The current COVID-19 pandemic and the previous SARS/MERS outbreaks of 2003 and 2012 have resulted in a series of major global public health crises. We argue that in the interest of developing effective and safe vaccines and drugs and to better understand coronaviruses and associated disease mechenisms it is necessary to integrate the large and exponentially growing body of heterogeneous coronavirus data. Ontologies play an important role in standard-based knowledge and data representation, integration, sharing, and analysis. Accordingly, we initiated the (...) development of the community-based Coronavirus Infectious Disease Ontology in early 2020. -/- As an Open Biomedical Ontology (OBO) library ontology, CIDO is open source and interoperable with other existing OBO ontologies. CIDO is aligned with the Basic Formal Ontology and Viral Infectious Disease Ontology. CIDO has imported terms from over 30 OBO ontologies. For example, CIDO imports all SARS-CoV-2 protein terms from the Protein Ontology, COVID-19-related phenotype terms from the Human Phenotype Ontology, and over 100 COVID-19 terms for vaccines (both authorized and in clinical trial) from the Vaccine Ontology. CIDO systematically represents variants of SARS-CoV-2 viruses and over 300 amino acid substitutions therein, along with over 300 diagnostic kits and methods. CIDO also describes hundreds of host-coronavirus protein-protein interactions (PPIs) and the drugs that target proteins in these PPIs. CIDO has been used to model COVID-19 related phenomena in areas such as epidemiology. The scope of CIDO was evaluated by visual analysis supported by a summarization network method. CIDO has been used in various applications such as term standardization, inference, natural language processing (NLP) and clinical data integration. We have applied the amino acid variant knowledge present in CIDO to analyze differences between SARS-CoV-2 Delta and Omicron variants. CIDO's integrative host-coronavirus PPIs and drug-target knowledge has also been used to support drug repurposing for COVID-19 treatment. -/- CIDO represents entities and relations in the domain of coronavirus diseases with a special focus on COVID-19. It supports shared knowledge representation, data and metadata standardization and integration, and has been used in a range of applications. (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)

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)

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)

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)

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)

In some sense, survival seems to be an intrinsic matter. Whether or not you survive some event seems to depend on what goes on with you yourself —what happens in the environment shouldn’t make a difference. Likewise, being a person at a time seems intrinsic. The principle that survival seems intrinsic is one factor which makes personal fission puzzles so awkward. Fission scenarios present cases where if survival is an intrinsic matter, it appears that an individual could survive twice over. (...) But it’s well known that standard notions of “intrinsicality” won’t do to articulate the sense in which survival is intrinsic, since ‘personhood’ appears to be a maximal property. We formulate a sense in which survival and personhood (and perhaps other maximal properties) may be almost intrinsic—a sense that would suffice, for example, to ground fission arguments. It turns out that this notion of almost-intrinsicality allows us to formulate a new version of the problem of the many. (shrink)

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

This article examines where Kant stands on the question of the redistribution of wealth and income both nationally and globally. Kant is rightly seen as a radical reformer of the world order from a political standpoint seeking a republican, federative worldwide system; can he also be seen as wanting to bring about an equally dramatic shift from an economic perspective? To answer this question we have first of all to address the question of whether he is an egalitarian or an (...) inegalitarian at the national level. Certainly there are certain social and material inequalities within a civil society Kant is prepared to accept and there are some he is not. This would imply that he would affirm certain inequalities at an international level and that there are others upon which he would recommend action. Thus the question arises as to whether or not it is appropriate for Kantians to regard the current enormous inequalities in wealth and income between individuals living in different parts of the globe as scandalous and in need of change. The paper throughout relates the problem of distributive justice within the state to the problem of distributive justice amongst states, arguing that this approach is warranted by Kant's own method. Particular attention is paid to how Kant's own approach to political philosophy may be deployed to underpin a change to a distinctive type of international distributive justice. (shrink)

