Different authors offer subtly different characterizations of naïve realism. We disentangle the main ones and argue that illusions provide the best proving ground for naïve realism and its main rival, representationalism. According to naïve realism, illusions never involve per- ceptual error. We assess two leading attempts to explain apparent perceptual error away, from William Fish and Bill Brewer, and conclude that they fail. Another lead- ing attempt is assessed in a companion paper, which also sketches an alternative representational (...) account. (shrink)

Philosophers of perception frequently assume that we see actual states of affairs, or facts. Call this claim factualism. In his book, William Fish suggests that factualism is supported by phenomenological observation as well as by experimental studies on multiple object tracking and dynamic feature-object integration. In this paper, I examine the alleged evidence for factualism, focusing mainly on object detection and tracking. I argue that there is no scientific evidence for factualism. This conclusion has implications for studies on (...) the phenomenology and epistemology of visual perception. (shrink)

In a companion paper (Byrne and Green 2023) we disentangled the main characterizations of naïve realism and argued that illusions provide the best proving ground for naïve realism and its main rival, representationalism. According to naïve realism, illusions never involve perceptual error. We assessed two leading attempts to explain apparent perceptual error away, from William Fish and Bill Brewer, and concluded that they fail. This paper considers another prominent attempt, from Craig French and Ian Phillips, and also sketches (...) the case for representationalism. (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.

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

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)

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)

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)

Kit Fine’s logic of essence and his reduction of modality crucially rely on a principle called the ‘monotonicity of essence’. This principle says that for all pluralities, xx and yy, if some xx belong to some yy, then if it is essential to xx that p, it is also essential to yy that p. I argue that on the constitutive notion of essence, this principle is false. In particular, I show that this principle is false because it says that some (...) propositions are essential to yy even though those propositions are only about some of its members. I then consider modifications to the principle appealing to consequential essence and argue that such a modification is inconsistent with a central. (shrink)

Gerald Gaus argued in his 1996 book Justificatory Liberalism that proponents of public reason liberalism should attempt to ground their position in a specific epistemology. Critics of public reason liberalism such as David Enoch have also argued that public reason liberals need to elucidate their epistemic claims. Surprisingly, few public reason liberals have taken up Gaus and Enoch on their challenge. This paper will interact with the epistemological position undergirding the public justification principle, access internalism, arguing that it fails. In (...) its place, I put forward and defend proper functionalism as the better grounding epistemology, and then defend the new theory from possible objections. The result will be a synthesis of Nicholas Wolterstorff’s version of liberalism and an externalist version of convergence public reason liberalism. (shrink)

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.

This paper deals with what a government funded development agency should do when a developing country imposes restrictions on the development process which discriminate on the basis of gender against some members of the development agency’s staff. The conclusion is that there are circumstances in which development agencies should continue their work in the face of gender discrimination but they should not instigate development projects if doing so would involve them in gender discrimination. A set of procedures for a development (...) agency to follow in these difficult circumstances is outlined. It is argued that an agency is entitled to violate a moral principle when so doing will reduce violations of that same principle. (shrink)

In their Why Machines Will Never Rule the World, Landgrebe and Smith (2023) argue that it is impossible for artificial general intelligence (AGI) to succeed, on the grounds that it is impossible to perfectly model or emulate the “complex” “human neurocognitive system”. However, they do not show that it is logically impossible; they only show that it is practically impossible using current mathematical techniques. Nor do they prove that there could not be any other kinds of theories than those in (...) current use. Even if perfect theories were impossible or unlikely, perfection may not be needed and may even be unhelpful. (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)

There are two distinct approaches to Bayesian modelling in cognitive science. Black-box approaches use Bayesian theory to model the relationship between the inputs and outputs of a cognitive system without reference to the mediating causal processes; while mechanistic approaches make claims about the neural mechanisms which generate the outputs from the inputs. This paper concerns the relationship between these two approaches. We argue that the dominant trend in the philosophical literature, which characterizes the relationship between black-box and mechanistic approaches to (...) Bayesian cognitive science in terms of the dichotomy between instrumentalism and realism, is misguided. We propose that the two distinctions are orthogonal: black-box and mechanistic approaches to Bayesian modelling can each be given either an instrumentalist or a realist interpretation. We argue that the current tendency to conflate black-box approaches with instrumentalism and mechanistic approaches with realism stems from unwarranted assumptions about the nature of scientific explanation, the ontological commitments of scientific theories, and the role of abstraction and idealization in scientific models. We challenge each of these assumptions to reframe the debates over Bayesian modelling in cognitive science. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

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)

