This paper explores the evolution of consciousness and subjectivity through a biological framework for understanding the universe. It posits that functional patterns in biological systems mirror cosmic mathematical principles, defining our objective reality. Similar to wave and Fibonacci patterns in different physical phenomena, biological patterns are intrinsic to all things and can be quantified using Dedre Gentner’s approach to analogy. For example, Earth’s ocean currents and the melting and freezing of Antarctica resemble the circulatory system and heart, while the production (...) of music from instruments is analogous to ribosomal protein synthesis. Shelves, tables, and chairs function like cytosol by holding objects in space, and a coffee cup mirrors red blood cell distribution. These analogies reveal a universal order rooted in biology’s functional patterns, essential for shaping the emergence and evolution of life. The paper traces the development of consciousness from its rudimentary cellular states to complex human cognition, highlighting the role of biologically-patterned environments in driving evolutionary changes. Organisms that recognized and organized according to these patterns evolved as “pattern recognition engines” crucial for survival—thus, Life (survival) being the primary measure of consciousness. Humans advanced this capacity, gaining cognitive freedom by insulating themselves from environmental constraints, but faced increased subjectivity complexity. Consciousness, while inherently subjective and necessary for cognitive development, evolves in humans to understand objective reality and its biological nature, so to understand and navigate complexities of subjectivity. Ultimately, the paper asserts consciousness is the ability to recognize and adhere to life-sustaining patterns and principles. Successful adherence deems them worthy of continued existence, while failure leads to demise. Parallels with historical concepts like Atman and Brahman in Hinduism suggest ancient recognition of the correspondence between human and universal patterns. This ancient understanding, coupled with modern scientific evidence, reveals the interconnectedness and intrinsic biological nature of reality. (shrink)

Since it was inspired by Bernard and developed and named by Cannon, the conceptof homeostasis has been invoked by many as the central theoretical framework for physiology. Ithas also been the target of numerous criticisms that have elicited the introduction of a plethoraof alternative concepts. We argue that many of the criticisms actually target the more restrictiveaccount of homeostasis advanced by the cyberneticists. What was crucial to Bernard and Cannonwas a focus on the maintenance of the organism as the goal (...) of physiological regulation. We analysehow Bernard’s and Cannon’s broad conception of what was required to maintain the organismwas narrowed to negative feedback, characterized in terms of setpoints, by the cyberneticistsand demonstrate how many of the alternative concepts challenge the role of setpoints – treatingthem as variable in light of circumstances or in anticipation of future circumstances, or asdispensable altogether. To support our analysis, we draw on the experimental and theoreticalwork on thermoregulation, a phenomenon that has been considered as a paradigmatic example ofhomeostasis and has been a common focus of those advancing alternative concepts. To integratethe insights advanced by the original proponents of homeostasis and the theorists proposingreplacement notions we advance a framework in which regulation is viewed from the perspectiveof maintaining the organism. (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)

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)

Two principal questions are addressed: In De Finibus 3.54 what position does Cicero imagine the talus to fall and lie? How does this talus simile shed light on the problematic relationship between the Stoics’ doctrine of ‘preferred indifferents’ and their definition of the Good as virtue?

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

The sense of form that provides the modern poet with a unique experience of the literary object has been crucial to various attempts to compare poetry to other cultural activities. In maintaining similar conceptions of the relationship between poetry and painting, Arthur Rimbaud and W. C. Williams establish a common basis for interpreting their creative work. And yet their poetry is more crucially concerned with the sudden emergence of visible "worlds" containing verbal objects that integrate a new kind of literary (...) text. This paper discusses the emergence of "aesthetic worlds" in the work of both poets and then examines how a common concern with Baroque form unites them in the phenomenological task of overcoming Cartesian dualism. (shrink)

An overview of the ancient philosophers and their philosophical system (divided into the fields of logic, physics, and ethics) comprising the living, organic, enduring, and evolving body of interrelated ideas identifiable as the Stoic perspective.