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

It is natural to say that when we acquire a new concept or concepts, or grasp a new theory, or master a new practice, we come to see things in a new way: we perceive phenomena that we were not previously aware of; we come to see patterns or connections that we did not previously see. That natural idea has been applied in many areas, including the philosophy of science, the philosophy of religion, and the philosophy of language. And, in (...) reflecting on the character of philosophy itself, Wittgenstein himself associates the introduction of a new concept in philosophy with the discovery of a new way of looking at things (PI §401), and says that the point of presenting us with an imagined example may be to change our way of looking at things (PI §144). The paper considers four interrelated questions about this association between seeing-as and change, novelty, or innovation. 1. Is there an important difference between the case where the change in someone’s way of seeing things involves the invention or discovery of a completely new concept, a completely new theory etc., and the case where it involves the person’s coming to understand an existing concept or theory? 2. Is there a special connection between seeing-as and conceptual or theoretical change or creativity: a connection that does not obtain between seeing-as and using or applying a familiar theory or system of concepts? 3. In cases where seeing-as is associated with novelty or creativity, is there any sense in which the fact that someone sees things in a new way can help to explain their conceptual or theoretical creativity? 4. To the extent that there is some association between seeing-as and novelty or creativity, why if at all does it matter that one experiences things in a certain way? Would someone who was aspect-blind be any worse off with respect to creativity or innovation than the rest of us? And if so, why? (shrink)

Although at first glance, “facts” are the paradigms of straightforwardness, something about facts seems to invite perpetual controversy and dichotomizing. Innumerable bifurcations on the topic have included "Facts vs. Theories”, “Facts vs. Appearance”, "Facts vs. Values", ... and, popular nowadays, "(Real)Facts vs. Fake Facts". This paper most aligns with the facts vs. theories model, so far as whatever facts are, theories seem to be constructed stories that are necessary for connecting and interpreting the facts. Yet the boundary between the two (...) is fluid and fuzzy: Fact in one context is theory in another, depending on what is being accepted or contested at the time. This paper’s views are compatible with—but neutral on the plausibility of having—an optimism like Peirce’s that scientific inquiry may nonetheless converge towards a consensus. To illustrate the challenges of finding “straightforward” facts, the paper includes a case example, related to research on possible health effects of exposure to electromagnetic-field radiation (EMF). _ The source paper for this 2018 update was originally presented at the University of Waterloo 30th Anniversary Philosophy Conference, 1993. (shrink)

In this paper we argue that moral deference is prima facie obligatory in cases in which the testifier is a member of a marginalized social group that the receiver is not and testifies about their marginalized experience. We distinguish between two types of deference: epistemic deference, which refers to believing p in virtue of trusting the testifier, and actional deference, which involves acting appropriately in response to the testimony given. The prima facie duty we propose applies to both epistemic and (...) actional deference, though defeaters may quash either or both obligations. Even if one fails to epistemically defer to the marginalized testifier, we argue that they may still be ethically obligated to act in accordance with their testimony. (shrink)

ABSTRACT Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves (...) sensibilities and virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (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)

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)

It is commonly assumed that facts would be complex entities made out of particulars and universals. This thesis, which I call Compositionalism, holds that parthood may be construed broadly enough so that the relation that holds between a fact and the entities it ‘ties’ together counts as a kind of parthood. I argue firstly that Compositionalism is incompatible with the possibility of certain kinds of fact and universal, and, secondly, that such facts and universals are possible. I conclude that Compositionalism (...) is false. What all these kinds of fact and universal have in common is a violation of supplementation principles governing any relation that may be intelligibly regarded as a kind of parthood. Although my arguments apply to Compositionalism generally, I focus on recent work by David Armstrong, who is a prominent and explicit Compositionalist. (shrink)

This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and (...) philosophy. Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

Wittgenstein's lack of sympathy for Shakespeare's works has been well noted by George Steiner and Harold Bloom among others. Wittgenstein writes in 1950, for instance: "It seems to me as though his pieces are, as it were, enormous sketches, not paintings; as though they were dashed off by someone who could permit himself anything, so to speak. And I understand how someone may admire this & call it supreme art, but I don't like it." Of course, the animosity of one (...) great mind for another has its own interest. But the interest here is increased by two factors: (1) Wittgenstein's brief but specific critique of Shakespeare's similes, of interest particularly since he identifies his own philosophical strength half-deprecatingly but still seriously as one of crafting beautiful similes; and (2) Wittgenstein's and Shakespeare's shared concern, as revealed in Stanley Cavell's writings, with the human impulse to skepticism. The present paper considers the importance of these two factors in weighing Wittgenstein's judgment. It suggests that Wittgenstein's frequent charge that Shakespeare is "completely unrealistic" is not a misunderstanding of the Bard (Wittgenstein distinguishes his "failure to understand" from others' willingness to misunderstand Shakespeare) but rather an expression of Wittgenstein's anxiety over Shakespeare's wholly original use of language to represent the sound of the raw motives to skepticism. (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)

