causal principles from geometry, acknowledging that bodies in the world may not actually behave this way. First, I consider Hobbes's relation to Aristotelian mixed mathematics and to Isaac Barrow's broadening of mixed mathematics in Mathematical Lectures (1683). I show that for Hobbes maker's knowledge from geometry provides the ‘why’ in mixed-mathematical explanations. Next, I examine two explanations from De corpore Part IV: (1) the explanation of sense in De corpore 25.1-2; and (2) the explanation of the swelling of parts of the body when they become warm in De corpore 27.3. In both explanations, I show Hobbes borrowing and citing geometrical principles and mixing these principles with appeals to experience. (shrink)

Do sensory measurements deserve the label of “measurement”? We argue that they do. They fit with an epistemological view of measurement held in current philosophy of science, and they face the same kinds of epistemological challenges as physical measurements do: the problem of coordination and the problem of standardization. These problems are addressed through the process of “epistemic iteration,” for all measurements. We also argue for distinguishing the problem of standardization from the problem of coordination. To exemplify our claims, we (...) draw on olfactory performance tests, especially studies linking olfactory decline to neurodegenerative disorders. (shrink)

Many of Margaret Cavendish’s criticisms of Thomas Hobbes in the Philosophical Letters (1664) relate to the disorder and damage that she holds would result if Hobbesian pressure were the cause of visual perception. In this paper, I argue that her “two men” thought experiment in Letter IV is aimed at a different goal: to show the explanatory potency of her account. First, I connect Cavendish’s view of visual perception as “patterning” to the “two men” thought experiment in Letter IV. Second, (...) I provide a potential reply on Hobbes’s behalf that appeals to physiological differences between perceivers’ sense organs, drawing upon Hobbes’s optics in De homine. Third, I argue that such a reply would misunderstand Cavendish’s objective of showing the limited explanatory resources available in understanding visual perception as pressing when compared to her view of visual perception as patterning. (shrink)

Is the sense of smell a source of aesthetic perception? Traditional philosophical aesthetics has centered on vision and audition but eliminated smell for its subjective and inherently affective character. This article dismantles the myth that olfaction is an unsophisticated sense. It makes a case for olfactory aesthetics by integrating recent insights in neuroscience with traditional expertise about flavor and fragrance assessment in perfumery and wine tasting. My analysis concerns the importance of observational refinement in aesthetic experience. I argue that the (...) active engagement with stimulus features in perceptual processing shapes the phenomenological content, so much so that the perceptual structure of trained smelling varies significantly from naive smelling. In a second step, I interpret the processes that determine such perceptual refinement in the context of neural decision-making processes, and I end with a positive outlook on how research in neuroscience can be used to benefit philosophical aesthetics. (shrink)

In this essay, we draw on John Haugeland’s work in order to argue that Burge is wrong to think that exercises of perceptual constancy mechanisms suffice for perceptual representation. Although Haugeland did not live to read or respond to Burge’s Origins of Objectivity, we think that his work contains resources that can be developed into a critique of the very foundation of Burge’s approach. Specifically, we identify two related problems for Burge. First, if (what Burge calls) mere sensory responses are (...) not representational, then neither are exercises of constancy mechanisms, since the differences between them do not suffice to imply that one is representational and the other is not. Second, taken by themselves, exercises of constancy mechanisms are only derivatively representational, so merely understanding how they work is not sufficient for understanding what is required for something, in itself, to be representational (and thereby provide a full solution to the problem of perceptual representation). (shrink)

How much does stimulus input shape perception? The common-sense view is that our perceptions are representations of objects and their features and that the stimulus structures the perceptual object. The problem for this view concerns perceptual biases as responsible for distortions and the subjectivity of perceptual experience. These biases are increasingly studied as constitutive factors of brain processes in recent neuroscience. In neural network models the brain is said to cope with the plethora of sensory information by predicting stimulus regularities (...) on the basis of previous experiences. Drawing on this development, this chapter analyses perceptions as processes. Looking at olfaction as a model system, it argues for the need to abandon a stimulus-centred perspective, where smells are thought of as stable percepts, computationally linked to external objects such as odorous molecules. Perception here is presented as a measure of changing signal ratios in an environment informed by expectancy effects from top-down processes. (shrink)

Short piece for The Philosophers' Magazine on why philosophers should pay attention to olfaction.

