The main aim of this article is to use the resources of relevant-alternatives contextualism to provide an account of an unrecognized form of epistemic injustice that I call irrelevance-injustice. Irrelevance-injustice occurs either when a speaker raises an alternative that is not taken seriously when it should be, or when a speaker raises an alternative that is taken seriously when it should not be. Irrelevance-injustice influences what alternatives are perceived to be relevant and patterns of knowledge ascriptions in ways that are (...) unfair. Asymmetries in whose alternatives are taken seriously affect how many alternatives members of different groups must rule out prior to being ascribed knowledge. Because knowledge ascriptions have socially valuable functions, asymmetries in whose alternatives are taken seriously mean asymmetries in who gets to do socially valuable things with knowledge ascriptions. (shrink)

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 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)

A standard line in the contemporary philosophical literature has it that physical theories are equivalent only when they agree on their empirical content, where this empirical content is often understood as being encoded in the equations of motion of those theories. In this article, we question whether it is indeed the case that the empirical content of a theory is exhausted by its equations of motion, showing that (for example) considerations of boundary conditions play a key role in the empirical (...) equivalence (or otherwise) of theories. Having argued for this, we show that philosophical claims made by Weatherall (2016) that electromagnetism in the Faraday tensor formalism is equivalent to electromagnetism in the vector potential formalism, and by Knox (2011) that general relativity is equivalent to teleparallel gravity, can both be called into question. We then show that properly considering the role of boundary conditions in theory structure can potentially restore these claims of equivalence and close with some remarks on the pragmatics of adjudications on theory identity. (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)

Husserl’s early picture of explanation in the sciences has never been completely provided. This lack represents an oversight, which we here redress. In contrast to currently accepted interpretations, we demonstrate that Husserl does not adhere to the much maligned deductive-nomological (DN) model of scientific explanation. Instead, via a close reading of early Husserlian texts, we reveal that he presents a unificationist account of scientific explanation. By doing so, we disclose that Husserl’s philosophy of scientific explanation is no mere anachronism. It (...) is, instead, tenable and relevant. We discuss how Husserl and other contemporary thinkers draw theoretical inspiration from the same source—namely, Bernard Bolzano. Husserl’s theory of scientific explanation shares a common language and discusses the same themes as, for example, Phillip Kitcher and Kit Fine. To advance our novel reading, we discuss Husserl’s investigations of grounding, inter-lawful explanation, intra-mathematical explanation, and scientific unification. (shrink)

If one believes that vagueness is an exclusively representational phenomenon, one faces the problem of the many. In the vicinity of Kilimanjaro, there are many many ‘mountain candidates’ all, apparently, with more-or-less equal claim to be mountains. David Lewis has defended a radical claim: that all the billions of mountain candidates are mountains. This paper argues that the supervaluationist about vagueness should adopt Lewis’ proposal, on pain of losing their best explanation of the seductiveness of the sorites.

It is now well-known that Newton–Cartan theory is the correct geometrical setting for modelling the quantum Hall effect. In addition, in recent years edge modes for the Newton–Cartan quantum Hall effect have been derived. However, the existence of these edge modes has, as of yet, been derived using only orthodox methodologies involving the breaking of gauge-invariance; it would be preferable to derive the existence of such edge modes in a gauge-invariant manner. In this article, we employ recent work by Donnelly (...) and Freidel in order to accomplish exactly this task. Our results agree with known physics, but afford greater conceptual insight into the existence of these edge modes: in particular, they connect them to subtle aspects of Newton–Cartan geometry and pave the way for further applications of Newton–Cartan theory in condensed matter physics. (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)

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)

In this paper, I examine the role of attention in Kant’s aesthetic theory in the Critique of the Power of Judgment. While broadly Kantian aestheticians have defended the claim that there is a distinct way that we attend to objects in aesthetic experience, Kant himself is not usually acknowledged as offering an account of aesthetic attention. On the basis of Kant’s more general account of attention in other texts and his remarks on attention in the Critique of the Power of (...) Judgment, I reconstruct Kant’s account of aesthetic attention. On this account, aesthetic attention is simultaneously directed at the form of an object and at the judging subject’s own mental states as she attends to the object. In the experience of beauty, we specifically attend to the harmonious relation between the faculties of imagination and understanding. (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.

Volume 19, Issue 9, September 2019, Page 64-66.