The persistent interpretation problem for quantum mechanics may indicate an unwillingness to consider unpalatable assumptions that could open the way toward progress. With this in mind, I focus on the work of David Bohm, whose earlier work has been more influential than that of his later. As I’ll discuss, I believe two assumptions play a strong role in explaining the disparity: 1) that theories in physics must be grounded in mathematical structure and 2) that consciousness must supervene on material processes. (...) I’ll argue that the first assumption appears to lead us toward Everett’s many worlds interpretation, which suggests a red flag. I’ll also argue that the second assumption is suspect due to the persistent explanatory gap for consciousness. Later, I explore ways that Bohm’s later work holds some promise in providing a better fit with our world, both phenomenologically and empirically. Also, I’ll address the possible problem of realism. (shrink)

Recent evidence points to widespread underconnectivity in autistic brains owing to deviant white matter, the fibers that make long connections between areas of the cortex. Subjects with autism show measurably fewer long-range connections between the parietal and prefrontal cortices. These findings may help shed light on the current debate in the consciousness literature about whether conscious states require both prefrontal and parietal/temporal components. If it can be shown that people with autism have conscious states despite such underconnectivity, this would constitute (...) an argument for the claim that conscious states can exist in posterior cortex without associated prefrontal activity. This in turn lends support to a class of theories according to which microconsciousness is possible—consciousness in small areas of cortex without active connections to the prefrontal cortex, as opposed to the higher-order thought (HOT) theory of consciousness, according to which conscious states can only occur when posterior cortical areas (in the parietal or temporal lobes) have active connections to the prefrontal cortex. In this chapter, after listing several candidate examples of consciousness without accompanying prefrontal connections, I will argue that autism provides yet another such example. I will also examine a recent version of the higher-order theory that acknowledges these cases of consciousness without prefrontal activity and, instead depicts consciousness as requiring higher-order thoughts located in posterior cortex. In the final section, I will examine the consequences of these views for our understanding of the metaphysical nature of consciousness itself—the classic mind-body problem. (shrink)

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

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)

ABSTRACT: In this essay I provide one methodology that yields the level of analysis of an alleged knowledge-claim under investigation via its relations to varying gradations of scepticism. Each proposed knowledge-claim possesses a specified relationship with: (i) a globally sceptical argument; (ii) the least sceptical but successful argument that casts it into doubt; and (iii) the most sceptical yet unsuccessful argument, which is conceivably hypothesized to repudiate it but fails to do so. Yielding this specified set of relations, by means (...) of proceeding from global scepticism to (ii) and (iii), increases the chances of identifying the highest evaluative relevancy of the levels of analysis and observation of an alleged knowledge-claim. I argue that the failure to analyse and derive a difference between (i) and (ii) with respect to an alleged knowledge-claim signifies that the claim is grounded within the theoretical framework itself, that the claim lacks specification with regard to content that is analysable via that framework, and the claim is dubious insofar as alternative theoretic frameworks may present greater relevancy to levels of observation. KEYWORDS: knowledge, scepticism, perception, level of observation, magnification level, methodological scepticism. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

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

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

In the face of continuing assumptions by many scientists and journal editors that p-values provide a gold standard for inference, counter warnings are published periodically. But the core problem is not with p-values, per se. A finding that “p-value is less than α” could merely signal that a critical value has been exceeded. The question is why, when estimating a parameter, we provide a range (a confidence interval), but when testing a hypothesis about a parameter (e.g. µ = x) we (...) proceed as if “=” entails exact equality of the parameter with x. That standard is hard to meet, and is not a standard expected for power calculations, where we are satisfied to reject a null hypothesis H0 if the result is merely “detectably” different from (exact) H0. This paper explores, with resampling (simulation) methods, the impacts on p-values, and alternatives, if the null hypothesis is defined as a thick or thin range of values. It also examines, empirically, the extent to which the p-value may or may not be a good predictor of the probability that H0 is true, given the distribution of the data. (shrink)

