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)

What methodological approaches do research programs use to investigate the world? Elisabeth Lloyd’s Logic of Research Questions (LRQ) characterizes such approaches in terms of the questions that the researchers ask and causal factors they consider. She uses the Logic of Research Questions Framework to criticize adaptationist programs in evolutionary biology for dogmatically assuming selection explanations of the traits of organisms. I argue that Lloyd’s general criticism of methodological adaptationism is an artefact of the impoverished LRQ. My Ordered Factors Proposal extends (...) the LRQ to characterize approaches with sequences of questions and factors. I highlight the importance that ordering one’s investigation plays in approaches at the level of adaptationism by analyzing two research programs in community ecology: competitionists and neutralists. Competitionists and neutralists take opposed starting points and use explanatory and developmental heuristics to consider more factors in due time. On the Ordered Factors Proposal, these approaches are not only the ecological factors they are open to considering but also the order in which they will consider them. My disagreement with Lloyd’s over how to characterize methodological approaches reflects different views about methodological monism and pluralism. (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.

A central theme in Wittgenstein’s post-Tractatus remarks on the limits of language is that we ‘cannot use language to get outside language’. One illustration of that idea is his comment that, once we have described the procedure of teaching and learning a rule, we have ‘said everything that can be said about acting correctly according to the rule’; ‘we can go no further’. That, it is argued, is an expression of anti-reductionism about meaning and rules. A framework is presented for (...) assessing the debate between reductionist and anti-reductionist readings of Wittgenstein’s views about meaning and use. It is argued that that debate cannot be settled merely by reference to Wittgenstein’s general opposition to reductionism. An important argument for anti-reductionism about rules and meaning, from Remarks on the Foundations of Mathematics, is discussed. Putative evidence of reductionism about meaning in the Brown Book is considered; an alternative reading is proposed. The nature of Wittgenstein’s anti-reductionism is examined. It is argued, first, that Wittgenstein accepts that semantic and normative facts supervene on non-semantic, non-normative facts and, second, that at many points his treatment of meaning and rules goes beyond the kind of pleonastic claim that is often taken to define non-reductionist, quietist, positions in philosophy. (shrink)

What is the relation between meaning and use? This chapter first defends a non-reductionist understanding of Wittgenstein’s suggestion that ‘the meaning of a word is its use in the language’; facts about meaning cannot be reduced to, or explained in terms of, facts about use, characterized non-semantically. Nonetheless, it is contended, facts about meaning do supervene on non-semantic facts about use. That supervenience thesis is suggested by comments of Wittgenstein’s and is consistent with his view of meaning and rule-following. Semantic (...) supervenience is then defended against two criticisms: first, John McDowell’s suggestion that the supervenience thesis falsifies the epistemology of meaning and fails to accommodate common-sense truths about meaning; second, a series of counter-examples proposed by Stephen Kearns and Ofra Magidor, who argue that worlds may differ semantically without differing non-semantically. It is argued that neither criticism is convincing: we should accept the thesis that semantic facts supervene on non-semantic facts. (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)

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)

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)

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)

Effective altruism is the use of evidence and careful reasoning to work out how to maximize positive impact on others with a given unit of resources, and the taking of action on that basis. It’s a philosophy and a social movement that is gaining considerable steam in the philanthropic world. For example, GiveWell, an organization that recommends charities working in global health and development and generally follows effective altruist principles, moves over $90 million per year to its top recommendations. Giving (...) What We Can, which encourages individuals to pledge at least 10% of their income to the most cost-effective charities, now has over 3500 members, together pledging over $1.5 billion of lifetime donations. Good Ventures is a foundation, founded by Dustin Moskovitz and Cari Tuna, that is committed to effective altruist principles; it has potential assets of $11 billion, and is distributing over $200 million each year in grants, advised by the Open Philanthropy Project. [...] GPI Working Paper No. 8-2019. (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)