This essay disambiguates the relationship between phenomenology and explanation, whereby we uncover a fundamentally new way to understand the function of phenomenology within the sciences. These objectives are accomplished in two stages. First, we propose an original way to interpret Husserl's claim that his phenomenology is non-explanatory. We demonstrate, contra accepted interpretations, that Husserl did not think phenomenology is non-explanatory, because it is descriptive or because it does not deal with causes. Instead, we demonstrate that Husserl concluded that phenomenology is (...) non-explanatory, because it engages in a dialectical process of conceptual clarification. To substantiate this interpretation, we examine how Husserl understood the function of explanation in three different tiers of standard science and how he grasped the role of phenomenology in pure logic. Having properly clarified Husserl's conclusion—that phenomenology is non-explanatory—we then execute our second task, namely to challenge just that idea. We argue that Husserl has—despite his claims to the contrary—de facto and inadvertently described his phenomenology as an explanatory nomological science. Our paper therefore not only clears up a longstanding misinterpretation of Husserl, but opens a new area of debate concerning the status of phenomenology within the scientific nexus. (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)

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)

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

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)

I argue elsewhere (Roche 2014) that evidence of evidence is evidence under screening-off. Tal and Comesaña (2017) argue that my appeal to screening-off is subject to two objections. They then propose an evidence of evidence thesis involving the notion of a defeater. There is much to learn from their very careful discussion. I argue, though, that their objections fail and that their evidence of evidence thesis is open to counterexample.

L’érosion actuelle de la confiance du public envers les campagnes de vaccination et les décisions de politiques publiques qui y sont associées, aggravée par des scandales comme ceux relatifs à la pandémie H1N1 et l’utilisation du Tamiflu™, risque de diminuer de façon significative l’efficacité de ces interventions importantes pour la santé publique. Un manque de confiance de la population envers les acteurs de santé publique peut conduire à une méfiance accrue face aux interventions, pouvant ainsi compromettre l’atteinte des objectifs recherchés (...) par une intervention spécifique et, conséquemment, avoir un impact important sur les bénéfices attendus pour la population visée par cette intervention. Dans la production des avis d’experts, les membres des comités consultatifs d’experts en immunisation (CCEI) peuvent avoir une influence importante sur la prise de décision publique, notamment, sur la sélection par les décideurs de santé publique de vaccins en particulier et la façon dont les campagnes de vaccination seront déployées. En contrepartie de cette influence sur les décisions publiques, une indépendance et une transparence sont attendues de leur part puisque des mécanismes de divulgation et de gestion de conflits d’intérêts (CI) imparfaits peuvent affecter négativement la confiance du public à l’égard de telles décisions. Il apparaît donc important de s’assurer que des mécanismes de gestion des CI, transparents et robustes, existent pour ces comités. Dans cette étude, les avis ou rapports d’évaluation de la pertinence de la vaccination préparés par un CCEI au Québec ont été examinés pour quatre types de maladies évitables par la vaccination (infections invasives à méningocoques et à pneumocoques, coqueluche et virus du papillome humain). Le but était de : 1) identifier les CI divulgués par les membres du CCEI dans leurs rapports comparativement à ceux déclarés dans leurs publications scientifiques pour ces mêmes infections ; 2) analyser la nature des CI (réel, potentiel, apparent, personnel, financier, institutionnel, etc.) et l’impact potentiel (risque) sur la prise de décision impartiale et sur la confiance du public ; et 3) évaluer les mécanismes de gestion de CI actuellement utilisés par ce CCEI. Les résultats de cette étude montrent que très peu de rapports du CCEI contiennent une section sur les CI par rapport à la pléthore divulguée dans les publications scientifiques publiées par les membres du CCEI. De plus, les CI divulgués dans les rapports fréquemment ne correspondent pas à ceux décrits dans les publications scientifiques. Il serait donc important d’introduire des mesures visant à accroître la transparence des experts en immunisation et d’améliorer les mécanismes de divulgation et de gestion des CI afin de veiller à ce que la confiance du public envers les décideurs en santé publique soit maintenue et améliorée. (shrink)

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)