The question of the cognitive role of fictionality is this: what is the correct cognitive attitude to take to p, when it is fictional that p? We began by considering one answer to this question, implicit in the work of Kendall Walton, that the correct response to a fictional proposition is to imagine that proposition. However, this approach is silent in cases of fictional incompleteness, where neither p nor its negation are fictional. We argue that that Waltonians should embrace a (...) pluralistic account of the cognitive role of fictional incompleteness: in some cases of fictional incompleteness, we are permitted to resolve the incompleteness during our engagement with the target fiction, and in other cases, we are obliged not to resolve the incompleteness. But though pluralism is accommodated by Walton’s wider account of fictionality, it puts tension on his motivating idea that fictionality stands to the imagination as truth stands to belief. And so we develop a rival conception of the cognitive role of fictionality that is built around a different analogy: on this evidentialist approach, (known) fictionality stands to the imagination as evidence stands to credence. (shrink)

Thirty years after the rise of the evidence-based medicine (EBM) movement, formal training in philosophy remains poorly represented among medical students and their educators. In this paper, I argue that EBM’s reception in this context has resulted in a privileging of empiricism over rationalism in clinical reasoning with unintended consequences for medical practice. After a limited review of the history of medical epistemology, I argue that a solution to this problem can be found in the method of the 2nd-century Roman (...) physician Galen, who brought empiricism and rationalism together in a synthesis anticipating the scientific method. Next, I review several of the problems that have been identified as resulting from a staunch commitment to empiricism in medical practice. Finally, I conclude that greater epistemological awareness in the medical community would precipitate a Galenic shift toward a more epistemically balanced, scientific approach to clinical research. (shrink)

Jeff Paris proves a generalized Dutch Book theorem. If a belief state is not a generalized probability then one faces ‘sure loss’ books of bets. In Williams I showed that Joyce’s accuracy-domination theorem applies to the same set of generalized probabilities. What is the relationship between these two results? This note shows that both results are easy corollaries of the core result that Paris appeals to in proving his dutch book theorem. We see that every point of accuracy-domination defines a (...) dutch book, but we only have a partial converse. (shrink)

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)

Decisions are made under uncertainty when there are distinct outcomes of a given action, and one is uncertain to which the act will lead. Decisions are made under indeterminacy when there are distinct outcomes of a given action, and it is indeterminate to which the act will lead. This paper develops a theory of (synchronic and diachronic) decision-making under indeterminacy that portrays the rational response to such situations as inconstant. Rational agents have to capriciously and randomly choose how to resolve (...) the indeterminacy relevant to a given choice-situation, but such capricious choices once made constrain how they will choose in the future. The account is illustrated by the case of self-interested action in situations where it is indeterminate whether you yourself will survive to benefit or suffer the consequences. The conclusion emphasizes some distinctive anti-hedging predictions of the account. (shrink)

This précis summarizes the main topics, arguments and conclusions of the book. Many interesting arguments and critiques have, of course, been omitted in order to make this summary appropriately brief.

The ancient Stoics believed that virtue is the only true good and as such both necessary and sufficient for happiness. Accordingly, they classified food as among the things that are neither good nor bad but "indifferent." These "indifferents" included health, illness, wealth, poverty, good and bad reputation, life, death, pleasure, and pain. How one deals with having or lacking these things reflects one’s virtue or vice and thus determines one’s happiness or misery. So, while the Stoics held that food in (...) itself contributes nothing to a person’s happiness, how one obtains, prepares, and serves it, and both what and how one eats, all reveal a person’s character as good or bad. Thus, understanding the purpose of food, the necessity of frugality, and the virtue of temperance are all important in Stoicism. This paper traces the ethical views on food from Zeno of Citium and Chrysippus to Seneca, Musonius Rufus, Epictetus, and Marcus Aurelius. They agree that the wise and temperate know that simple, inexpensive foods in moderate amounts produced locally are easy to get and prepare, healthy for the body, and good for the mind. Thus, Stoicism dictates frugality of diet and the rejection of ambitious eating, gluttony, luxuries, delicacies, and gustatory extravagance. Some Stoics favor vegetarianism. All Stoics think it wise to limit eating and drinking to strict bodily need and to eradicate all food anxieties. (shrink)