Stanley Cavell isn't the first to arrive at philosophy through a life with music. Nor is he the first whose philosophical practice bears the marks of that life. Much of Cavell's life with music is confirmed for the world in his philosophical autobiography Little Did I Know. A central moment in that book is Cavell's describing the realization that he was to leave his musical career behind – for what exactly, he did not yet know. He connects the memory-shock of (...) this leaving with "the work of mourning." How does such a life out of music inform Cavell's philosophical sensibility? The thought I follow in this essay is that Cavell's distinctive orientation in philosophy – call this his lifelong coming to terms with his abandoning a life in music – is guided in part by an interest in those moments in experience where words seem to run out, or veer toward nonsense, leaving in their wake touchstones of ecstasy. I explore this idea by summarizing my exchange with Stanley Cavell years ago when I asked him whether certain passages from his essay "Music Discomposed" are depictions of the unsayable. Cavell's response is elaborated, or qualified, by considering a pair of moments in Little Did I Know where words appear to run out. I conclude by discussing culminating thoughts on the burden borne by words and their failure that appear in Cavell's late essay on music, "Impressions of Revolution.". (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)

Developments that suggest the universe is full of life make the Fermi paradox increasingly pressing, but our search for an extraterrestrial technological civilization (“ETC”) is handicapped by our ignorance of its probable nature and behavior. This paper offers a way around this problem by drawing on information theoretical concepts, including game theory and Bayesian probability. It argues that, whatever its ultimate goals, an ETC would have the same instrumental goals as other intelligent agents. Generically, these are self-preservation and the acquisition (...) of resources. For an advanced ETC, these generic goals imply the objectives of removing existential threats and acquiring strategic and non-strategic information. Since the most problematic existential threats for any ETC would be from other civilizations and planets hosting such civilizations would also be copious sources of information, these objectives would lead it to gather information from these locations and to protect itself against them. This dual-goals hypothesis resolves the Fermi paradox, redirects the search for extraterrestrial intelligence and makes testable predictions regarding ETC’s behavior on Earth if it is here. (shrink)

In this essay I argue the extent to which meaning and judgment in aesthetics figures in Wittgenstein’s later conception of language, particularly in his conception of how philosophy might go about explaining the ordinary functioning of language. Following a review of some biographical and textual matters concerning Wittgenstein’s life with music, I outline the connection among (1) Wittgenstein’s discussions of philosophical clarity or perspicuity, (2) our attempts to give clarity to our aesthetic experiences by wording them, and (3) the clarifying (...) experience of the dawning of an aspect, which Wittgenstein pictures as the perception of an internal relation. By examining Wittgenstein’s use of “internal relation” from the Tractatus to his later writings, I come to challenge the still prevalent understanding of Wittgenstein’s appeals to grammar as an appeal to something given (e.g., to a set of grammatical rules). Instead, as I argue, Wittgensteinian appeals to grammatical criteria should be understood as modeled by the form of justification found in our conversations about art. (shrink)

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

In *Here and There*, Stanley Cavell suggests that music, like speech, implicates the listener, so that our descriptions of music "are to be thought of not as discoveries but as impressions and assignments of meaning." Such impressions express what "makes an impression upon us," "what truly matters to us." Moreover, this aspect of music "is itself more revolutionary than ... any political event of which it could be said to form a part." I offer one indication of that significance by (...) considering a recent challenge to an old claim about the relation between jazz and democracy. Stanley Crouch claims that jazz practice is an emblem of democracy, while Benjamin Givan observes the undemocratic, hierarchical way that jazz musicians work together. But both positions rest on a limited notion of "democracy." I contrast it to the tradition in political thought that requires each citizen to find their own voice if they're to acquire the ability to govern themselves. Consequently, a better emblem of jazz's democratic advance lies in the challenge it presents to the attentive listener. Jazz listening is increasingly characterized by a learned culture of hearing what isn't played, hearing allusions, hearing unspoken interplay. The nature of this "hearing between the lines" parallels the tradition of esoteric writing in the history of political thought. It suggests that jazz's democratic importance is found in the listener's willingness to give voice to what she hears, not knowing whether her experience is shared by others or whether it singles her out, possibly for skepticism or ridicule. (shrink)

In the paper, I argue there is a whole political logistics to deportation. This is made visible by bringing the concept of microphysics to bear on the topic. Taking the case of enforced and escorted removals from the UK, I show that this logistics is vividly and graphically documented in the inspection reports. Hitherto largely ignored, inspection reports offer researchers a trove of information regarding the mechanisms and procedures of deportation. As I finally draw out, this focus can speak to (...) questions about the relationship of ethics to deportation: the inspection reports show how a certain form of ethical calculation, based on a risk-based approach to the use of force has been inscribed into the practices of deportation. DOI 10.17879/95189425134. (shrink)

