Although the commentary on Aristotle’s problematic discussion of slavery is vast, his discussion of nobility receives little attention. The fragments of his dialogue On Noble Birth constitute his most extensive examination of nobility, and while their similarity to the παμβασιλεύς of the Politics has recently been recognized, their relevance to natural slavery has hitherto gone unnoticed. Yet by declaring that true nobles – particularly the god-like ἀρχηγός – preternaturally possess superhuman characteristics, Aristotle precludes their easy inclusion in the kind “human” (...) in a manner inversely mirroring the preternatural subhumanity of natural slaves. Building on recent scholarship which argues that Aristotle’s “defense” of natural slaves is better understood as an indictment, On Noble Birth becomes most coherent if read as a hypothetical investigation into what would be required for “nobility” to name something true rather than equivocal, with the conclusion that “true nobility” is an empty set. (shrink)

This essay hypothesizes that the Universe contains a self-reproducing neural network of Black Holes with computational abilities—i.e., the Universe can “think”! It then rephrases the Final Anthropic Principle to state: “Intelligent information-processing must come into existence in each new Universe to assure the birth of intelligent successor universes”. Continued research into the theory of Early Universe and Black Hole information storage, processing and retrieval is recommended, as are observational searches for time-correlated electromagnetic and gravitational wave emission patterns from widely separated (...) Black Hole transient events indicative of the existence of a universal inter-Black Hole faster-than-light communications network. (shrink)

In celebration of Newton da Costa’s place in the history of paraconsistency, this paper considers the use and abuse of deliberate self-contradiction. Beginning with Parmenides, developed by Plato, and continued by Cicero, an ancient philosophical tradition used deliberately paraconsistent discourses to reveal the truth. In modern times, decisionism has used deliberate self-contradiction against Judeo-Christian revelation. • DOI:10.5007/1808-1711.2010v14n1p1.

How does microbiota research impact our understanding of biological individuality? We summarize the interdisciplinary summer school on "Microbiota, Symbiosis and Individuality: Conceptual and Philosophical Issues" (July 2019), which was supported by a European Research Council starting grant project "Immunity, DEvelopment, and the Microbiota" (IDEM). The summer school centered around interdisciplinary group work on four facets of microbiota research: holobionts, individuality, causation, and human health. The conceptual discussion of cutting-edge empirical research provided new insights into microbiota and highlights the value of (...) incorporating into meetings experts from other disciplines, such as philosophy and history of science. (shrink)

The Repugnant Conclusion served an important purpose in catalyzing and inspiring the pioneering stage of population ethics research. We believe, however, that the Repugnant Conclusion now receives too much focus. Avoiding the Repugnant Conclusion should no longer be the central goal driving population ethics research, despite its importance to the fundamental accomplishments of the existing literature.

Objective: There are benefits and risks of giving patients more granular control of their personal health information in electronic health record (EHR) systems. When designing EHR systems and policies, informaticists and system developers must balance these benefits and risks. Ethical considerations should be an explicit part of this balancing. Our objective was to develop a structured ethics framework to accomplish this. -/- Methods: We reviewed existing literature on the ethical and policy issues, developed an ethics framework called a “Points to (...) Consider” (P2C) document, and convened a national expert panel to review and critique the P2C. -/- Results: We developed the P2C to aid informaticists designing an advanced query tool for an electronic health record (EHR) system in Indianapolis. The P2C consists of six questions (“Points”) that frame important ethical issues, apply accepted principles of bioethics and Fair Information Practices, comment on how questions might be answered, and address implications for patient care. -/- Discussion: The P2C is intended to clarify whatis at stake when designers try to accommodate potentially competing ethical commitments and logistical realities. The P2C was developed to guide informaticists who were designing a query tool in an existing EHR that would permit patient granular control. While consideration of ethical issues is coming to the forefront of medical informatics design and development practices, more reflection is needed to facilitate optimal collaboration between designers and ethicists. This report contributes to that discussion. (shrink)