The movement called Experimental Philosophy (‘x-Phi’) has now passed its tenth anniversary. Its central insight is compelling: When an argument hinges on accepting certain ‘facts’ about human perception, knowledge, or judging, the evoking of relevant intuitions by thought experiments is intended to make those facts seem obvious. But these intuitions may not be shared universally. Experimentalists propose testing claims that traditionally were intuition-based using real experiments, with real samples. Demanding that empirical claims be empirically supported is certainly reasonable; though experiments (...) are not necessarily the only means available. When experiments are conducted, adequately interpreting their results requires understanding the study’s design (and possibly flaws) that produced them. Experiment-based reports should document the design clearly. If Plato, writing his Meno, replaced accounts of Socrates demonstrating geometry to a slave-boy, with a survey of 100 real boys—some grasping his demonstrations, others not—what conclusions could be reached? Before answering, the reader needs details on key design questions, including (among others): (a) What population are these samples intended to represent? (E.g., ‘all slave boys’?; ‘math-ignorant people’?; ‘everyone’?) (b) What statistical tests were conducted, on what assumptions? (c) How was ‘significance’ of results determined? (d) Was the test instrument’s validity established? For readers wishing to explore x-Phi’s potentials, as contributors or as interpreters of their findings, this paper offers some cautionary considerations. Throughout their literature, examples can be found casting doubt on some experimentalists’ findings, due to design-related issues. Increased awareness of methodological questions would tighten the x-phi literature, going forward . (shrink)

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)

It is shown through examples ranging from Parmenides and Plato to Whitehead and Wittgenstein that beauty is central among the values that have made metaphysical theories appealing and credible. A common attitude would be that the aesthetic properties of metaphysical theories may be important for effective presentation but are irrelevant to the cognitive value of the theories. This however is question-begging, since it assumes without argument that ultimate reality is indifferent to ’value considerations’ such as beauty. If on the contrary (...) we allow that the aesthetic properties of theories may be cognitively relevant, which such properties should be considered? This question is explored in the final section of the paper. (shrink)

*This work has turned into a bigger project, and some of it is published in "Lewis on reference".* Some things, argues Lewis, are just better candidates to be referents than others. Even at the cost of attributing false beliefs, we interpret people as referring to the most interesting kinds in their vicinity. How should this be accounted for? In section 1, I look at Lewis’s interpretationism, and the reference magnetism it builds in (not just for ‘perfectly natural’ properties, but for (...) certain kinds of auxiliary apparatus). In section 2, I draw on (Field, 1975) to argue that what properties are reference magnetic may be an ultimately conventional matter—though in the Lewisian setting, there may be an objectively best conventional choice to make. But Lewis’s own account has implausible commitments, so in section 3 I consider variations and alternatives, all of which have problems. In section 4, I look in more detail at eligibility-based interpretationism that do not appeal to naturalness, arguing that there are credible metasemantic theories of this form. (shrink)

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

We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even if (...) meant to be rehabilitative. Therein lies an oddity: paternalist criminal law—and thepresumably rehabilitativepunishments that serve as responses to infringements of such laws—is meant to help the actor but in fact has the opposite effect on net. Incarceration is particularly problematic on this front as it harms the alleged criminal in ways that go beyond the harm they would have caused themselves. Incarceration also may undermine the actor’s ability to improve his decision-making abilities or his moral character. The effects of the punishment also drift to others—family and friends, as well as business associates, of the punished. Paternalists, inasmuch as they are motivated by beneficence or concern about moral character, must account for all of these costs as threats to well-being and the conditions for acting morally. Given the link between paternalism and incarceration, we propose that if we are to take seriously the problem of over-incarceration in the U.S., we must reconsider the use of paternalism in criminal law; we sketch several alternatives. We believe paternalists should support our resistance to incarceration and seriously consider these alternatives. (shrink)