Reber and Alcock have recently made a sharp attack on the entire psi literature, and in particular a recent overview by Cardeña of the meta-analyses across various categories of psi. They claim the data are inherently fl awed because of their disconnect with our current understanding of the world. As a result, they ignore the data and identify key scientific principles that they argue clash with psi. In this Commentary, I argue that these key principles are diffi cult to apply (...) in areas where our understanding remains poor, especially quantum mechanics and consciousness. I also explore how the psi data may fi t within these two domains. (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)

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)

The local opposes the global or the macro opposes the micro and vice versa, respectively. This dialectical relationship further exposes that scales are socially and politically constructed, representative of a phenomena that is relational, and is thus of important consideration in analysis beyond simple labeling. That is, scale represents more than ‘size’ and ‘complexity’, but also reveals the relational. It is the relational—the relationship between the ‘global’ and its contents or the ‘local’—which provides for or is wont for analytic complexity (...) and theorizing. (shrink)

As a retired professor, I join in the growing concerns among educators, and others, about plagiarism, especially now that AI tools like ChatGPT are so readily available. However, I feel more caution is needed, regarding temptations to rely on supposed automatic detection tools, like Turnitin, to solve the problems. Students can be unfairly accused if such tools are used unreflectingly. The Toronto Star's online version of this published Op Ed is available at the link shown below. The version attached here (...) is a pre-print, which also includes annotations for my references, which are not displayed in the published version. (shrink)

Monoclonal antibodies are essential biomedical research and clinical reagents that are produced by companies and research laboratories. The NIAID ImmPort (Immunology Database and Analysis Portal) resource provides a long-term, sustainable data warehouse for immunological data generated by NIAID, DAIT and DMID funded investigators for data archiving and re-use. A variety of immunological data is generated using techniques that rely upon monoclonal antibody reagents, including flow cytometry, immunofluorescence, and ELISA. In order to facilitate querying, integration, and reuse of data, standardized terminology (...) for describing monoclonal antibody reagents and their targets needs to be used for annotating data submitted to ImmPort. (shrink)

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)

This essay describes computational semantic networks for a philosophical audience and surveys several approaches to semantic-network semantics. In particular, propositional semantic networks are discussed; it is argued that only a fully intensional, Meinongian semantics is appropriate for them; and several Meinongian systems are presented.

In this paper, I provide an accuracy-based argument for conditionalization (via reflection) that does not rely on norms of maximizing expected accuracy. -/- (This is a draft of a paper that I wrote in 2013. It stalled for no very good reason. I still believe the content is right).

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...) state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...) (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

The metaphysics of representation poses questions such as: in virtue of what does a sentence, picture, or mental state represent that the world is a certain way? In the first instance, I have focused on the semantic properties of language: for example, what is it for a name such as ‘London’ to refer to something? Interpretationism concerning what it is for linguistic expressions to have meaning, says that constitutively, semantic facts are fixed by best semantic theory. As here developed, it (...) promises to give a reductive, universal and non-revisionary account of the nature of linguistic representation. -/- Interpretationism in general, however, is threatened by severe internal tension, due to arguments for radical inscrutability. These contend that, given the interpretationist setting, there can be no fact of the matter what object an individual word refers to: for example, that there is no fact of the matter as to whether “London” refers to London or to Sydney. -/- A series of challenges emerge, forming the basis for this thesis. 1. What sort of properties is the interpretationist trying to reduce, and what kind of reductive story is she offering? 2. How are inscrutability theses best formulated? Are arguments for inscrutability effective in their own terms? What kinds of inscrutability arise? 3. Is endorsing radical inscrutability a stable position? 4. Are there theoretical virtues—such as simplicity—that can be appealed to in discrediting the rival (empirically equivalent) theories that underpin inscrutability arguments? -/- In addressing these questions, I concentrate on diagnosing the source of inscrutability, mapping the space of ways of resisting the arguments for radical inscrutability, and examining the challenges faced in developing a principled account of linguistic content that avoids radical inscrutability. -/- The effect is not to close down the original puzzles, but rather to sharpen them into a set of new and deeper challenges. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

