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)

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

This article proposes a new interpretation of mutual information. We examine three extant interpretations of MI by reduction in doubt, by reduction in uncertainty, and by divergence. We argue that the first two are inconsistent with the epistemic value of information assumed in many applications of MI: the greater is the amount of information we acquire, the better is our epistemic position, other things being equal. The third interpretation is consistent with EVI, but it is faced with the problem of (...) measure sensitivity and fails to justify the use of MI in giving definitive answers to questions of information. We propose a fourth interpretation of MI by reduction in expected inaccuracy, where inaccuracy is measured by a strictly proper monotonic scoring rule. It is shown that the answers to questions of information given by MI are definitive whenever this interpretation is appropriate, and that it is appropriate in a wide range of applications with epistemic implications. _1_ Introduction _2_ Formal Analyses of the Three Interpretations _2.1_ Reduction in doubt _2.2_ Reduction in uncertainty _2.3_ Divergence _3_ Inconsistency with Epistemic Value of Information _4_ Problem of Measure Sensitivity _5_ Reduction in Expected Inaccuracy _6_ Resolution of the Problem of Measure Sensitivity _6.1_ Alternative measures of inaccuracy _6.2_ Resolution by strict propriety _6.3_ Range of applications _7_ Global Scoring Rules _8_ Conclusion. (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.

It is widely thought in philosophy and elsewhere that parsimony is a theoretical virtue in that if T1 is more parsimonious than T2, then T1 is preferable to T2, other things being equal. This thesis admits of many distinct precisifications. I focus on a relatively weak precisification on which preferability is a matter of probability, and argue that it is false. This is problematic for various alternative precisifications, and even for Inference to the Best Explanation as standardly understood.

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

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.

We can know some things about each others' mental lives. The view that some of this knowledge is genuinely perceptual is getting traction. But the idea that we can see any of each others' mental states themselves - the Simple Perceptual Hypothesis - remains unpopular. Very often the view that we can perceptually know, for example, that James is angry, is thought to depend either on our awareness of James' expression or on the way James appears - versions of what (...) I call the Expressive Hypothesis. The Expressive Hypothesis is intuitive. But in this chapter I argue that it does not allow us to do away with the thought that we sometimes perceive people's mental states. I take my arguments to provide some tentative support for the Simple Perceptual Hypothesis. (shrink)

This chapter explains how mindmelding — the direct experience by one person of another's conscious states — is in fact possible. The temporal lobes causally interact with the prefrontal lobes by way of fiber bundles that run underneath the cortical surface. This provides the perfect first experiment in mindmelding: to ‘branch’ those fiber bundles and run the other end into the brain of another person. Evidence is provided that these bundles have close connections to consciousness, in that whatever affects them (...) has immediate effects on consciousness. Then, before responding to several objections, the chapter considers another issue brought up by these experiments — the question of the relation between mindmelding and mindreading. Is mindmelding similar to mindreading? Does the existence of a mindreading system help us achieve mindmelding? (shrink)

Marilyn Adams rightly pointed out that there are many kinds of evil, some of which are horrendous. I claim that one species of horrendous evil is what I call horrendous-difference disabilities. I distinguish two subspecies of horrendous-difference disabilities based in part on the temporal relation between one’s rational moral wishing for a certain human function F and its being thwarted by intrinsic and extrinsic conditions. Next, I offer a theodicy for each subspecies of horrendous-difference disability. Although I appeal to some (...) claims made by Marilyn Adams for this theodicy, I reject one particular claim. I deny that one must be aware that one participates in a horrendous evil when the horrific event occurs. To develop this point and its relevance for a theodicy for horrendous-difference disabilities, I engage with Andrew Chignell’s work on infant suffering. In doing so, I show that what partly motivates the claim is a time-bias, i.e., near-bias. By rejecting this time-bias, I show how it is possible, given post-mortem life, for persons with profound cognitive disabilities to participate in horrendous evils and how these might be defeated by God. (shrink)

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

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

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)