Is there some general reason to expect organisms that have beliefs to have false beliefs? And after you observe that an organism occasionally occupies a given neural state that you think encodes a perceptual belief, how do you evaluate hypotheses about the semantic content that that state has, where some of those hypotheses attribute beliefs that are sometimes false while others attribute beliefs that are always true? To address the first of these questions, we discuss evolution by natural selection and (...) show how organisms that are risk-prone in the beliefs they form can be fitter than organisms that are risk-free. To address the second question, we discuss a problem that is widely recognized in statistics – the problem of over-fitting – and one influential device for addressing that problem, the Akaike Information Criterion (AIC). We then use AIC to solve epistemological versions of the disjunction and distality problems, which are two key problems concerning what it is for a belief state to have one semantic content rather than another. (shrink)

Turner argues that computer programs must have purposes, that implementation is not a kind of semantics, and that computers might need to understand what they do. I respectfully disagree: Computer programs need not have purposes, implementation is a kind of semantic interpretation, and neither human computers nor computing machines need to understand what they do.

The concept of moral wrongness, many think, has a distinctive kind of referential stability, brought out by moral twin earth cases. This article offers a new account of the source of this stability, deriving it from a metaphysics of content: “substantive” radical interpretation, and first-order normative assumptions. This story is distinguished from extant “reference magnetic” explanations of the phenomenon, and objections and replies are considered.

There are numerous (Bayesian) confirmation measures in the literature. Festa provides a formal characterization of a certain class of such measures. He calls the members of this class “incremental measures”. Festa then introduces six rather interesting properties called “Matthew properties” and puts forward two theses, hereafter “T1” and “T2”, concerning which of the various extant incremental measures have which of the various Matthew properties. Festa’s discussion is potentially helpful with the problem of measure sensitivity. I argue, that, while Festa’s discussion (...) is illuminating on the whole and worthy of careful study, T1 and T2 are strictly speaking incorrect (though on the right track) and should be rejected in favor of two similar but distinct theses. (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)

What is one doing when one improvises music, as one does in jazz? There are two sorts of account prominent in jazz literature. The traditional answer is that one is organizing sound materials in the only way they can be organized if they are to be musical. This implies that jazz solos are to be interpreted with the procedures of written music in mind. A second, more controversial answer is offered in David Sudnow's pioneering account of the phenomenology of improvisation, (...) Ways of the Hand. Sudnow claims that learning to improvise at the piano is concerned centrally with copying the bodily ways of one's mentors and finding how one's instructable hands and the keyboard come to answer to one another, so that "to define jazz ... is to describe the body's ways." But despite its greater sensitivity over the traditional account, Sudnow's account is flawed both as a description of how improvisatory skill is acquired and as a model for describing the interest of jazz. My critique of Sudnow compares his account to Augustine's account of learning language, and finds that Wittgenstein's criticisms of Augustine extend to Sudnow. I offer a third approach to understanding improvised music, one which treats the procedures of improvisation as derived from, and importantly at play in, our everyday actions. (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with (...) the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

This article investigates the claim that some truths are fundamentally or really true — and that other truths are not. Such a distinction can help us reconcile radically minimal metaphysical views with the verities of common sense. I develop an understanding of the distinction whereby Fundamentality is not itself a metaphysical distinction, but rather a device that must be presupposed to express metaphysical distinctions. Drawing on recent work by Rayo on anti-Quinean theories of ontological commitments, I formulate a rigourous theory (...) of the notion. In the final sections, I show how this package dovetails with ' interpretationist' theories of meaning to give sober content to thought that some things — perhaps sets, or gerrymandered mereological sums — can be 'postulated into existence'. (shrink)