In this reply to James H. Fetzer’s “Minds and Machines: Limits to Simulations of Thought and Action”, I argue that computationalism should not be the view that (human) cognition is computation, but that it should be the view that cognition (simpliciter) is computable. It follows that computationalism can be true even if (human) cognition is not the result of computations in the brain. I also argue that, if semiotic systems are systems that interpret signs, then both humans and computers are (...) semiotic systems. Finally, I suggest that minds can be considered as virtual machines implemented in certain semiotic systems, primarily the brain, but also AI computers. In doing so, I take issue with Fetzer’s arguments to the contrary. (shrink)

H´ector-Neri Casta˜neda-Calder´on (December 13, 1924–September 7, 1991) was born in San Vicente Zacapa, Guatemala. He attended the Normal School for Boys in Guatemala City, later called the Military Normal School for Boys, from which he was expelled for refusing to fight a bully; the dramatic story, worthy of being filmed, is told in the “De Re” section of his autobiography, “Self-Profile” (1986). He then attended a normal school in Costa Rica, followed by studies in philosophy at the University of San (...) Carlos, Guatemala. He won a scholarship to the University of Minnesota, where he received his B.A. (1950), M.A. (1952), and Ph.D. (1954), all in philosophy. His dissertation, “The Logical Structure of Moral Reasoning”, was written under the direction of Wilfrid Sellars. He returned to teach in Guatemala, and then received a scholarship to study at Oxford University (1955–1956), after which he took a sabbatical-replacement position in philosophy at Duke University (1956). His first full-time academic appointment was at Wayne State University (1957– 1969), where he founded the philosophy journal Noˆus (1967, a counter-offer made to him by Wayne State to encourage him to stay there rather than to take the chairmanship of philosophy at the University of Pennsylvania). In 1969, he moved (along with several of his Wayne colleagues) to Indiana University, where he eventually became the Mahlon Powell Professor of Philosophy and, later, its first Dean of Latino Affairs (1978–1981). He remained at Indiana until his death. He was also a visiting professor of philosophy at the University of Texas at Austin (1962–1963) and a fellow at the Center for Advanced Study in the Behavioral Sciences (1981–1982). He received grants and fellowships from the Guggenheim Foundation (1967–1968), the T. Andrew Mellon Foundation, the National Endowment for the Humanities, and the National Science Foundation. He was elected President of the American Philosophical Association Central Division (1979– 1980), named to the American Academy of Arts and Sciences (1990), and received the Presidential Medal of Honor from the Government of Guatemala (1991). Casta˜neda’s philosophical interests spanned virtually the entire spectrum of philosophy, and his theories form a highly interconnected whole.. (shrink)

We argue elsewhere that explanatoriness is evidentially irrelevant . Let H be some hypothesis, O some observation, and E the proposition that H would explain O if H and O were true. Then O screens-off E from H: Pr = Pr. This thesis, hereafter “SOT” , is defended by appeal to a representative case. The case concerns smoking and lung cancer. McCain and Poston grant that SOT holds in cases, like our case concerning smoking and lung cancer, that involve frequency (...) data. However, McCain and Poston contend that there is a wider sense of evidential relevance—wider than the sense at play in SOT—on which explanatoriness is evidentially relevant even in cases involving frequency data. This is their main point, but they also contend that SOT does not hold in certain cases not involving frequency data. We reply to each of these points and conclude with some general remarks on screening-off as a test of evidential relevance. (shrink)

Bayesian confirmation theory is rife with confirmation measures. Many of them differ from each other in important respects. It turns out, though, that all the standard confirmation measures in the literature run counter to the so-called “Reverse Matthew Effect” (“RME” for short). Suppose, to illustrate, that H1 and H2 are equally successful in predicting E in that p(E | H1)/p(E) = p(E | H2)/p(E) > 1. Suppose, further, that initially H1 is less probable than H2 in that p(H1) < p(H2). (...) Then by RME it follows that the degree to which E confirms H1 is greater than the degree to which it confirms H2. But by all the standard confirmation measures in the literature, in contrast, it follows that the degree to which E confirms H1 is less than or equal to the degree to which it confirms H2. It might seem, then, that RME should be rejected as implausible. Festa (2012), however, argues that there are scientific contexts in which RME holds. If Festa’s argument is sound, it follows that there are scientific contexts in which none of the standard confirmation measures in the literature is adequate. Festa’s argument is thus interesting, important, and deserving of careful examination. I consider five distinct respects in which E can be related to H, use them to construct five distinct ways of understanding confirmation measures, which I call “Increase in Probability”, “Partial Dependence”, “Partial Entailment”, “Partial Discrimination”, and “Popper Corroboration”, and argue that each such way runs counter to RME. The result is that it is not at all clear that there is a place in Bayesian confirmation theory for RME. (shrink)