In his 1923 play R.U.R.: Rossum s Universal Robots, Karel Capek coined In 1993, we began a humanoid robotics project aimed at constructing a robot for use in exploring theories of human intelligence. In this article, we describe three aspects of our research methodology that distinguish our work from other humanoid projects. First, our humanoid robots are designed to act autonomously and safely in natural workspaces with people. Second, our robots are designed to interact socially with people by exploiting natural (...) human social cues. Third, we believe that robotics offers a unique tool for testing models of human intelligence drawn from developmental psychology and cognitive science. (shrink)

Here I defend two counterexamples to Nozick’s truth-tracking theory of knowledge from an attack on them by Adams and Clarke. With respect to the first counterexample, Adams and Clarke make the error of judging that my belief counts as knowledge. More demonstrably, with respect to the second counterexample they make the error of thinking that, on Nozick’s method-relativized theory, the method M in question in any given case must be generally reliable.

A collaborative article by the Editorial Collective of Social Imaginaries. Investigations into social imaginaries have burgeoned in recent years. From ‘the capitalist imaginary’ to the ‘democratic imaginary’, from the ‘ecological imaginary’ to ‘the global imaginary’ – and beyond – the social imaginaries field has expanded across disciplines and beyond the academy. The recent debates on social imaginaries and potential new imaginaries reveal a recognisable field and paradigm-in-the-making. We argue that Castoriadis, Ricoeur, and Taylor have articulated the most important theoretical frameworks (...) for understanding social imaginaries, although the field as a whole remains heterogeneous. We further argue that the notion of social imaginaries draws on the modern understanding of the imagination as authentically creative. We contend that an elaboration of social imaginaries involves a significant, qualitative shift in the understanding of societies as collectively and politically-instituted formations that are irreducible to inter-subjectivity or systemic logics. After marking out the contours of the field and recounting a philosophical history of the imagination, the essay turns to debates on social imaginaries in more concrete contexts, specifically political-economic imaginaries, the ecological imaginary, multiple modernities and their inter-civilisational encounters. The social imaginaries field imparts powerful messages for the human sciences and wider publics. In particular, social imaginaries hold significant implications for ontological, phenomenological and philosophical anthropological questions; for the cultural, social, and political horizons of contemporary worlds; and for ecological and economic phenomena. The essay concludes with the argument that social imaginaries as a paradigm-in-the-making offers valuable means by which movements towards social change can be elucidated as well providing an open horizon for the critiques of existing social practices. (shrink)

Ethical decision-making frameworks assist in identifying the issues at stake in a particular setting and thinking through, in a methodical manner, the ethical issues that require consideration as well as the values that need to be considered and promoted. Decisions made about the use, sharing, and re-use of big data are complex and laden with values. This paper sets out an Ethics Framework for Big Data in Health and Research developed by a working group convened by the Science, Health and (...) Policy-relevant Ethics in Singapore Initiative. It presents the aim and rationale for this framework supported by the underlying ethical concerns that relate to all health and research contexts. It also describes a set of substantive and procedural values that can be weighed up in addressing these concerns, and a step-by-step process for identifying, considering, and resolving the ethical issues arising from big data uses in health and research. This Framework is subsequently applied in the papers published in this Special Issue. These papers each address one of six domains where big data is currently employed: openness in big data and data repositories, precision medicine and big data, real-world data to generate evidence about healthcare interventions, AI-assisted decision-making in healthcare, public-private partnerships in healthcare and research, and cross-sectoral big data. (shrink)

Societies need markets, so just as trustworthy professionals are needed in fields such as healthcare, law and education, modern societies need trustworthy market managers, including corporate officers and directors. But in its screening of candidates, U.S. corporate business has lagged behind fields such as medicine and law, which in the nineteenth century addressed their need for screening by upgrading professional education and establishing licensing of individual practitioners. Corporate business, by contrast, has been too tolerant of problematic executives, particularly executives of (...) a type shown by recent research in psychology to exhibit a set of personality traits including below average concern about bad effects of their actions on other people. Over-representation of this problematic type has cost corporate business the trust and respect it could earn by resting fully on a time-honored alternative foundation already espoused by many trustworthy teachers and practitioners of business. Society needs these trustworthy people of business to work together to establish screening of candidates for high level corporate positions by upgrading MBA education and establishing licensing for these positions. For reasons again based on current findings in psychology, screening candidates for the MBA could be significantly strengthened by requiring historical studies, particularly history of the corporate legal structure in the U.S. and history of the MBA itself. Upgrading the MBA and establishing correlated licensing could open the way toward corrections in the legal form of the corporation to bring it into line with hospitals, law courts and universities as places where responsible professionals pursue their callings on behalf of society. (shrink)