Several recent lines of inquiry have pointed to the amygdala as a potential lesion site in autism. Because one function of the amygdala may be to produce autonomic arousal at the sight of a significant face, we compared the responses of autistic children to their mothers’ face and to a plain paper cup. Unlike normals, the autistic children as a whole did not show a larger response to the person than to the cup. We also monitored sympathetic activity in autistic (...) children as they engaged in a wide range of everyday behaviours. The children tended to use self-stimulation activities in order to calm hyper-responsive activity of the sympathetic (`fight or flight’) branch of the autonomic nervous system. A small percentage of our autistic subjects had hyporesponsive sympathetic activity, with essentially no electrodermal responses except to self-injurious behaviour. We sketch a hypothesis about autism according to which autistic children use overt behaviour in order to control a malfunctioning autonomic nervous system and suggest that they have learned to avoid using certain processing areas in the temporal lobes. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines his (...) theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Deferential Monadic Panpsychism is a view that accepts that physical science is capable of discovering the basic structure of reality. However, it denies that reality is fully and exhaustively de- scribed purely in terms of physical science. Consciousness is missing from the physical description and cannot be reduced to it. DMP explores the idea that the physically fundamental features of the world possess some intrinsic mental aspect. It thereby faces a se- vere problem of understanding how more complex mental states (...) emerge from the mental features of the fundamental features. Here I explore the idea that a new form of aggregative emergence, which I call 'combinatorial infusion', could shed light on this problem and bolster the prospects for this form of panpsychism. (shrink)

Sometimes it is indeterminate what an agent morally ought do. This generates a Decision Ought Challenge—to give moral guidance to agents in such a scenario. This article is a field guide to the options for a theory of the decision ought for cases of indeterminacy. Three categories of view are evaluated, and the best representative for each is identified.

Might it be that world itself, independently of what we know about it or how we represent it, is metaphysically indeterminate? This article tackles in turn a series of questions: In what sorts of cases might we posit metaphysical indeterminacy? What is it for a given case of indefiniteness to be 'metaphysical'? How does the phenomenon relate to 'ontic vagueness', the existence of 'vague objects', 'de re indeterminacy' and the like? How might the logic work? Are there reasons for postulating (...) this distinctive sort of indefiniteness? Conversely, are there reasons for denying that there is indefiniteness of this sort? (shrink)

This paper examines two puzzles of indeterminacy. The first puzzle concerns the hypothesis that there is a unified phenomenon of indeterminacy. How are we to reconcile this with the apparent diversity of reactions that indeterminacy prompts? The second puzzle focuses narrowly on borderline cases of vague predicates. How are we to account for the lack of theoretical consensus about what the proper reaction to borderline cases is? I suggest (building on work by Maudlin) that the characteristic feature of indeterminacy is (...) alethic normative silence, and use this to explain both plurality and lack of consensus. (shrink)

Inscrutability arguments threaten to reduce interpretationist metasemantic theories to absurdity. Can we find some way to block the arguments? A highly influential proposal in this regard is David Lewis’ ‘ eligibility ’ response: some theories are better than others, not because they fit the data better, but because they are framed in terms of more natural properties. The purposes of this paper are to outline the nature of the eligibility proposal, making the case that it is not ad hoc, but (...) instead flows naturally from three independently motivated elements; and to show that severe limitations afflict the proposal. In conclusion, I pick out the element of the eligibility response that is responsible for the limitations: future work in this area should therefore concentrate on amending this aspect of the overall theory. (shrink)

The inherently subjective nature of consciousness severely limits our ability to make progress on the problem of consciousness. The inability to acquire objective, publicly available data on the phenomenal aspect of consciousness makes evaluating alternative theories very difficult, if not impossible. However, the anomalous nature of subjective states with respect to our conventional theories of the physical world suggests the possibility of considering other anomalous data around consciousness that happen to be objective. For such purposes, I propose that we examine (...) the psi data gathered under laboratory conditions, which generally receive little attention. I wish to consider whether we have theories or frameworks of consciousness that attempt to account for subjective qualia but also fit the psi data. I argue that Russellian monism can be combined with an argument regarding quantum holism to arrive at a version of cosmopsychism that fits very well with the psi data. While I do not argue that such a framework exhausts the theoretical possibilities, I do suggest we can move forward with a framework that has attractive theoretical features and is also consistent with objective data currently on the table. (shrink)

We must, therefore, make a study of mechanism; but some introduction is advisable, for cybernetics treats the subject from a new, and therefore unusual, ...

Many accounts of structural rationality give a special role to logic. This paper reviews the problem case of clear-eyed logical uncertainty. An account of rational norms on belief that does not give a special role to logic is developed: doxastic probabilism.