This paper updates (2017) a previously-presented* model of models, which can be used to clarify discussion and analysis in a variety of disputes and debates, since many such discussions hinge on displaying or implying models about how things are related. Knowing about models does not itself supply any new information about our world, but it might help us to recognize when and how information is being conveyed on these matters, or where possibly it is being obscured. If a claim P (...) is expressed in the context of a certain model, a disagreement about P may actually not be about whether the underlying model is accurate; it could reflect misunderstandings about the model’s assumptions or conventions. Also, in practice, constructed models are rarely fully elaborated for every detail, so misunderstandings can arise from apparent “gaps” in the model. In that case, developing and considering complementary versions of models can sometimes clarify ambiguities. Following the main analysis are several extended Case examples to illustrate the wide applicability of the models approach, for clarifying, if not necessarily “resolving”, numerous debates and issues. For example, a famous “counter example” by Nelson Goodman to a logical model proposed by Carnap is shown to be not as deal-breaking as presumed historically, if only plausible complementary models had been explored. And models sometimes presented as competing in Artificial Intelligence research— “Declarative” versus “Procedural”—can instead be viewed as good examples of “complementary” models. Also reconsidered in this light are some well-known, competing positions, by Russell, Strawson, and Kripke, in the literature regarding names, pointing, definite descriptions and “using” sentences, and so on. All these concepts are locatable within the presently proposed models analysis. Questions such as where “truth” resides (whether in sentences or in uses of sentences) are not settled in this paper; yet, practical questions about how testable claims about the world can be expressed by models are clarified. _* Original version presented at a University of Waterloo Philosophy Colloquium 1984. (shrink)

One of the final obstacles to understanding consciousness in physical terms concerns the question of whether conscious states can exist in posterior regions of the brain without active connections to the brain's prefrontal lobes. If they can, difficult issues concerning our knowledge of our conscious states can be resolved. This paper contains a list of types of conscious states that may meet this criterion, including states of coma, states in which subjects are absorbed in a perceptual task, states in brains (...) with damaged prefrontal lobes, states of meditation and conscious states of some infants and animals. Recent evidence also suggests that conscious states of some people with autism may meet this criterion. (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

We present a theory of human artistic experience and the neural mechanisms that mediate it. Any theory of art has to ideally have three components. The logic of art: whether there are universal rules or principles; The evolutionary rationale: why did these rules evolve and why do they have the form that they do; What is the brain circuitry involved? Our paper begins with a quest for artistic universals and proposes a list of ‘Eight laws of artistic experience’ -- a (...) set of heuristics that artists either consciously or unconsciously deploy to optimally titillate the visual areas of the brain. One of these principles is a psychological phenomenon called the peak shift effect: If a rat is rewarded for discriminating a rectangle from a square, it will respond even more vigorously to a rectangle that is longer and skinnier that the prototype. We suggest that this principle explains not only caricatures, but many other aspects of art. Example: An evocative sketch of a female nude may be one which selectively accentuates those feminine form-attributes that allow one to discriminate it from a male figure; a Boucher, a Van Gogh, or a Monet may be a caricature in ‘colour space’ rather than form space. Even abstract art may employ ‘supernormal’ stimuli to excite form areas in the brain more strongly than natural stimuli. Second, we suggest that grouping is a very basic principle. The different extrastriate visual areas may have evolved specifically to extract correlations in different domains , and discovering and linking multiple features into unitary clusters -- objects -- is facilitated and reinforced by direct connections from these areas to limbic structures. In general, when object-like entities are partially discerned at any stage in the visual hierarchy, messages are sent back to earlier stages to alert them to certain locations or features in order to look for additional evidence for the object . Finally, given constraints on allocation of attentional resources, art is most appealing if it produces heightened activity in a single dimension rather than redundant activation of multiple modules. This idea may help explain the effectiveness of outline drawings and sketches, the savant syndrome in autists, and the sudden emergence of artistic talent in fronto-temporal dementia. In addition to these three basic principles we propose five others, constituting a total of ‘eight laws of aesthetic experience’. (shrink)

Neil Sinhababu and I presented Backward Clock, an original counterexample to Robert Nozick’s truth-tracking analysis of propositional knowledge. Fred Adams, John Barker and Murray Clarke argue that Backward Clock is no such counterexample. Their argument fails to nullify Backward Clock which also shows that other tracking analyses, such as Dretske’s and one that Adams et al. may well have in mind, are inadequate.