John Maynard Keynes’s A Treatise on Probability is the seminal text for the logical interpretation of probability. According to his analysis, probabilities are evidential relations between a hypothesis and some evidence, just like the relations of deductive logic. While some philosophers had suggested similar ideas prior to Keynes, it was not until his Treatise that the logical interpretation of probability was advocated in a clear, systematic and rigorous way. I trace Keynes’s influence in the philosophy of probability through a heterogeneous (...) sample of thinkers who adopted his interpretation. This sample consists of Frederick C. Benenson, Roy Harrod, Donald C. Williams, Henry E. Kyburg and David Stove. The ideas of Keynes prove to be adaptable to their diverse theories of probability. My discussion indicates both the robustness of Keynes’s probability theory and the importance of its influence on the philosophers whom I describe. I also discuss the Problem of the Priors. I argue that none of those I discuss have obviously improved on Keynes’s theory with respect to this issue. (shrink)

The theory proposing a biological framework for a mathematical universe hypothesis posits that biological patterns define the fundamental nature of reality. These biological patterns are initially hidden from view, but can only be unveiled and understood through the knowledge of biology’s patterns and structurally mapping correspondences from the biological domain to a target domain. This perspective aligns with the ideas establishing perennial wisdom, a concept that encompasses universal and timeless spiritual truths found across various traditions. By exploring the parallels between (...) perennial wisdom's core ideas and the theory of a biological universe, we can assert that the mystical concepts of Pnimiyut and Chitzoniyut from Kabbalah may have been attempting to express the underlying principles surrounding a biological universe. In this essay, we will delve into the concepts of Pnimiyut and Chitzniyut and their potential connection to the biological nature of the universe. (shrink)

At Temple College, a community college in Texas, the administration forced Kerry Laird, a literature and composition professor, to remove from his office door the quote from Friedrich Nietzsche "Gott ist tot." The college says that to leave the phrase up would offend others and constitute an endorsement of the phrase. Laird, Cary Nelson, the national president of the American Association of University Professors, and William O. Stephens, chair of the American Philosophical Association Committee for the Defense of the (...) Professional Rights of Philosophers, see the ban as a violation of academic freedom and a double standard, since many other faculty members are permitted to display pro-religion statements and images on their doors. Stephens said that ever the ancient Athenians put Socrates to death for expressing non-traditional views, great philosophers have often caused offense. (shrink)

[This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...) on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (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)

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)

John Turri gives an example that he thinks refutes what he takes to be “G. E. Moore's view” that omissive assertions such as “It is raining but I do not believe that it is raining” are “inherently ‘absurd'”. This is that of Ellie, an eliminativist who makes such assertions. Turri thinks that these are perfectly reasonable and not even absurd. Nor does she seem irrational if the sincerity of her assertion requires her to believe its content. A commissive counterpart of (...) Ellie is Di, a dialetheist who asserts or believes that The Russell set includes itself but I believe that it is not the case that the Russell set includes itself. Since any adequate explanation of Moore's paradox must handle commissive assertions and beliefs as well as omissive ones, it must deal with Di as well as engage Ellie. I give such an explanation. I argue that neither Ellie's assertion nor her belief is irrational yet both are absurd. Likewise neither Di's assertion nor her belief is irrational yet in contrast neither is absurd. I conclude that not all Moore-paradoxical assertions or beliefs are irrational and that the syntax of Moore's examples is not sufficient for the absurdity found in them. (shrink)

Cette note devait introduire à un public anglophone la traduction de la « Lettre de Louis Althusser datée du 18 mars 1966 et adressée au Comité central du PCF », elle est ici enrichie dans une version livrée au public français. Elle apporte le contexte historique et théorique nécessaire à la compréhension des interventions « anti-humanistes » de Louis Althusser qui questionne les choix politiques opérés par le PCF au cours des années 1960. Nulle part ailleurs, dans les écrits publiés (...) d’Althusser, nous ne voyons aussi clairement les enjeux politiques imbriqués dans son projet philosophique, ni comment ce projet évolua progressivement d’une entreprise « théoriciste » à la recherche d’une philosophie en lien plus étroit avec la pratique. Cette lettre nous paraît de la plus haute importance pour les spécialistes de l’œuvre d’Althusser, les historiens de la pensée marxiste, mais aussi plus largement à tous ceux qui s’intéressent à l’importance que peut revêtir le travail d’Althusser dans les débats actuels dans le champ de la philosophie marxiste. (shrink)

Recent students of mysticism have sharply distinguished monistic from theistic mysticism. The former is more or less identified with the empty consciousness experience and the latter with the love mysticism of such figures as Bernard of Clairvaux. I argue that a sharp distinction between the two is unwarranted. Western medieval mystics, for example, combined the apophatic theology of Dionysius the Areopagite with the erotic imagery of the mystical marriage. Their experiences were clearly theistic but integrally incorporated ”monistic moments’. I conclude (...) by discussing Nelson Pike’s claim that these monistic moments were themselves phenomenologically theistic. (shrink)