There are many scientific and everyday cases where each of Pr and Pr is high and it seems that Pr is high. But high probability is not transitive and so it might be in such cases that each of Pr and Pr is high and in fact Pr is not high. There is no issue in the special case where the following condition, which I call “C1”, holds: H 1 entails H 2. This condition is sufficient for transitivity in high (...) probability. But many of the scientific and everyday cases referred to above are cases where it is not the case that H 1 entails H 2. I consider whether there are additional conditions sufficient for transitivity in high probability. I consider three candidate conditions. I call them “C2”, “C3”, and “C2&3”. I argue that C2&3, but neither C2 nor C3, is sufficient for transitivity in high probability. I then set out some further results and relate the discussion to the Bayesian requirement of coherence. (shrink)

This new critical edition is an examination of William James’s Essays in Radical Empiricism in light of the scientific naturalism prominent in James’s Principles of Psychology and the subsequent development of Darwinian, functional psychology and functionalism in psychology, the philosophy psychology and the philosophy of mind. This is sure to be a controversial look at James's late philosophy of "radical empiricism" and "pure experience." The critical perspective of the edition evokes realism of cognitive relations, contemporary empiricism and recent developments (...) in cognitive science and contemporary philosophy of mind. (shrink)

We argue in Roche and Sober (2013) that explanatoriness is evidentially irrelevant in that Pr(H | O&EXPL) = Pr(H | O), where H is a hypothesis, O is an observation, and EXPL is the proposition that if H and O were true, then H would explain O. This is a “screening-off” thesis. Here we clarify that thesis, reply to criticisms advanced by Lange (2017), consider alternative formulations of Inference to the Best Explanation, discuss a strengthened screening-off thesis, and consider how (...) it bears on the claim that unification is evidentially relevant. (shrink)

Hempel’s Converse Consequence Condition (CCC), Entailment Condition (EC), and Special Consequence Condition (SCC) have some prima facie plausibility when taken individually. Hempel, though, shows that they have no plausibility when taken together, for together they entail that E confirms H for any propositions E and H. This is “Hempel’s paradox”. It turns out that Hempel’s argument would fail if one or more of CCC, EC, and SCC were modified in terms of explanation. This opens up the possibility that Hempel’s paradox (...) can be solved by modifying one or more of CCC, EC, and SCC in terms of explanation. I explore this possibility by modifying CCC and SCC in terms of explanation and considering whether CCC and SCC so modified are correct. I also relate that possibility to Inference to the Best Explanation. (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our problems, (...) when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

This book presents the author’s many and varied contributions to the revival and re-evaluation of American pragmatism. The assembled critical perspective on contemporary pragmatism in philosophy emphasizes the American tradition of cultural pluralism and the requirements of American democracy. Based partly on a survey of the literature on interest-group pluralism and critical perspectives on the politics of globalization, the monograph argues for reasoned caution concerning the practical effects of the revival. Undercurrents of “vulgar pragmatism” including both moral and epistemic relativism (...) threaten the intellectual and moral integrity of American thought – and have contributed to the present sense of political crisis. -/- The text chiefly contributes to the evaluation of the contemporary influence of the philosophy of John Dewey (1859–1952) and his late development of the classical pragmatist tradition. In comparison to Ralph Waldo Emerson (1803–1882), William James (1842–1910), and earlier currents of American thought, Dewey’s philosophy, dominated by its overall emphasis on unification, is weaker in its support for the pluralism of cultural and religious contributions which have lent moral self-restraint to American policy and politics, both foreign and domestic. With all due homage to Dewey’s conception of philosophy, centered on human problems and the need for our ameliorative efforts, the argument is that in the contemporary revival, Dewey’s thought has been too often captured by “post-modernist” bandwagons of self-promotion and institutional control. -/- This work defends democratic individualism against more collectivist and corporatist tendencies in contemporary neo-pragmatism, and it draws upon up-to-date political analysis in defense of America’s long republican tradition. Pragmatism will not and cannot be removed from, or ignored, in American intellectual and moral history; and its influence on disciplines from law to politics, sociology and literary criticism has been immense. However, pragmatism has often been weak in commitment to cultural pluralism and in its accounts of truth. (shrink)