"Lest one think that the focus on aspect-seeing in Wittgenstein is only a means to more contemporary philosophical ends, one ought to read Day’s remarkable 'Wanting to Say Something: Aspect-Blindness and Language'. Day considers the issue of aspect-blindness, arguing that universal aspect-blindness is impossible for beings with language. Specifically, he shows that a child’s first attempt at language, at trying “bloh” for “ball,” is neither an indication that the child sees the ball for the first time, nor an indication that (...) the child is giving a first label for an object seen all along. Rather, he shows that this attempt is an indication of the dawning of an aspect. The dawning of aspects, so common during the phase of language acquisition, becomes supplanted by language itself. Universal aspect-blindness is not humanly possible, then. Day argues that the acquisition of language results in a loss of desire for aspects (which it is possible to regain through art). Localized aspect-blindness is familiar because as language-users, we have lost our desire for aspects. Day then turns to questions about the deep purpose behind Wittgenstein’s style. Why are those doubting voices prominent? Why does Wittgenstein demand so often that the reader answer his questions? Day shows that these elements of Wittgenstein’s style arise from a motivation to regain his own desire for aspects, and he wants to re-awaken our own desire for aspects. Day motivates us to consider aspect-seeing in order to see Wittgenstein himself anew." --Chris Weigel, Book Review of Seeing Wittgenstein Anew, Journal of the History of Philosophy 49:2 (April 2011): 263. (shrink)

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)

In this paper, I argue that Kant has a far more communitarian theory of aesthetic life than is usually acknowledged. I focus on two aspects of Kant’s theory that might otherwise be taken to support an individualist reading, namely, Kant’s emphasis on aesthetic autonomy and his characterization of judgments of taste as involving demands for agreement. I argue that the full expression of autonomy in fact requires being a member of an aesthetic community and that within such a community, judgments (...) of taste are issued as invitations to others to engage their faculties towards the goal of shared aesthetic appreciation. (shrink)

Studies of several languages, including Swahili [swa], suggest that realis (actual, realizable) and irrealis (unlikely, counterfactual) meanings vary along a scale (e.g., 0.0–1.0). T-values (True, False) and P-values (probability) account for this pattern. However, logic cannot describe or explain (a) epistemic stances toward beliefs, (b) deontic and dynamic stances toward states-of-being and actions, and (c) context-sensitivity in conditional interpretations. (a)–(b) are deictic properties (positions, distance) of ‘embodied’ Frames of Reference (FoRs)—space-time loci in which agents perceive and from which they contextually (...) act (Rohrer 2007a, b). I argue that the embodied FoR describes and explains (a)–(c) better than T-values and P-values alone. In this cognitive-functional-descriptive study, I represent these embodied FoRs using Unified Modeling Language (UML) mental spaces in analyzing Swahili conditional constructions to show how necessary, sufficient, and contributing conditions obtain on the embodied FoR networks level. (shrink)

William S. Lewis examines the contribution to philosophy of science made by Lefebvre, in the context of his membership of the French Communist Party.

Argues that standard interpretations of Merleau-Ponty's criticisms of Sartrean freedom fail and presents an alternative interpretation that argues that the fundamental issue concerns their different theories of time.

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)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms (long noted by theorists like William Connolly and Quentin Skinner), as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

In this paper, I propose a framework that supports both free will and anomalous mind-matter interaction (psychokinesis). I begin by considering the argument by the physicist Sean Carroll that the laws of physics as we understand them rule out psychokinesis (and other modes of psi). I find Carroll’s claims problematic, in part due to what I believe are misunderstandings of arguments borrowed from David Hume. I proceed to consider a more dispositional notion of causality (in contrast to one characterized by (...) universal and necessary laws) which I argue is more hospitable to both psychokinesis and free will. I then incorporate recent work from the philosophy of mind and science to arrive at a framework that supports both real volition and psychokinesis, which I argue are intimately linked. This approach is fundamentally dispositional, but grounded in an ontologically prior field of awareness and potentiality. I also consider that the regularities (or causal natures) we observe in our physical world are ultimately supported by what we might term teleological “intentions” within a nonlocal, mind-like quantum ground. (shrink)

We advance an account that grounds cognition, specifically decision-making, in an activity all organisms as autonomous systems must perform to keep themselves viable—controlling their production mechanisms. Production mechanisms, as we characterize them, perform activities such as procuring resources from their environment, putting these resources to use to construct and repair the organism's body and moving through the environment. Given the variable nature of the environment and the continual degradation of the organism, these production mechanisms must be regulated by control mechanisms (...) that select when a production is required and how it should be carried out. To operate on production mechanisms, control mechanisms need to procure information through measurement processes and evaluate possible actions. They are making decisions. In all organisms, these decisions are made by multiple different control mechanisms that are organized not hierarchically but heterarchically. In many cases, they employ internal models of features of the environment with which the organism must deal. Cognition, in the form of decision-making, is thus fundamental to living systems which must control their production mechanisms. (shrink)

