Probabilistic support is not transitive. There are cases in which x probabilistically supports y , i.e., Pr( y | x ) > Pr( y ), y , in turn, probabilistically supports z , and yet it is not the case that x probabilistically supports z . Tomoji Shogenji, though, establishes a condition for transitivity in probabilistic support, that is, a condition such that, for any x , y , and z , if Pr( y | x ) > Pr( y (...) ), Pr( z | y ) > Pr( z ), and the condition in question is satisfied, then Pr( z | x ) > Pr( z ). I argue for a second and weaker condition for transitivity in probabilistic support. This condition, or the principle involving it, makes it easier (than does the condition Shogenji provides) to establish claims of probabilistic support, and has the potential to play an important role in at least some areas of philosophy. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. (...) By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the political agenda, but at a particular place. This paper compares and contrasts the two approaches. (shrink)

The late Jerry Cohen struggled to reconcile his egalitarian political principles with his personal style of life. His efforts were inconclusive, but instructive. This comment locates the core of Cohen’s discomfort in an abstract principle that connects what we morally ought to be compelled to do and what we have a duty to do anyway. The connection the principle states is more general and much tighter than Cohen and others, e.g. Thomas Nagel, have seen. Our principles of justice always put (...) our personal integrity to the test, unless those principles are designed not to. But to craft principles with an view to avoiding that test is, as Cohen argued, itself to undermine both justice and our integrity. (shrink)

Andrew Cling presents a new version of the epistemic regress problem, and argues that intuitionist foundationalism, social contextualism, holistic coherentism, and infinitism fail to solve it. Cling’s discussion is quite instructive, and deserving of careful consideration. But, I argue, Cling’s discussion is not in all respects decisive. I argue that Cling’s dilemma argument against holistic coherentism fails.

Coherentists on epistemic justification claim that all justification is inferential, and that beliefs, when justified, get their justification together (not in isolation) as members of a coherent belief system. Some recent work in formal epistemology shows that “individual credibility” is needed for “witness agreement” to increase the probability of truth and generate a high probability of truth. It can seem that, from this result in formal epistemology, it follows that coherentist justification is not truth-conducive, that it is not the case (...) that, under the requisite conditions, coherentist justification increases the probability of truth and generates a high probability of truth. I argue that this does not follow. (shrink)

It is standard practice, when distinguishing between the foundationalist and the coherentist, to construe the coherentist as an internalist. The coherentist, the construal goes, says that justification is solely a matter of coherence, and that coherence, in turn, is solely a matter of internal relations between beliefs. The coherentist, so construed, is an internalist (in the sense I have in mind) in that the coherentist, so construed, says that whether a belief is justified hinges solely on what the subject is (...) like mentally. I argue that this practice is fundamentally misguided, by arguing that the foundationalism / coherentism debate and the internalism / externalism debate are about two very different things, so that there is nothing, qua coherentist, precluding the coherentist from siding with the externalist. I then argue that this spells trouble for two of the three most pressing and widely known objections to coherentism: the Alternative-Systems Objection and the Isolation Objection. (shrink)

Responds to the article by Brad Brown and Susan Perry in the August 1995 issue of `Business & Society' periodical on the measure of corporate social responsibility (CSP).

Bernard Williams famously argued that eternal life is undesirable for a human because it would inevitably grow intolerably boring. I will argue against Williams and those who share his view. To make my case, I will provide an account of what staves off boredom in our current, earthly-mortal lives, and then I will draw on this account while advancing reasons for thinking that eternal life is desirable, given certain conditions. Though my response to Williams will partly overlap with some prior (...) responses to Williams, especially the one offered by J. M. Fischer, my response will also be distinctive in some important ways. For instance, it will be distinctive in that it will discuss the role that one’s part-whole-reality conception plays in fending off boredom, where by “one’s part-whole-reality conception” I mean “one’s conception of his or her place in the whole of reality.”. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