In this thesis I present a new paradigm in human evolutionary theory: the relevance of track-ways reading (TWR) to the evolution of human cognition, culture and communication. Evidence is presented that strongly indicates hominins were exploiting conspecific track-ways 4 million years ago. For a non-olfactory ape that was a specialized forager in open, featureless wetland environments, they were the only viable natural signs to exploit for safety, orienteering, and recognizable social markers. Due to the unique cognitive demands of reading track-ways, (...) as compared to scent-trails all other animals use to find each other and preferred prey species, social TWR triggered the evolution of a unique faculty for narrative elsewhere-and-when cognition in the hominin mind. Two million years later, this narrative faculty was entrenched enough to enable the rather sudden ‘explosion’ of co-operative Oldowan Lithic Culture that began at 2.6mya. This cultural adaptation was a highly successful response to catastrophic environmental change. Thereafter selection for encephalization to increase neural capacity to store and co-operatively exploit socio-ecological knowledge gained from the hominin narrative faculty (via co-evolving, increasingly efficient modes of intentional communication) drove all further biological and cultural developments in the hominin trajectory towards H.sapiens and behavioural modernity. (shrink)

We argued that explanatoriness is evidentially irrelevant in the following sense: Let H be a hypothesis, O an observation, and E the proposition that H would explain O if H and O were true. Then our claim is that Pr = Pr. We defended this screening-off thesis by discussing an example concerning smoking and cancer. Climenhaga argues that SOT is mistaken because it delivers the wrong verdict about a slightly different smoking-and-cancer case. He also considers a variant of SOT, called (...) “SOT*”, and contends that it too gives the wrong result. We here reply to Climenhaga’s arguments and suggest that SOT provides a criticism of the widely held theory of inference called “inference to the best explanation”. (shrink)

O presente trabalho trata da definição de fenômenos naturais. tais como o trovão que é usada como paradigma na definição das substâncias perceptíveis em Metafísica, Z17. Procura-se mostrar como a definição do trovão implica necessariamente uma referência à substância, assim como a definição das substâncias perceptíveis parte necessariamente de um acidente, que justamente funciona como matéria. Entende-se assim trazer à tona algumas questões embaraçosas para Aristóteles, que dizem respeito ao “hiato” existente entre percepção e intelecção e ao caráter não assertivo (...) da “predicação da forma". (shrink)

Bayesian confirmation theory is rife with confirmation measures. Zalabardo focuses on the probability difference measure, the probability ratio measure, the likelihood difference measure, and the likelihood ratio measure. He argues that the likelihood ratio measure is adequate, but each of the other three measures is not. He argues for this by setting out three adequacy conditions on confirmation measures and arguing in effect that all of them are met by the likelihood ratio measure but not by any of the other (...) three measures. Glass and McCartney, hereafter “G&M,” accept the conclusion of Zalabardo’s argument along with each of the premises in it. They nonetheless try to improve on Zalabardo’s argument by replacing his third adequacy condition with a weaker condition. They do this because of a worry to the effect that Zalabardo’s third adequacy condition runs counter to the idea behind his first adequacy condition. G&M have in mind confirmation in the sense of increase in probability: the degree to which E confirms H is a matter of the degree to which E increases H’s probability. I call this sense of confirmation “IP.” I set out four ways of precisifying IP. I call them “IP1,” “IP2,” “IP3,” and “IP4.” Each of them is based on the assumption that the degree to which E increases H’s probability is a matter of the distance between p and a certain other probability involving H. I then evaluate G&M’s argument in light of them. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