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

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

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

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

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

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

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

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

The first and greatest commandment according to Jesus, and so the one most central to Christian practice, is the command to love God. We argue that this commandment is best interpreted in aretaic rather than deontic terms. In brief, we argue that there is no obligation to love God. While bad, failure to seek and enjoy a union of love with God is not in violation of any general moral requirement. The core argument is straightforward: relations of intimacy should not (...) be morally imposed upon autonomous beings. We contend that such reasoning applies to human beings’ relationship to God. So, even if our ultimate end is to enjoy communion with God, God has no right that human beings seek a relationship with him. If this is correct, then the command to ‘love God’ is not the sort of moral principle that can be supported by threats of hellfire or other forms of coercion. (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)

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

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)

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)

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

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)

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)

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)

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

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

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

Suppose that an altruistic agent who is uncertain between evidential and causal decision theory finds herself in a situation where these theories give conflicting verdicts. We argue that even if she has significantly higher credence in CDT, she should nevertheless act in accordance with EDT. First, we claim that the appropriate response to normative uncertainty is to hedge one's bets. That is, if the stakes are much higher on one theory than another, and the credences you assign to each of (...) these theories are not very different, then it is appropriate to choose the option that performs best on the high-stakes theory. Second, we show that, given the assumption of altruism, the existence of correlated decision makers will increase the stakes for EDT but leave the stakes for CDT unaffected. Together these two claims imply that whenever there are sufficiently many correlated agents, the appropriate response is to act in accordance with EDT. (shrink)

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

Bernard Williams famously argued that eternal life is undesirable for a human because it would inevitably grow intolerably boring. I will argue against Williams and those who share his view. To make my case, I will provide an account of what staves off boredom in our current, earthly-mortal lives, and then I will draw on this account while advancing reasons for thinking that eternal life is desirable, given certain conditions. Though my response to Williams will partly overlap with some prior (...) responses to Williams, especially the one offered by J. M. Fischer, my response will also be distinctive in some important ways. For instance, it will be distinctive in that it will discuss the role that one’s part-whole-reality conception plays in fending off boredom, where by “one’s part-whole-reality conception” I mean “one’s conception of his or her place in the whole of reality.”. (shrink)

Unless one embraces activities as foundational, understanding activities in mechanisms requires an account of the means by which entities in biological mechanisms engage in their activities—an account that does not merely explain activities in terms of more basic entities and activities. Recent biological research on molecular motors exemplifies such an account, one that explains activities in terms of free energy and constraints. After describing the characteristic “stepping” activities of these molecules and mapping the stages of those steps onto the stages (...) of the motors’ hydrolytic cycles, researchers pieced together from images of the molecules in different hydrolyzation states accounts of how the chemical energy in ATP is transformed in the constrained environments of the motors into the characteristic activities of the motors. We argue that New Mechanism’s standard set of analytic categories—entities, activities, and organization—should be expanded to include constraints and energetics. Not only is such an expansion required descriptively to capture research on molecular motors but, more importantly from a philosophical point of view, it enables a non-regressive account of activities in mechanisms. In other words, this expansion enables a philosophical account of mechanistic explanation that avoids a regress of entities and activities “all the way down.” Rather, mechanistic explanation bottoms out in constraints and energetics. (shrink)

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

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

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

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

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

Evidentialists say that a necessary condition of sound epistemic reasoning is that our beliefs reflect only our evidence. This thesis arguably conflicts with standard Bayesianism, due to the importance of prior probabilities in the latter. Some evidentialists have responded by modelling belief-states using imprecise probabilities (Joyce 2005). However, Roger White (2010) and Aron Vallinder (2018) argue that this Imprecise Bayesianism is incompatible with evidentialism due to “inertia”, where Imprecise Bayesian agents become stuck in a state of ambivalence towards hypotheses. Additionally, (...) escapes from inertia apparently only create further conflicts with evidentialism. This dilemma gives a reason for evidentialist imprecise probabilists to look for alternatives without inertia. I shall argue that Henry E. Kyburg’s approach offers an evidentialist-friendly imprecise probability theory without inertia, and that its relevant anti-inertia features are independently justified. I also connect the traditional epistemological debates concerning the “ethics of belief” more systematically with formal epistemology than has been hitherto done. (shrink)

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

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

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

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

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

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)