ABSTRACT: In this essay I provide one methodology that yields the level of analysis of an alleged knowledge-claim under investigation via its relations to varying gradations of scepticism. Each proposed knowledge-claim possesses a specified relationship with: (i) a globally sceptical argument; (ii) the least sceptical but successful argument that casts it into doubt; and (iii) the most sceptical yet unsuccessful argument, which is conceivably hypothesized to repudiate it but fails to do so. Yielding this specified set of relations, by means (...) of proceeding from global scepticism to (ii) and (iii), increases the chances of identifying the highest evaluative relevancy of the levels of analysis and observation of an alleged knowledge-claim. I argue that the failure to analyse and derive a difference between (i) and (ii) with respect to an alleged knowledge-claim signifies that the claim is grounded within the theoretical framework itself, that the claim lacks specification with regard to content that is analysable via that framework, and the claim is dubious insofar as alternative theoretic frameworks may present greater relevancy to levels of observation. KEYWORDS: knowledge, scepticism, perception, level of observation, magnification level, methodological scepticism. (shrink)

Naturalism is often considered to be antithetical to theology and genuine religion. However, in a series of recent books and articles, Willem Drees has proposed a scientifically informed naturalistic account of religion, which, he contends, is not only compatible with supernaturalistic religion and theology but provides a better account of both than either purely naturalistic or purely supernaturalistic accounts. While rejecting both epistemological and methodological naturalism, Drees maintains that ontological naturalism offers the best philosophical account of the natural world and (...) that, in addition, it provides the opening for a supernaturalistic understanding of religion and theology, one that best fits the condition of epistemic and moral distance from the transcendent characteristic of religious wonderers and wanderers. In this paper I examine Drees's claim and argue that it is seriously flawed. I show that Drees's naturalism is, in fact, both methodologically and epistemologically naturalistic. I also show that his attempts to limit naturalism to the sphere of the natural world by means of the phenomena of limit questions and underdetermination fail. Arguing for a more optimistic, but also, I contend, more empirically accurate account of human epistemic and moral capacities, I propose a full‐fledged scientifically based naturalistic account of theology. (shrink)

Experimenters claim some nonhuman mammals have metacognition. If correct, the results indicate some animal minds are more complex than ordinarily presumed. However, some philosophers argue for a deflationary reading of metacognition experiments, suggesting that the results can be explained in first-order terms. We agree with the deflationary interpretation of the data but we argue that the metacognition research forces the need to recognize a heretofore underappreciated feature in the theory of animal minds, which we call Unity. The disparate mental states (...) of an animal must be unified if deflationary accounts of metacognition are to hold and untoward implications avoided. Furthermore, once Unity is acknowledged, the deflationary interpretation of the experiments reveals an elevated moral standing for the nonhumans in question. (shrink)

We present a theoretical view of the cellular foundations for network-level processes involved in producing our conscious experience. Inputs to apical synapses in layer 1 of a large subset of neocortical cells are summed at an integration zone near the top of their apical trunk. These inputs come from diverse sources and provide a context within which the transmission of information abstracted from sensory input to their basal and perisomatic synapses can be amplified when relevant. We argue that apical amplification (...) enables conscious perceptual experience and makes it more flexible, and thus more adaptive, by being sensitive to context. Apical amplification provides a possible mechanism for recurrent processing theory that avoids strong loops. It makes the broadcasting hypothesized by global neuronal workspace theories feasible while preserving the distinct contributions of the individual cells receiving the broadcast. It also provides mechanisms that contribute to the holistic aspects of integrated information theory. As apical amplification is highly dependent on cholinergic, aminergic, and other neuromodulators, it relates the specific contents of conscious experience to global mental states and to fluctuations in arousal when awake. We conclude that apical dendrites provide a cellular mechanism for the context-sensitive selective amplification that is a cardinal prerequisite of conscious perception. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Information can be public among a group. Whether or not information is public matters, for example, for accounts of interdependent rational choice, of communication, and of joint intention. A standard analysis of public information identifies it with (some variant of) common belief. The latter notion is stipulatively defined as an infinite conjunction: for p to be commonly believed is for it to believed by all members of a group, for all members to believe that all members believe it, and so (...) forth. This analysis is often presupposed without much argument in philosophy. Theoretical entrenchment or intuitions about cases might give some traction on the question, but give little insight about why the identification holds, if it does. The strategy of this paper is to characterize a practical-normative role for information being public, and show that the only things that play that role are (variants of) common belief as stipulatively characterized. In more detail: a functional role for “taking a proposition for granted” in non-isolated decision making is characterized. I then present some minimal conditions under which such an attitude is correctly held. The key assumption links this attitude to beliefs about what is public. From minimal a priori principles, we can argue that a proposition being public among a group entails common commitment to believe among that group. Later sections explore partial converses to this result, the factivity of publicity and publicity from the perspective of outsiders to the group, and objections to the aprioricity of the result deriving from a posteriori existential presuppositions. (shrink)