Global capitalism is the politico-economic structure that subjects everything to its interests. It creates unimaginable poverty, ecological crisis, the ongoing pandemic, wars without end, and other horrors that humans can inflict against each other. Within this capitalist configuration, an idea and a political movement emerged that seeks to destroy the foundation of this system. Communism is this idea and political movement. The foundation of capitalism that they wanted to dismantle is private bourgeois property. In general, the Bolshevik revolution did destroy (...) that foundation, but this was not enough. It only resulted in the eventual transformation of the party as the collectivized bourgeoisie with its authoritarian state apparatus. It transformed this bourgeois-liberal capitalism into state-run capitalism. The revolutionary class that was supposed to be emancipated, remained as they were in capitalism, producer of the means of subsistence and surplus value. The eventual dissolution of the Soviet Union did not mean that the idea of communism is already dead. It should have been the perfect time to reassess the theoretical foundations of communism and test the ideas of Marx and others in their practical-idealistic form. The production and reproduction of capitalist social relations create everyday consciousness for all capitalist subjects, even to passionate communist revolutionaries. This is how ideology works. But the continuing havoc of global capitalism continues. The Left goes on with their same old traditions. They do not see that precisely ii their unceasing failure is one of the conditions for capitalism and its state apparatus to have the capacity to reinvent itself. In Pandemic 2: Chronicles of a Time Lost, Slovenian-born philosopher and global thinker Slavoj Zizek said that capitalism is incapable of solving the Covid-19 crisis. In his more than a thousand-page book paradoxically called Less Than Nothing, he said that ‘really existing’ socialism failed because it was ultimately a subspecies of capitalism. Can we utilize this Zizekian idea of communism, an idea that generates criticism both to capitalism and 20th-century communism to reinvent communism for it to revitalize its struggle against global capitalism? To answer this question, I employed Critical Theory through the ideas of communism of Zizek. I started with capitalism’s totality. It manifests itself in the world of commodities. Commodities are everywhere and almost in everything. Commodification not only involves things that man uses but humanity herself is commodified. Then I elaborated on the notion of the proletariat because she is the “commodified man” personified. The identification of the proletariat almost exclusively with factory workers is the prevailing idea in the Left movement. I tried to show that the proletariat is the overwhelming majority in every industry. Capitalism, I claim is both producing employment and unemployment. And the unemployed, not only are included as members of the proletarian class, but looking at it objectively, they may play a significant role in the political struggle of the proletariat against the bourgeoisie. Therefore, as I tried to describe in quite a detailed fashion the various industries of capitalism and the sub-groups of the unemployed, it becomes evident that even without mentioning it, the proletariat is the class that almost everyone belongs to, except, as might be expected, the bourgeoisie. -/- Then I mustered the audacity to question Marx and Engels’ Communist Manifesto. I also tried to imagine what will happen to the economic categories in Marx’s Capital in communism. My objective was to identify what is lacking in Marx that may explain the Left’s unending failure. I think I succeeded, although in a very superficial manner, in trying to locate what was missing in Marx’s theory. It was not enough to transform the bourgeois property into public property, but this transformation must stop commodity production itself. Commodity production is this self-perpetuating character of capitalist production. Then it led to further elucidation of the metamorphosis of commodity production to the production of human needs. Another idea is the double negation of the communist revolution. Communism must not only negate the bourgeois class but the proletariat herself. Marx only emphasized the dissolution of the bourgeoisie but failed to relate this dissolution to the proletariat’s self-negation. Absolutely, the significant reduction of working hours is fundamental for communism. This reduction must result from the conscious expansion of the workers' free time. Expanding free time is at the same time reducing time for production. Essentially, this is the process of the self-negation of the proletariat. I also tried to put forward an idea that directly links reform and revolution. They are directly linked with each other because both are communistic. A communist campaign for higher wages is directly involved with the communist expansion of political power. Communist reform becomes revolutionary. Concomitantly, the notion of revolution also changes. The communist revolution, instead of it being a sudden, external, and most often violent event, becomes an internal transformative process and possibly less violent. I concluded by transforming the concepts I think Marx missed into political possibilities. That is why I expounded on the immediate aims Marx and Engels enumerated in the Communist Manifesto and tried to claim the probability of the impossible in the communist struggle for political power and Man’s eventual freedom. -/- Marx's description of factory work creates no illusion about the status of freedom in capitalism. In Capital, he said that “factory work... confiscates every atom of freedom, both bodily and in intellectual activity.” And I think Marx made clear that the only way to freedom is ultimately to destroy capitalism. These words of his in Capital will cast no doubt, “the knell of capitalist private property sounds. The expropriators are expropriated.” And to signify who are those experiencing this unfreedom, Marx and Engels summon the subject of the revolution in their famous lines in the Communist Manifesto and urge them to fight, “the proletarians have nothing to lose but their chains. They have a world to win.” Today is the time for philosophy because it is the age of declining freedom. But the prevailing capitalist structure is necessitating this unfreedom. And for philosophy to become what it is, communism should become philosophy. (shrink)