Berkeley's doctrines about mind, the language of nature, substance, minima sensibilia, notions, abstract ideas, inference, and freedom appropriate principles developed by the 16th-century logician Peter Ramus and his 17th-century followers (e.g., Alexander Richardson, William Ames, John Milton). Even though Berkeley expresses himself in Cartesian or Lockean terms, he relies on a Ramist way of thinking that is not a form of mere rhetoric or pedagogy but a logic and ontology grounded in Stoicism. This article summarizes the central features of (...) Ramism, indicates how Berkeley adapts Ramist concepts and strategies, and chronicles Ramism's pervasiveness in Berkeley's education, especially at Trinity College Dublin. (shrink)

Providing the most thorough coverage available in one volume, this comprehensive, broadly based collection offers a wide variety of selections in four major genres, and also includes a section on film. Each of the five sections contains a detailed critical introduction to each form, brief biographies of the authors, and a clear, concise editorial apparatus. Updated and revised throughout, the new Fourth Edition adds essays by Margaret Mead, Russell Baker, Joan Didion, Annie Dillard, and Alice Walker; fiction by Nathaniel Hawthorne, (...) Ursula K. LeGuin, Anton Chekov, James Joyce, Katherine Mansfield, F. Scott Fitzgerald, William Faulkner, Alice Walker, Louise Erdrich, Donald Barthelme, and James McPherson; poems by John Donne, Robert Browning, Walt Whitman, Edwin Arlington Robinson, e.e. cummings, Langston Hughes, W.H. Auden, Philip Levine, and Louise Gluck; and plays by August Wilson, Marsha Norman, Wendy Wasserstein, and Vaclav Havel. The chapter devoted to film examines the relation of film to literature and gives the complete screenplay for Citizen Kane plus close analysis of a scene from the film. With its innovative structure, comprehensive coverage, and insightful and stimulating presentation of all kinds of literature, this is an anthology readers will turn to again and again. (shrink)

"Capital is moved as much and as little by the degradation and final depopulation of the human race, as by the probable fall of the earth into the sun. Apres moi le deluge! is the watchword of every capitalist and of every capitalist nation" (Marx, CAPITAL Vol 1, 380-381).

Utilitarianism has a fairly bad reputation in military ethics, mainly because it is thought to make military expedience override all other concerns. The atomic bombing of Hiroshima and Nagasaki is a famous instance of such a skewed utilitarian calculation that “the rules of war and the rights they are designed to protect” should have stopped (Walzer 1992: 263-8). Most of its critics seem to think that utilitarianism is not bad per se, but prone to be misapplied in a self-serving way. (...) That idea, William H. Shaw argues in his careful and mostly convincing defense of utilitarian thinking about the moral issues that war occasions, is misguided, as are most of the other common objections to utilitarian thinking about the moral issues war raises. (shrink)

Supervaluationism is often described as the most popular semantic treatment of indeterminacy. There’s little consensus, however, about how to fill out the bare-bones idea to include a characterization of logical consequence. The paper explores one methodology for choosing between the logics: pick a logic thatnorms beliefas classical consequence is standardly thought to do. The main focus of the paper considers a variant of standard supervaluational, on which we can characterizedegrees of determinacy. It applies the methodology above to focus ondegree logic. (...) This is developed first in a basic, single-premise case; and then extended to the multipremise case, and to allowdegreesof consequence. The metatheoretic properties of degree logic are set out. On the positive side, the logic is supraclassical—all classical valid sequents are degree logic valid. Strikingly, metarules such as cut and conjunction introduction fail. (shrink)

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

مداخلة مترجمة عن الفرنسية للفيلسوف الفرنسي جيل دولوز.