In the Critique of Judgment, Kant claims that genius is a talent for art, but not for science. Despite his restriction of genius to the domain of fine art, several recent interpreters have suggested that genius has a role to play in Kant’s account of cognition in general and scientific practice in particular. In this paper, I explore Kant’s reasons for excluding genius from science as well as the reasons that one might nevertheless be tempted to think that his account (...) allows room for the scientific genius. I then argue that Kant’s concerns are not only epistemic, but also moral, and together, they give us good reason for resisting the veneration of genius. (shrink)

We develop and apply a multi-dimensional conception of explanatory depth towards a comparative analysis of inflationary and bouncing paradigms in primordial cosmology. Our analysis builds on earlier work due to Azhar and Loeb (2021) that establishes initial condition fine-tuning as a dimension of explanatory depth relevant to debates in contemporary cosmology. We propose dynamical fine-tuning and autonomy as two further dimensions of depth in the context of problems with instability and trans-Planckian modes that afflict bouncing and inflationary approaches respectively. In (...) the context of the latter issue, we argue that the recently formulated trans-Planckian censorship conjecture leads to a trade-off for inflationary models between dynamical fine-tuning and autonomy. We conclude with the suggestion that explanatory preference with regard to the different dimensions of depth is best understood in terms of differing attitudes towards heuristics for future model building. (shrink)

Are interpersonal comparisons of desire possible? Can we give an account of how facts about desires are grounded, that underpins such comparisons? This paper supposes the answer to the first question is yes, and provides an account of the nature of desire that explains how this is so. The account is a modification of the interpretationist metaphysics of representation that the author has recently been developing. The modification is to allow phenomenological affective valence into the “base facts” on which correct (...) interpretation is grounded. To use this extra resource within that theory to vindicate interpersonal comparisons, we will need to appeal rational connections between level of valence and level of desire, which this paper sets out and examines. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

I will discuss a variety of cases such that the subject's believing truly is somewhat of an accident, but less so than in a Gettier case. In each case, this is because her reasons are not ultimately undefeated full stop, but they are ultimately undefeated with certain qualifications. For example, the subject's reasons might be ultimately defeated considered in themselves but ultimately undefeated considered as a proper part of an inference to the best explanation that is undefeated without qualification. In (...) each section of the paper, I consider different qualifications and show how in each case we get an epistemic standing I call “coach-class knowledge”. First-class knowledge requires justifying reasons that are undefeated without qualification. Coach-class knowledge only requires qualified lack of defeat. I will use this distinction to bring debates over knowledge from falsehood and fake barns to an ecumenical resolution. In both cases, the subject enjoys coach-class rather than first-class knowledge. I will also show that the defeasible reasoning tradition can better account for graded accidental truth than safety theories. (shrink)

The persistent interpretation problem for quantum mechanics may indicate an unwillingness to consider unpalatable assumptions that could open the way toward progress. With this in mind, I focus on the work of David Bohm, whose earlier work has been more influential than that of his later. As I’ll discuss, I believe two assumptions play a strong role in explaining the disparity: 1) that theories in physics must be grounded in mathematical structure and 2) that consciousness must supervene on material processes. (...) I’ll argue that the first assumption appears to lead us toward Everett’s many worlds interpretation, which suggests a red flag. I’ll also argue that the second assumption is suspect due to the persistent explanatory gap for consciousness. Later, I explore ways that Bohm’s later work holds some promise in providing a better fit with our world, both phenomenologically and empirically. Also, I’ll address the possible problem of realism. (shrink)