Only our lineage has ever used trackways reading to find unseen and unheard targets. All other terrestrial animals, including our great ape cousins, use scent trails and airborne odors. Because trackways as natural signs have very different properties, they possess an information-rich narrative structure. There is good evidence we began to exploit conspecific trackways in our deep past, at first purely associatively, for safety and orienteering when foraging in vast featureless wetlands. Since our own old trackways were recognizable they were (...) self-mirroring, triggering memories of what we had been up to in the past. Using them to find our way back to the band when temporarily lost or to re-find a resource-rich area discovered the day before enabled optimal foraging. Selection for daily reiteration of one’s own old trackways therefore triggered the evolution of what is distinctive about human cognition: the autobiographical or narrative (episodic) faculty for imaginative self-projection. This faculty enabled us to glean useful social information from the stories “told” by other band members’ old trackways, and created spin-off capacities for fast-track social learning. Resultant increases in socioecological complexity then created positive selective feedback loops for further entrenchment. Incrementally we became the ultra-social narrative-minded ape, capable of creating cumulative culture. (shrink)

Many will readily acknowledge there being rights of humans which trump the rights of states. Thus, these rights are aptly labeled ‘Human Rights,’ by which we may measure and admonish state-conduct. However, in contemporary Human Rights discourse, there is an emerging strand of thought in the academy that is Anti-Human Rights. To understand the foundations of Anti-Human Rights discourse, and to address the arguments that have been put forth, I analyze and incorporate the works of John O. Nelson, Raymond Geuss, (...) Wendy Brown, and Slavoj Žižek. Based on the same, I argue that the core arguments to these assertions are unpersuasive. I attempt at viewing Human Rights justification in different terms, and, to argue for the legitimacy of Human Rights while abandoning the search for justifications in nature, U.S. Foreign Policy, or Neo-Marxist views. (shrink)

The norms of simplicity, convenience, unfussiness, and self-control guide Diogenes the Cynic, Zeno of Citium, Chrysippus, Seneca, Musonius Rufus, Epictetus, and Marcus Aurelius in approaching food. These norms generate the precept that meat and dainties are luxuries, so Stoics should eschew them. Considerations of justice, environmental harm, anthropogenic global climate change, sustainability, food security, feminism, harm to animals, personal health, and public health lead contemporary Stoics to condemn the meat industrial complex, debunk carnism, and select low input, plant-based foods.

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)

Critical Review of Searle's Minds, Brains and Science.

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)

This is the second part of my paper "What is good forestry?" and it completes the argument on how to balance short-term economic interests with the long-term public good.

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

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)

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.

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)

There are advantages to thrift over honest toil. If we can make do without numbers we avoid challenging questions over the metaphysics and epistemology of such entities; and we have a good idea, I think, of what a nominalistic metaphysics should look like. But minimizing ontology brings its own problems; for it seems to lead to error theory— saying that large swathes of common-sense and best science are false. Should recherche philosophical arguments really convince us to give all this up? (...) Such Moorean considerations are explicitly part of the motivation for the recent resurgence of structured metaphysics, which allow a minimal (perhaps nominalistic) fundamental ontology, while avoiding error-theory by adopting a permissive stance towards ontology that can be argued to be grounded in the fundamental. This paper evaluates the Moorean arguments, identifying key epistemological assumptions. On the assumption that Moorean arguments can be used to rule out error-theory, I examine deflationary ‘representationalist’ rivals to the structured metaphysics reaction. Quinean paraphrase, fictionalist claims about syntax and semantics are considered and criticized. In the final section, a ‘direct’ deflationary strategy is outlined and the theoretical obligations that it faces are articulated. The position advocated may have us talking a lot like a friend of structured metaphysics—but with a very different conception of what we’re up to. (shrink)

Why should we be means-end rational? Why care whether someone’s mental states exhibit certain formal patterns, like the ones formalized in causal decision theory? This paper establishes a dominance argument for these constraints in a finite setting. If you violate the norms of causal decision theory, then your desires will be aptness dominated. That is, there will be some alternative set of desires that you could have had, which would be more apt (closer to the actual values fixed by your (...) sensibility/ what you intrinsically care about) no matter which world is actual. If we care about having apt desires, then, we should never let ourselves violate these norms of means-end rationality. This argument shares a form with now-standard accuracy arguments for probabilism, opening up a new terrain for that discussion. I show that the foundational assumptions about the shape of accuracy and of aptness required to run the arguments for means-end rationality and for probabilism run closely parallel. I show the argument is robust under different theories of subjective actual value, including nonclassical treatments of indeterminacy in actual value; I show the argument may (but need not!) be generalized to objective theories of value. The upshot is that aptness-domination arguments for decision theories should be added to the philosophical playbook. (shrink)