This study’s objective was to understand Colombian adolescents’ experiences and preferences regarding access to sexual and reproductive health services (SRHS), either alone or accompanied. A mixed-method approach was used, involving a survey of 812 participants aged eleven to twenty-four years old and forty-five semi-structured interviews with participants aged fourteen to twenty-three. Previous research shows that adolescents prefer privacy when accessing SRHS and often do not want their parents involved. Such findings align with the longstanding tendency to frame the ethical principle (...) of autonomy as based on independence in decision-making. However, the present study shows that such a conceptualization and application of autonomy does not adequately explain Colombian adolescent participants’ preferences regarding access to SRHS. Participants shared a variety of preferences to access SRHS, with the majority of participants attaching great importance to having their parents involved, to varying degrees. What emerges is a more complex and non-homogenous conceptualization of autonomy that is not inherently grounded in independence from parental involvement in access to care. We thus argue that when developing policies involving adolescents, policymakers and health professionals should adopt a nuanced “relational autonomy” approach to better respect the myriad of preferences that Colombian (and other) adolescents may have regarding their access to SRHS. (shrink)

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

Purpose – With the growing demand for ethical standards in the prevailing business environment, ethical leadership has been under increasingly more focus. Based on the social exchange theory and social learning theory, this study scrutinized the impact of ethical leadership on the presentation of ethical conduct by employees through the ethical climate. Notably, this study scrutinized the moderating function of the person organization fit (P-O fit) in relation to ethical climate and the ethical conduct of employees. -/- Design/methodology/approach – To (...) evaluate the research hypotheses, two-wave data were collected from 295 individuals who are currently employed in various Iraqi organizations (i.e. manufacturing, medical, and insurance industries). -/- Findings – In line with the hypotheses, the outcomes from a sample of 295 workers working in different Iraqi entities exhibited a positive relationship between the ethical behavior of leaders and the ethical conduct of employees in the ethical climate. Moreover, it was observed that the P-O fit of employees moderated the relationship between ethical climate and the ethical conduct of employees such that the relationship was more robust for those with a high P-O fit in comparison to those with a low P-O fit. -/- Research limitations/implications – The primary limitation of this study is in the data, which was obtained from a single source. Although the study conducted two surveys and utilized a mediation and moderation variables model that was less likely to be influenced by common method bias (CMB) (Podsakoff et al., 2012), one cannot completely rule out CMB. Apart from the potential effects of the CMB, the consistency of the empirical findings could have also been compromised since self-reported data were utilized in measuring ethical behavior, which can be a very complex and sensitive issue. For this reason, the social desirability response bias cannot be ruled out completely. When possible, future studies must gather data from multiple sources. Furthermore, supervisors must evaluate the ethical behavior of employees. Another limitation was that the findings of this study were based on a sample in a Middle Eastern cultural context such as in Iraq. Perhaps, the particular cultural features of this context, which encompassed, among other things, strong adherence to religious values (Moaddel, 2010), could have influenced the findings of this study. It is true that the effects of differences (P–O fit) are highly likely to replicate across cultural contexts (Triandis et al., 1988). However, it can be seen that further studies are needed to evaluate the context-sensitivity of these findings (Whetten, 2009) by analyzing other cultures, where the importance of religiosity is on the decline (i.e. in Western countries, Ribberink et al., 2018) or where the cultural features are very much different from those that apply to Iraq. Lastly, other external factors were not taken into account by this study as it tried to explain ethical behavior. Ethics is a highly complex subject and is influenced by numerous variables at the organizational, individual, and external environment levels. Thus, caution must be observed when making inferences from the present study which, to a certain degree, offered a simplified version of ethical behavior by concentrating on a few variables such as the Arab culture’s traditional ideology, which dominates even science (Abu Khalil, 1992). In addition, there are political conflicts in the Middle Eastern cultural context such as what is happening in Iraq (Harff, 2018). Thus, it is important to include such aspects in future researches. -/- Practical implications – In terms of management, the findings send a clear signal to those in the upper echelon that, without ignoring the issue of ethics in organizations, employees are a critical aspect to be taken into account to encourage ethical behavior at the workplace. This study has important practical implications. First, this study determined that ethical leadership (here, of the supervisors) positively influences the behavior of subordinates (refers to the supervisors here); this, in turn, further improves the ethical behavior of employees. It is vital that managers or supervisors are motivated to practice ethical leadership because they directly influence the employees. It has been suggested that top managers, especially chief executive officers, have the ability to shape the ethical climate, which also influences the ethical behavior of employees further. This study offered several feasible ways that managers can apply to achieve that. In particular, top managers may utilize the ethical climate as a way of communicating the ethical values that they have to their subordinates, thereby serving as a motivation for the subordinates to adopt ethical behavior. It was also suggested by this study that ethical climate and the P–O fit may, to some degree, substitute each other as they influence the ethical behavior of employees. Therefore, firms that were identified to have a low level of ethical standards, practices, and policies, at least from the employees’ perspective, are better poised to conduct ethical issues in order to construct the ethical behavior of their subordinates. More importantly, it is highly essential that the value congruence between an organization and its followers be considered. -/- Social implications – This study highlighted the notion of ethics and how it’s essential for society. Ethics refers to the norms, standards, and values that direct the behavior of an individual. Ethical behavior is vital in society because we need to be treated with respect as human beings. -/- Originality/value – This study responds to recent calls for more research to identify factors that may strengthen or mitigate the influence of ethical behavior in the workplace such as ethical leadership, ethical climate, and Person–Organization. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