A recent and growing discussion in philosophy addresses the construction of models and their use in scientific reasoning by comparison with fiction. This comparison helps to explore the problem of mediated observation and, hence, the lack of an unambiguous reference of representations. Examining the usefulness of the concept of fiction for a comparison with non-denoting elements in science, the aim of this paper is to present reasonable grounds for drawing a distinction between these two kinds of representation. In particular, my (...) account will suggest a demarcation between fictional and non-fictional discourse as involving two different ways of interpreting representations. This demarcation, leading me to distinguish between fictional and non-fictional forms of enquiry, will provide a useful tool to explore to what extent the descriptions given by a model can be justified as making claims about the world and to what degree they are a consequence of the model’s particular construction. (shrink)

According to F. Adams [this journal, vol. 68, 2018] cognition cannot be realized in plants or bacteria. In his view, plants and bacteria respond to the here-and-now in a hardwired, inflexible manner, and are therefore incapable of cognitive activity. This article takes issue with the pursuit of plant cognition from the perspective of an empirically informed philosophy of plant neurobiology. As we argue, empirical evidence shows, contra Adams, that plant behavior is in many ways analogous to animal behavior. (...) This renders plants suitable to be described as cognitive agents in a non-metaphorical way. Sections two to four review the arguments offered by Adams in light of scientific evidence on plant adaptive behavior, decision-making, anticipation, as well as learning and memory. Section five introduces the ‘phyto-nervous’ system of plants. To conclude, section six resituates the quest for plant cognition into a broader approach in cognitive science, as represented by enactive and ecological schools of thought. Overall, we aim to motivate the idea that plants may be considered genuine cognitive agents. Our hope is to help propel public awareness and discussion of plant intelligence once appropriately stripped of anthropocentric preconceptions of the sort that Adams' position appears to exemplify. (shrink)

Johnston famously argued that the colors are, more or less inclusively speaking, dispositions to cause color experiences by arguing that this view best accommodates his five proposed core beliefs about color. Since then, Campbell, Kalderon, Gert, Benbaji, and others, have all engaged with at least some of Johnston’s proposed core beliefs in one way or another. Which propositions are core beliefs is ultimately an empirical matter. We investigate whether Johnston’s proposed core beliefs are, in fact, believed by assessing the agreement/disagreement (...) of non-philosophers with them. Two experiments are run each with large sample sizes, the second designed to address criticisms of the first. We find that non-philosophers mostly agree with the proposed core beliefs, but that they agree with some more than others. (shrink)

Adams and Aizawa (2010b) define cognitivism as the processing of representations with underived content. In this paper, I respond to their use of this stipulative definition of cognition. I look at the plausibility of Adams and Aizawa’s cognitivism, taking into account that they have no criteria for cognitive representation and no naturalistic theory of content determination. This is a glaring hole in their cognitivism—which requires both a theory of representation and underived content to be successful. I also explain (...) why my own position, cognitive integration, is not susceptible to the supposed causal-coupling fallacy. Finally, I look at the more interesting question of whether the distinction between derived and underived content is important for cognition. Given Adams and Aizawa’s concession that there is no difference in content between derived and underived representations (only a difference in how they get their content) I conclude that the distinction is not important and show that there is empirical research which does not respect the distinction. (shrink)

Color relationalism holds that the colors are constituted by relations to subjects. The introspective rejoinder against this view claims that it is opposed to our phenomenally-informed, pre-theoretic intuitions. The rejoinder seems to be correct about how colors appear when looking at how participants respond to an item about the metaphysical nature of color but not when looking at an item about the ascription of colors. The present article expands the properties investigated to sound and taste and inspects the mentioned asymmetry, (...) with a particular focus on the principle of charity. Using a metaphysical item, we find that color and sound are no different from shape, our control for a clearly anti-relational property. Taste, on the other hand, is no different from likability, our control for a clearly relational property. Importantly, we find that the disparity between metaphysical and ascription items is due to participants using a principle of charity to interpret disagreement cases such that both parties can be correct. (shrink)