In this paper, I will present a problem for reductive accounts of knowledge-undermining epistemic luck. By “reductive” I mean accounts that try to analyze epistemic luck in non-epistemic terms. I will begin by briefly considering Jennifer Lackey's (2006) criticism of Duncan Pritchard's (2005) safety-based account of epistemic luck. I will further develop her objection to Pritchard by drawing on the defeasible-reasoning tradition. I will then show that her objection to safety-based accounts is an instance of a more general problem with (...) reductive accounts of epistemic luck. In short, they face a dilemma: they can either fail to vindicate the intuitive verdicts about cases or they can illicitly appeal to the epistemic vocabulary they are trying to reduce. The upshot is that we can only understand epistemic luck in terms of the assessment of the subject's reasons and we can't give a reductive account of that. (shrink)

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

Reasons rationalize beliefs. Reasons, when all goes well, turn true beliefs into knowledge. I am interested in the relationship between these aspects of reasons. Without a proper understanding of their relationship, the theory of knowledge will be less illuminating than it ought to be. I hope to show that previous accounts have failed to account for this relationship. This has resulted in a tendency to focus on justification rather than knowledge. It has also resulted in many becoming skeptical about the (...) prospects for an analysis of knowledge. The skepticism is misplaced and the tendency can be fixed without sacrificing any insights. The solution is to see how good reasons (in a sense to be articulated) are apparent (in a sense to be articulated) to the knowing subject. Once this claim is unpacked, we see that it is an illuminating analysis of knowledge in terms of distinct but intimately related aspects of epistemic assessment. It helps us see the value of knowledge (over and above true belief) and it affords us a unified, “reasons-first” metaepistemology. The resulting picture is neither a familiar kind of internalism or externalism. (shrink)

Drawing on a passage from Ramsey's Truth and Probability, we formulate a simple, plausible constraint on evaluating the accuracy of credences: the Calibration Test. We show that any additive, continuous accuracy measure that passes the Calibration Test will be strictly proper. Strictly proper accuracy measures are known to support the touchstone results of accuracy-first epistemology, for example vindications of probabilism and conditionalization. We show that our use of Calibration is an improvement on previous such appeals by showing how it answers (...) or sidesteps problems that have been raised for previous work in this area. (shrink)

We discuss the view that a hole is identical to the region of spacetime at which it is located. This view is more parsimonious than the view that holes are sui generis entities located at those regions surrounded by their hosts and it is more plausible than the view that there are no holes. We defend the spacetime view from several objections.

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

The long history of research and debate surrounding expertise has emphasized the importance of both automaticity and intelligent deliberation in the control of skilled, expert action – and often, their mutual exclusion of one another. To the contrary, recent developments in the cognitive science of skill implicate the likelihood of a third, hybrid line of interpretation and a new path forward. This paper surveys these recent developments, arguing that hybrid models of expertise and skill are the most fruitful way forward (...) in interpreting and conducting research on experts. I categorize a new set of interpretations of skill as ‘sophisticated hybrid models’ owing to the fact that they deny the mutual exclusion of automaticity from intelligent action control. I then argue that this interpretive strategy is the most fruitful way forward to making clear much of the complexity of skilled action and expertise. (shrink)

Perhaps a part of what makes expertise so inspiring to the curious researcher is the possibility of appropriating the structural components of skilled action to draw a roadmap towards their achievement that anyone might be able to follow. Accordingly, the purpose of this essay is to shed light upon the role that creativity plays in the production and environment of skilled action to that foregoing end. In doing so, I suggest that the lessons to be learned from recent empirical research (...) on creativity has much to offer to the cognitive science of skill and expertise. Experts are able to bring their intelligence to bear in controlling fast and seemingly automatic actions by utilizing a form of control often called ‘intelligent automaticity.’ In this spirit, I argue that the environment of intelligently automatic action control curates a similarly ideal environment for the processes of creativity. Moreover, insofar as creativity is ideally operative within the environment of expert action control, I argue further that creativity functions as one representative form of ‘intelligence’ embedded within otherwise fluid, and automatic expert actions. Creativity is able to do so even without conscious representation through the powers of incubated cognition. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