Eating is a fundamental behavior in which all organisms must engage in order to procure the material and energy from their environment that they need to maintain themselves. Since controlling eating requires procuring, processing, and assessing information, it constitutes a cognitive activity that provides a productive domain for pursuing cognitive biology as proposed by Ladislav Kováč. In agreement with Kováč, we argue that cognition is fundamentally grounded in chemical signaling and processing. To support this thesis, we adopt Cisek’s strategy of (...) phylogenetic refinement, focusing on two animal phyla, Porifera and Placozoa, organisms that do not have neurons, muscles, or an alimentary canal, but nonetheless need to coordinate the activity of cells of multiple types in order to eat. We review what research has revealed so far about how these animals gather and process information to control their eating behavior. (shrink)

Chancy counterfactuals are a headache. Dylan Dodd (2009) presents an interesting argument against a certain general strategy for accounting for them, instances of which are found in the appendices to Lewis (1979) and in Williams (2008). I will argue (i) that Dodd’s understates the counterintuitiveness of the conclusions he can reach; (ii) that the counterintuitiveness can be thought of as an instance of more general oddities arising when we treat vagueness and indeterminacy in a classical setting; and (iii) the underlying (...) source of discontent which animates Dodd’s complains is to be found in a certain general constraint one might impose on conditionals—what I’ll call the counterfactual Ramsey bound. Unfortunately, the counterfactual Ramsey bound is just as problematic as its famous indicative cousin. The moral is that there’s no comfortable resting place in this area; for violations of the counterfactual Ramsey bound are going to lead to prima facie surprising results. (shrink)

The term “medium independence” has different meanings. One sense maps onto “abstract-as-abstracta” descriptions while the other maps onto “abstract-as-omission” descriptions. Both senses have been deployed when it comes to understanding the nature of physical computation. However, because medium independence is a polysemic term, the sense being used should be clearly stated. If the sense is not clearly stated, then those who wish to engage in debates regarding medium independence and physical computation run the risk of conflating different but related issues (...) which can have consequences when it comes to thinking about physical computation across contexts. (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)

Catalan translation, introductory study and notes on W. K. Clifford’s “The Ethics of Belief”. Published in Clifford, W.K. “L’ètica de la creença”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 129–150. // Catalan translation, introductory study and notes on William James’s “The Will to Believe”. Published in James, William. “La voluntat de creure”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 151–172. [Introductory study published in Oya, Alberto. “Introducció. El debat entre W. K. Clifford i (...) class='Hi'>William James”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 123–127]. (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)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a severe violation (...) of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

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.

This chapter is a substantially expanded version of (and so substantially supersedes) “Words Fail Me. (Stanley Cavell’s Life Out of Music)” that appeared in Inheriting Stanley Cavell: Memories, Dreams, Reflections (Bloomsbury, 2020). It offers to read Cavell’s claim that “philosophy, of a certain ambition, tends perpetually to intersect the autobiographical.” Its guiding thought is that a life that finds a home in philosophy from out of its devotion to music (as is true of, among others, Rousseau, Nietzsche, and Wittgenstein, all (...) philosophers Cavell wrote about and cared about) will take on a certain character. In Cavell’s case, his distinctive orientation in philosophy—call this his lifelong coming to terms with his abandoning a life in music—is guided in part by (1) an interest in those moments in experience where words seem to run out, or veer toward nonsense, leaving in their wake touchstones of ecstasy; and (2) an interest in the education of the senses, without which interest we risk their starvation. These twin claims are illustrated through an interweaving of remarks and reminiscences of Cavell on music that culminate in a reading of his last published pieces devoted to music, primarily “Impressions of Revolution.”. (shrink)

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

Stoic analysis of the characters of Yoda and the Emperor reveals the opposing logics of the Force. Yoda initially appears to be a jester, but shares with the Stoic wise man the virtues of timely action, patience, commitment, seriousness, calmness, peacefulness, caution, benevolence, joyful mirth, passivity, and wisdom. The logic of the Dark Side is: Anger leads to hatred. Hatred leads to aggressive mastery of others, which is true power, which is irresistibly desirable. The Emperor uses terror and cruelty to (...) oppress others. Instead of wisely pursuing Stoic self-control, the arrogant Emperor serves his vices and dies suffering. (shrink)

Wittgenstein's Philosophical Investigations is organized in short paragraphs or "remarks." Most of these are numbered consecutively, but some are not – including his remarks on "aspect-seeing" that are the focus of Seeing Wittgenstein Anew. This appendix to that volume is an indexed catalog of the unnumbered remarks, cross-referenced to four different editions, including the latest (4th) edition. -/- Note: There is a missing remark that should be inserted on p. 363 of the concordance, after the "A sensation can" line, thus: (...) What is the 185e 158e PPF §60. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

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)

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)