Documentary film is that genre of filmmaking that lays bare the fact of all film, which is that it presents "a world past" (Cavell, The World Viewed). This fact of film seems to point to a paradox of time in our experience of movies: we are present at something that has happened, something that is over. But what if we were to take this fact to show that film has the power to place us outside our ordinary, unreflective relation to (...) time? In this essay I examine three pre-cinematic descriptions of relations to time – in Emerson, Thoreau, and Weil – that anticipate the paradox of time inherent in film. I then put that examination to use in a reading of Werner Herzog's Cave of Forgotten Dreams, a film ostensibly about prehistoric cave paintings but whose achievement is its declaration, not to document some past time, but to liberate the present moment. (shrink)

The ecologist today finds scarce ground safe from controversy. Decisions must be made about what combination of data, goals, methods, and theories offers them the foundations and tools they need to construct and defend their research. When push comes to shove, ecologists often turn to philosophy to justify why it is their approach that is scientific. Karl Popper’s image of science as bold conjectures and heroic refutations is routinely enlisted to justify testing hypotheses over merely confirming them. One of the (...) most controversial theories in contemporary science is the Neutral Theory of Ecology. Its chief developer and proponent, Stephen Hubbell, presents the neutral theory as a bold conjecture that has so far escaped refutation. Critics of the neutral theory claim that it already stands refuted, despite what the dogmatic neutralists say. We see the controversy through a Popperian lens. But Popper’s is an impoverished philosophy of science that distorts contemporary ecology. -/- The controversy surrounding the neutral theory actually rests on a methodological fault. There is a strong but messy historical link between the concepts of being neutral and being null in biology, and Hubbell perpetuates this when he claims that the neutral theory is supplies the appropriate null for testing alternative theories. What method is being followed here? There are three contenders: -/- Null hypothesis testing tests for whether a there is a pattern to be explained. Null modeling tests for whether a process is causally relevant to a pattern. Baseline modeling apportions relative responsibility to multiple processes each relevant to a pattern. -/- Whether the neutral theory supplies an appropriate “null” depends upon whether null hypothesis, null modeling, or baseline model is intended. These methods prescribe distinct inference patterns. If they are null hypothesis testing or null modeling, the neutralists’s reasoning is invalid. If they are baseline modeling, the justification of a crucial assumption remains opaque. Either way, the neutral-null connection is being exploited rhetorically to privilege the neutral theory over its rivals. Clarifying the reasoning immunizes us against the rhetoric and foregrounds the underlying virtues of the neutralist approach to ecology. -/- The Popperian lens distorts theoretical development as dogmatism. Lakatos’s view of science as the development of research programmes clarifies the epistemology of the neutral theory. Focusing philosophical attention on the neutralist research programme illuminates (1) the synchronic uses of the neutral theory to make predictions and give descriptions and explanations; (2) its diachronic development in response to theoretical innovation and confrontation with data; (3) its complex relationships to alternative theories. For example, baseline modeling is now seen to be its primary explanatory heuristic. The justification for baseline modeling with the neutral theory, previously hidden from view, is seen in the logic of in the neutralist research programme. (shrink)

A representationalist-friendly introduction to representationalism which covers a number of central problems and objections.

This paper draws upon the works of Wilfred Sellars, Jerry Fodor, and Ruth Millikan to argue against epistemological holism and conceptual holism. In the first section, I content that contrary to confirmation holism, there are individual beliefs ("basic beliefs") that receive nondoxastic/noninferential warrant. In the earliest stages of cognitive development, modular processes produce basic beliefs about how things are. The disadvantage of this type of basic belief is that the person may possess information that should have defeated the belief but (...) that was not taken into account in the module's operations. For this reason, at more advanced stages of cognitive development, basic beliefs concern how things appear to be. These appearance beliefs are not formed holistically but should be checked against background beliefs before the person infers how things are. In the second section, I argue against functional-role/inferential-role semantics. Championing teleosemantics, I argue that many concepts' meanings are not determined by the meanings of other concepts. Rather, many concepts are skills of knowing how to identify of what the concept is. These skills can be developed independently of other beliefs or skills and are, in an important sense, theory-neutral. (shrink)