I am interested in the “rational irrationality hypothesis” about voter behavior. According to this hypothesis, voters regularly vote for policies that are contrary to their interests because the act of voting for them isn’t. Gathering political information is time-consuming and inconvenient. Doing so is unlikely to lead to positive results since one's vote is unlikely to be decisive. However, we have preferences over our political beliefs. We like to see ourselves as members of certain groups (e.g. “rugged individualists”) and being (...) part of those groups depends on having certain beliefs (e.g. about welfare spending). Even if a decrease in welfare spending would be bad for me, I might still benefit by believing in and, consequently, voting for a decrease since my vote is unlikely to make a difference but getting to see myself as a rugged individualist will make a noticeable difference to my wellbeing. It is sometimes argued that this hypothesis fails for empirical reasons. I will argue that things are worse: it is conceptually incoherent. I will do so by first showing that it is a rationalizing explanation and then argue that rationalizing explanations must be reflectively stable from the agent's perspective. The rational irrationality hypothesis is not. (shrink)

Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. Land (...) owners, all unknowingly, distribute such services contractually as they rent or sell sites. Rent or price is the market value of such services, net after disservices, as they affect each site. By distributing occupancies to those who can pay the highest price, land owners’ interests align with those of society. Without this, tenure would be precarious—by force or favor of politicians. The 18th-century separation of land from state, so little studied by historians, permitted the development of modern property in land. This change is perhaps “the greatest single step in the evolution of Society the world has ever seen.” When land owners realize that they market community services, they will organize to produce and administer them as well, and society will be made whole. (shrink)

Here I will develop a naturalistic account of epistemic reflection and its significance for epistemology. I will first argue that thought, as opposed to mere information processing, requires a capacity for cognitive self-regulation. After discussing the basic capacities necessary for cognitive self-regulation of any kind, I will consider qualitatively different kinds of thought that can emerge when the basic capacities enable the creature to interiorize a form of social cooperation. First, I will discuss second-personal cooperation and the kind of thought (...) that emerges from its interiorization. Then, I will discuss third-personal cooperation and the kind of thought that emerges from its interiorization. We will see that epistemic reflection is the interiorized version of interpersonal argumentation, which is the epistemic component of third-personal cooperation. In developing this account, I will draw heavily on the work of Michael Tomasello and other cognitive scientists advocating the “social intentionality hypothesis”. However, I will show how work done in the defeasible reasoning tradition can provide us with a deeper explanation of some claims made by advocates of the social intentionality hypothesis. Additionally, we will see that work done on social intentionality can help us better understand the significance of knowledge and justification as understood by the defeasible reasoning tradition. We will see that the social intentionality hypothesis and the defeasible reasoning tradition are mutually illuminating. By drawing equally on both, I will provide a novel account of the foundations of knowledge. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. Rather, it evolves "from (...) context to context," and expands and narrows along what falls within judicial competencies at a particular time. On an elementary level, it is distinct from jurisdiction, as it establishes boundaries of subject matter on policy or constitutional grounds, whereas jurisdiction is grounded in established legal rules. However, questions of jurisdiction can be subsumed under broader questions of justiciability. (shrink)

False belief tasks have enjoyed a monopoly in the research on children’s development of a theory of mind. They have been granted this status because they promise to deliver an unambiguous assessment of children’s understanding of the representational nature of mental states. Their poor cousins, true belief tasks, have been relegated to occasional service as control tasks. That this is their only role has been due to the universal assumption that correct answers on true belief tasks are inherently ambiguous regarding (...) the level of the child’s understanding of mental states. It has also been due to the universal assumption that nothing in the child’s developing theory of mind would lead to systematically incorrect answers on true belief tasks. We review new findings that 4- and 5-year-olds do err, systematically and profoundly, on the true belief versions of all the extant belief tasks. This reveals an intermediate level of understanding in the development of children’s theory of mind. Researchers have been unaware of this intermediate level because it produces correct answers in false belief tasks. A simple two-task battery—one true belief task and one false belief task—is sufficient to remove the ambiguity from each task. The new findings show that children do not acquire an understanding of beliefs, and hence a representational theory of mind, until after 6 years of age, or 2 years later than most developmental psychologists have concluded. This raises the question of how to interpret other new findings that infants are able to pass false belief tasks. We review these new infant studies, as well as recent studies on chimpanzees, in light of older children’s failure on true belief tasks, and end with some speculation about how all of these new findings might be reconciled. (shrink)