The purpose of this essay is to point out the diversity in post-Proppian plot analysis—and, more specifically, to argue that within it one can discern two fundamentally different conceptions of narrative structure. These are not merely different theoretical grids superimposed upon the same phenomena, but represent, in fact, two objectively different types of narrative structure. These two types will be referred to as dramatic structure and instrumental structure, and they may be succinctly characterized by the antonyms 'play' and 'work' respectively. (...) It will be argued that there is a basis in Propp for both conceptions of narrative structure and that Bremond and Greimas, in their efforts to 'generalize' Propp, have each only isolated one of two tendencies coexisting in his analytic approach. Our point of departure will be Propp's concept of the basic unit of plot structure, which he terms the function. This is a complex term. Two senses are distinguished, biological and mathematical-logical. (shrink)

Govier conceives of forgiveness as “a process of overcoming attitudes of resentment and anger that may persist when one has been injured by wrongdoing” (viii). She offers an account of bilateral, unilateral, and mutual forgiveness. Her work has pronounced political import in that she argues that attitudes and dispositions can be attributed to groups, that groups can suffer harm, and that groups can be responsible agents of wrongdoing. As a consequence, Govier contends that groups can forgive. Her method is to (...) employ a host of examples taken from recent (World War II and after) history, sprinkle in a few invented examples, and lay out long-winded and typically repetitive arguments. The result is an occasionally provocative and often overly one-sided treatment punctuated by earnestness. (shrink)

Proponents of the extended mind have suggested that phenomenal transparency may be important to the way we evaluate putative cases of cognitive extension. In particular, it has been suggested that in order for a bio-external resource to count as part of the machinery of the mind, it must qualify as a form of transparent equipment or transparent technology. The present paper challenges this claim. It also challenges the idea that phenomenological properties can be used to settle disputes regarding the constitutional (...) status of bio-external resources in episodes of extended cognizing. Rather than regard phenomenal transparency as a criterion for cognitive extension, we suggest that transparency is a feature of situations that support the ascription of certain cognitive/mental dispositional properties to both ourselves and others. By directing attention to the forces and factors that motivate disposition ascriptions, we arrive at a clearer picture of the role of transparency in arguments for extended cognition and the extended mind. As it turns out, transparency is neither necessary nor sufficient for cognitive extension, but this does not mean that it is entirely irrelevant to our understanding of the circumstances in which episodes of extended cognizing are apt to arise. (shrink)