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)

This paper proposes a semantics for free choice permission that explains both the non-classical behavior of modals and disjunction in sentences used to grant permission, and their classical behavior under negation. It also explains why permissions can expire when new information comes in and why free choice arises even when modals scope under disjunction. On the proposed approach, deontic modals update preference orderings, and connectives operate on these updates rather than propositions. The success of this approach stems from its capacity (...) to capture the difference between expressing the preferences that give rise to permissions and conveying propositions about those preferences. (shrink)

The disjunction problem and the distality problem each presents a challenge that any theory of mental content must address. Here we consider their bearing on purely probabilistic causal theories. In addition to considering these problems separately, we consider a third challenge—that a theory must solve both. We call this “the hard problem.” We consider 8 basic ppc theories along with 240 hybrids of them, and show that some can handle the disjunction problem and some can handle the distality problem, but (...) none can handle the hard problem. This is our main result. We then discuss three possible responses to that result, and argue that though the first two fail, the third has some promise. (shrink)

Although the Evans argument against vague identity has been much discussed, proposah for blocking it have not so far satisfied general conditions which any solution ought to meet. Moreover, the relation between ontically vague identity and ontic vagueness more generally has not yet been satisfactorily addressed. I advocate a way of resisting the Evans argument which satisfies the conditions. To show how this approach can vindicate particular cases of ontically vague identity, I develop a framework for describing ontic vagueness in (...) general in terms of multiple actualities. This provides aprìncipled approach to ontically vague identity which is unaffected by the Evans argument. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the role of (...) history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

The harmonious free play of the imagination and understanding is at the heart of Kant’s account of beauty in the Critique of the Power of Judgement, but interpreters have long struggled to determine what Kant means when he claims the faculties are in a state of free play. In this article, I develop an interpretation of the free play of the faculties in terms of the freedom of attention. By appealing to the different way that we attend to objects in (...) aesthetic experience, we can explain how the faculties are free, even when the subject already possesses a concept of the object and is bound to the determinate form of the object in perception. (shrink)

In this paper, I propose a novel interpretation of the role of the understanding in generating the unity of space and time. On the account I propose, we must distinguish between the unity that belongs to determinate spaces and times – which is a result of category-guided synthesis and which is Kant’s primary focus in §26 of the B-Deduction, including the famous B160–1n – and the unity that belongs to space and time themselves as all-encompassing structures. Non-conceptualist readers of Kant (...) have argued that this latter unity cannot be the product of categorial synthesis. While they are correct that this unity is not the product of any particular act of category-guided synthesis, I argue that conceptualists are right to nevertheless attribute this unity to the understanding. I argue that it is a result of what we can think of as the ‘original’ synthesis of understanding and sensibility themselves – it is a synthesis, moreover, in which the whole is logically prior to the parts. (shrink)

Lewis (1973) gave a short argument against conditional excluded middle, based on his treatment of ‘might’ counterfactuals. Bennett (2003), with much of the recent literature, gives an alternative take on ‘might’ counterfactuals. But Bennett claims the might-argument against CEM still goes through. This turns on a specific claim I call Bennett’s Hypothesis. I argue that independently of issues to do with the proper analysis of might-counterfactuals, Bennett’s Hypothesis is inconsistent with CEM. But Bennett’s Hypothesis is independently objectionable, so we should (...) resolve this tension by dropping the Hypothesis, not by dropping CEM. (shrink)

It is well known that the probabilistic relation of confirmation is not transitive in that even if E confirms H1 and H1 confirms H2, E may not confirm H2. In this paper we distinguish four senses of confirmation and examine additional conditions under which confirmation in different senses becomes transitive. We conduct this examination both in the general case where H1 confirms H2 and in the special case where H1 also logically entails H2. Based on these analyses, we argue that (...) the Screening-Off Condition is the most important condition for transitivity in confirmation because of its generality and ease of application. We illustrate our point with the example of Moore’s “proof” of the existence of a material world, where H1 logically entails H2, the Screening-Off Condition holds, and confirmation in all four senses turns out to be transitive. (shrink)

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...) and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)