American writer William Carlos Williams (1883-1963 studied medicine at the University of Pennsylvania. Following the completion of his fellowships, he traveled to Germany to specialize in pediatrics. Upon returning to America, he established an independent medical practice. The experiences Williams acquired through his medical career provided a valuable source for his literary work, which focused on ordinary people and everyday situations. Williams endeavored to create a form of literature that accurately represented the American experience and he innovatively utilized vernacular (...) language. His literary output encompassed poetry, short stories, novels, essays, and plays, though he is primarily recognized as a poet. Among his significant works are Kora in Hell (1920), Spring and All (1923), Pictures from Brueghel and Other Poems (1962), the five-volume Paterson (1963, 1992), and Imaginations (1970). 'The Use of Force,' presented in translation here, originally appeared in the short story collection Life along the Passaic River. -/- [In Dutch: De Amerikaanse schrijver William Carlos Williams (1883-1963) studeerde geneeskunde aan de Universiteit van Pennsylvania. Na zijn coschappen ging hij naar Duitsland om zich in de kindergeneeskunde te specialiseren. Eenmaal terug in Amerika vestigde hij zich als zelfstandig arts. De ervaringen die Williams in zijn artsenpraktijk opdeed, vormden een dankbare bron voor zijn literaire werk waarin gewone mensen en alledaagse situaties centraal staan. Williams streefde naar een vorm van literatuur die recht deed aan de Amerikaanse ervaring en maakte op inventieve wijze gebruik van de taal van de straat. Hij schreef gedichten, verhalen, romans, essays en toneelstukken, maar staat voornamelijk bekend als dichter. Tot zijn belangrijkste werken horen Kora in Hell (1920), Spring and All (1923), Pictures from Brueghel and Other Poems (1962), het vijfdelige Paterson (1963, 1992) en Imaginations (1970). 'Het gebruik van geweld' ('The Use of Force'), dat hier is afgedrukt, komt oorspronkelijk uil de verhalenbundel Life along the Passaic River.]. (shrink)

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

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)

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

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

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)

Quine (1960, "Word and object". Cambridge, Mass.: MIT Press, ch. 2) claims that there are a variety of equally good schemes for translating or interpreting ordinary talk. 'Rabbit' might be taken to divide its reference over rabbits, over temporal slices of rabbits, or undetached parts of rabbits, without significantly affecting which sentences get classified as true and which as false. This is the basis of his famous 'argument from below' to the conclusion that there can be no fact of the (...) matter as to how reference is to be divided. Putative counterexamples to Quine's claim have been put forward in the past (see especially Evans (1975, "Journal of Philosophy", LXXII(13), 343-362. Reprinted in McDowell (Ed.), "Gareth Evans: Collected papers." Oxford: Clarendon Press.), Fodor (1993, "The elm and the expert: Mentalese and its semantics." Cambridge, MA: Bradford)), and various patches have been suggested (e. g. Wright (1997, The indeterminacy of translation. In C. Wright & B. Hale (Eds.), "A companion to the philosophy of language" (pp. 397-426). Oxford: Blackwell)). One lacuna in this literature is that one does not find any detailed presentation of what exactly these interpretations are supposed to be. Drawing on contemporary literature on persistence, the present paper sets out detailed semantic treatments for fragments of English, whereby predicates such as 'rabbit' divide their reference over four-dimensional continuants (Quine's rabbits), instantaneous temporal slices of those continuants (Quine's rabbitslices) and the simple elements which compose those slices (undetached rabbit parts) respectively. Once we have the systematic interpretations on the table, we can get to work evaluating them. (shrink)

A phronetic approach takes into account everything possible. By this, the phronetic researcher ought to be better-informed of the practical—that which is readily available in order to solve localized political problems and to direct political participants to think in terms of value-rational understanding and action. Phronetic knowledge ought to be of utility to the citizenry—and not only to academia. It does not only explain phenomena, but also provides for altering the outcomes associated with political phenomena by integrating value judgments and (...) broader ethical precepts into the analysis. This is instrumental in producing knowledge that provides for practical application of problem solving that can be deemed good or better, and provides a means for ascertaining the bad or worse in a given political scenario. This paper examines how knowledge is produced by the phronetic approach, what knowledge can be known by the phronetic approach, and whether there are inherent limitations to the phronetic approach to understanding. (shrink)

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

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)

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)