Nothing was more important for W. E. B. Du Bois than to promote the upward mobility of African Americans. This essay revisits his “The Conversation of Races” to demonstrate its general philosophical importance. Ultimately, Du Bois’s three motivations for giving the address reveal his view of the nature of philosophical inquiry: to critique earlier phenotypic conceptions of race, to show the essentiality of history, and to promote a reflexive practice. Commentators have been unduly invested in the hermeneutic readings and as (...) a result have misunderstood it as a philosophical text. Du Bois did more than introduce the concept of race into the purview of philosophy, he provided a method for philosophical inquiry into a concept that is notoriously difficult to approach with precision. My goal here is to show why no introduction to philosophy and no discussion about the nature of philosophical inquiry is complete without consideration of “Conservation.” Certainly, it is a text about race, but it is also an important philosophical text in general. (shrink)

Trigger warnings captured national attention in 2014 when students from several U.S. universities called for inclusion of the warnings on course syllabi and in classrooms. Opinions spread through news outlets across the spectrum, and those weighing in were quick to pronounce trigger warnings as either unnecessary coddling and an affront to free speech, or as a responsible pedagogical practice that treats students with respect and minimizes harm. Put simply, the debate about trigger warnings has followed the trajectory of many debates (...) in the public sphere: The issue has largely been framed by highly committed opponents and proponents whose positions represent the extremes of the spectrum. Lost has been the nuance that an issue like trigger warnings necessarily requires. This article examines trigger warnings—particularly the call for trigger warnings on university campuses—from a pluralistic ethical perspective and addresses the question: When, if ever, are trigger warnings ethically appropriate? (shrink)

I critically examine Adams and Garrison’s proposed necessary condition for the mark of the cognitive (Adams and Garrison in Minds Mach 23(3):339–352, 2013). After a brief presentation of their position, I argue not only that their proposal is in need of additional support, but also that it is too restrictive.

In response to Fred Adams and Charlotte Shreve’s (2016) paper entitled “What Can Synesthesia Teach Us about Higher Order Theories of Consciousness?”, previously published in Symposion, I argue that H.O.T. theory does have the resources to account for synesthesia and the specific worries that they advance in their paper, such as the relationship between concepts and experience and the ability to handle instances of ‘pop-out’ experiences.

A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...) his impending death or the reasons for it. I argue that the law of CFE should be abandoned, along with the notion that it is permissible to kill the deeply disturbed just so long as they meet some narrow test of readiness to die. By adopting CFE, the courts have been forced to give independent conceptual and moral significance to a standard for competence that simply cannot bear the weight placed upon it. To be executable, CFE requires that a condemned prisoner meet a standard demonstrating an awareness of certain facts about his death. Yet this standard both leads to confusing and counter-intuitive results and is unsupported either by the reasons advanced by the courts on its behalf or by any of the standard theoretical justifications of criminal punishment. If executing the profoundly psychotic or delusional is wrong the law needs a better account of the wrong done when prisoners like Ford are killed. I suggest wherein that wrong might be located. (shrink)

The ways in which the Aristotelian sciences are related to each other has been discussed in the literature, with some focus on the subalternate sciences. While it is acknowledged that Aristotle, and Plato as well, was concerned as well with how the arts were related to one another, less attention has been paid to Aristotle's views on relationships among the arts. In this paper, I argue that Aristotle's account of the subalternate sciences helps shed light on how Aristotle saw the (...) art of rhetoric relating to dialectic and politics. Initial motivation for comparing rhetoric with the subalternate sciences is Aristotle's use of the language of boundary transgression, germane to the Posterior Analytics, when discussing rhetoric’s boundaries, as well as the language of "over" and "under" found in APo. First, I discuss three passages in Rhetoric Book I and argue that Garver's (1988) account cannot be correct. Second, I look to the subalternate sciences, especially focusing on optics and the distinction between "unqualified" optics and mathematical optics. Third, I discuss rhetoric's dependence on both dialectic and politics. (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same role as (...) the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied (...) the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)