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)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (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)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

The mathematical universe hypothesis is a theory that the physical universe is not merely described by mathematics, but is mathematics, specifically a mathematical structure. Our research provides evidence that the mathematical structure of the universe is biological in nature and all systems, processes, and objects within the universe function in harmony with biological patterns. Living organisms are the result of the universe’s biological pattern and are embedded within their physiology the patterns of this biological universe. Therefore physiological patterns in living (...) organisms can be used as models to structurally map analogies from the biological domain to any target domain to reveal and understand the biological nature of the target domain. Our paper explores various analogies, structurally mapping a red blood cell to a cup; proteins produced from ribosomes to music produced from instruments; a beating heart to the melting and freezing of Antartica; cells, tissue, organs and blood, to people, organizations, industries, and money, and; bio-economic concepts in cellular society to socioeconomic concepts in human society. It also discusses how phenomena in cellular mitosis can help explain phenomena in the universe, such as black holes, dark matter, dark energy, and the structure of the universe. Building upon the concept of perennial wisdom, our research has provided evidence that the ideas of a biological universe were expressed across many past cultures and historical periods. The implications of this theory are vast, encompassing fields such as physics, science, philosophy, religion, law, economics, politics, and engineering, thus serving as a unifying theory for all knowledge. Our theory is supported by meta-analysis of scientific, historic, and religious literature, observations and first principles logic. (shrink)

2015 Reprint of 1956 Printing. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. Cybernetics is here defined as "the science of control and communication, in the animal and the machine"-in a word, as the art of steersmanship; and this book will interest all who are interested in cybernetics, communication theory and methods for regulation and control. W. Ross Ashby (1903-1972) was an English psychiatrist and a pioneer in cybernetics, the study of complex systems. His two books, (...) "Design for a Brain" and "An Introduction to Cybernetics," were landmark works. They introduced exact and logical thinking into the nascent discipline and were highly influential. Contents include: What is new -- Change -- The Determinate Machine -- The Machine with Input -- Stability -- The Black Box -- Quantity of Variety -- Transmission of Variety -- Incessant Transmission -- Regulation in Biological Systems -- Requisite Variety -- The Error-controlled Regulator -- Regulating the Very Large System -- Amplifying Regulation. (shrink)

What is the primary function of consciousness in the nervous system? The answer to this question remains enigmatic, not so much because of a lack of relevant data, but because of the lack of a conceptual framework with which to interpret the data. To this end, we have developed Passive Frame Theory, an internally coherent framework that, from an action-based perspective, synthesizes empirically supported hypotheses from diverse fields of investigation. The theory proposes that the primary function of consciousness is well-circumscribed, (...) serving the 'somatic nervous system[. For this system, consciousness serves as a frame that constrains and directs skeletal muscle output, thereby yielding adaptive behavior. The mechanism by which consciousness achieves this is more counterintuitive, passive, and “low level” than the kinds of functions that theorists have previously attributed to consciousness. Passive frame theory begins to illuminate (a) what consciousness contributes to nervous function, (b) how consciousness achieves this function, and (c) the neuroanatomical substrates of conscious processes. Our untraditional, action-based perspective focuses on olfaction instead of on vision and is 'descriptive' (describing the products of nature as they evolved to be) rather than 'normative' (construing processes in terms of how they should function). Passive frame theory begins to isolate the neuroanatomical, cognitive-mechanistic, and representational (e.g., conscious contents) processes associated with consciousness. (shrink)

In "De l’Allemagne", Mme de Staël develops a sophisticated philosophical psychology that centers not on reason, but imagination. She does this by bringing French Enlightenment philosophy, particularly Rousseau and Diderot, into dialogue with German thinkers, including Kant and Herder. For Mme de Staël, imagination transcends the epistemic limits of sensibility and reason by incorporating sentiment.

This essay considers what it means to understand natural language and whether a computer running an artificial-intelligence program designed to understand natural language does in fact do so. It is argued that a certain kind of semantics is needed to understand natural language, that this kind of semantics is mere symbol manipulation (i.e., syntax), and that, hence, it is available to AI systems. Recent arguments by Searle and Dretske to the effect that computers cannot understand natural language are discussed, and (...) a prototype natural-language-understanding system is presented as an illustration. (shrink)

There are many branches of philosophy called “the philosophy of X,” where X = disciplines ranging from history to physics. The philosophy of artificial intelligence has a long history, and there are many courses and texts with that title. Surprisingly, the philosophy of computer science is not nearly as well-developed. This article proposes topics that might constitute the philosophy of computer science and describes a course covering those topics, along with suggested readings and assignments.

[This download contains the Table of Contents and Chapter 1.] This first book-length study of confabulation breaks ground in both philosophy and cognitive science.

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)