At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At (...) many private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by aggressive, threatening, or violent conduct. -/- These “demotions” augur even worse consequences, including termination, for less powerful faculty who say the “wrong” thing, in particular statements in support of Trumpism, an increasingly mainstream ideology that stitches together white supremacy, misogyny, a preference for autocracy over democracy, and several phobias—homophobia, Islamophobia, transphobia, and xenophobia. The question I address in this paper is whether these consequences are constitutional at public schools. Whose right is stronger—a public-school teacher’s First Amendment right to express pro-Trumpist sentiments or a public school’s right to maintain a fair, inclusive, and welcoming learning environment? In this article, I argue that the public school has the upper hand here, that it is indeed constitutionally permitted to prohibit political hate speech that contributes to a hostile learning environment. Still, I narrowly limit this prohibition to dehumanizing speech—that is, speech explicitly suggesting that some human beings are “lesser”, intrinsically less valuable, than other human beings. -/- One objection to this position is that public schools may not prohibit any speech, no matter how dehumanizing, because such prohibition amounts to constitutionally impermissible viewpoint discrimination. I argue, however, that viewpoint discrimination is an integral part of education and therefore constitutionally permissible. Education necessarily involves promoting some values over others. These values fall into seven categories: constitutional principles, the humanist virtues, successful character traits and behaviors, knowledge and truth, art and beauty, health (both mental and physical), and social goods (such as justice, peace, and rule of law). (shrink)

[Andrew Williams] It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy over (...) individual endowments. /// [Michael Otsuka] Inequality is intrinsically bad when and because it is unfair. It follows that the ideal of equality is not necessarily realised by a distribution of resources which is envy-free prior to the resolution of risks against which people have an equal opportunity to insure. Even if the upshot of such an ex ante envyfree distribution is just, it is not necessarily fair. (shrink)

Moral options are permissions to do less than best, impartially speaking. In this paper, we investigate the challenge of reconciling moral options with the ideal of justifiability to each individual. We examine ex-post and ex-ante views of moral options and show how they might conflict with this ideal in single-choice and sequential-choice cases, respectively. We consider some ways of avoiding this conflict in sequential-choice cases, showing that they face significant problems.

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)

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)

Ludwig Wittgenstein was, famously, not a fan of William Shakespeare. He wrote in 1946 that “Shakespeare's similes are, in the ordinary sense, bad.” But Wittgenstein’s opinion was not only one fueled by aesthetic dislike. This short website article argues that Wittgenstein sees in Shakespeare a fellow explorer of skepticism, but one willing to travel down dark alleys that Wittgenstein himself sought to avoid. (This article is a journalistic version of "To Not Understand, but Not Misunderstand: Wittgenstein on Shakespeare," in (...) Wittgenstein Reading, edited by Sascha Bru, Wolfgang Huemer, and Daniel Steuer [De Gruyter, 2013, 39-53].). (shrink)

Thirty years after the rise of the evidence-based medicine (EBM) movement, formal training in philosophy remains poorly represented among medical students and their educators. In this paper, I argue that EBM’s reception in this context has resulted in a privileging of empiricism over rationalism in clinical reasoning with unintended consequences for medical practice. After a limited review of the history of medical epistemology, I argue that a solution to this problem can be found in the method of the 2nd-century Roman (...) physician Galen, who brought empiricism and rationalism together in a synthesis anticipating the scientific method. Next, I review several of the problems that have been identified as resulting from a staunch commitment to empiricism in medical practice. Finally, I conclude that greater epistemological awareness in the medical community would precipitate a Galenic shift toward a more epistemically balanced, scientific approach to clinical research. (shrink)

This précis summarizes the main topics, arguments and conclusions of the book. Many interesting arguments and critiques have, of course, been omitted in order to make this summary appropriately brief.

We 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)

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)

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)

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 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.

Hegel experienced several personal, political, and professional crises during his life. These crises impacted his dense theory about the importance of rational self-reflection in the organic character and evolution of law. The article argues that Hegel’s Preface to the Philosophy of Right manifests how one philosopher came to terms with the personal, social and political crises in which he found himself. In particular, the article outlines the central themes of the Preface and then explicates the important notion of Bildung in (...) Hegel’s theory – an Enlightenment notion that Hegel absorbed from his own formal education. After retrieving Hegel’s reading of the virtues and flaws in Kant’s theory of law, the article then explicates Hegel’s understanding of freedom. The article then reviews the local politics in which Hegel found himself before, during and after Napoleon’s defeat. The article then turns to his professional rivalries with Jacob Fries and Friedrich Savigny. The article argues that the personal animosities shaped parts of his Preface. These complex influences and concerns explain why Hegel waited 20 years to publish his theory of law. Hegel’s Preface comes to terms with the crises of his own times. (shrink)

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...) and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)

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)

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)

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)

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)

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

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)

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

This paper proposes a semantics for free choice permission that explains both the non-classical behavior of modals and disjunction in sentences used to grant permission, and their classical behavior under negation. It also explains why permissions can expire when new information comes in and why free choice arises even when modals scope under disjunction. On the proposed approach, deontic modals update preference orderings, and connectives operate on these updates rather than propositions. The success of this approach stems from its capacity (...) to capture the difference between expressing the preferences that give rise to permissions and conveying propositions about those preferences. (shrink)

William Faulkner (1897-1962), one of the United States’ most renowned authors, was born on Sept. 25, 1897, in New Albany, Mississippi. He initially focused on poetry, culminating in his first publication: "The Marble Faun" (1924). Subsequently, he transitioned to prose, producing novels such as "The Sound and the Fury" (1929), "As I lay Dying" (1930), "Light in August" (1932) and "Absalom, Absalom!" (1936), which are considered his most significant works. Like most of his oeuvre, these novels are set in (...) a fictional Southern region that Faulkner termed ‘Yoknapatawpha county.’ Nearly all works set in this fictional county are characterized by themes of race, incest, the American Civil War, and the decline of the antebellum South. Faulkner frequently employs diverse perspectives and techniques that directly represent the consciousness of his characters. Recognition for his literary achievements came relatively late in his career. The primary catalyst for this recognition was the Nobel Prize for Literature awarded to him in 1949, when he had arguably passed the zenith of his writing career. Faulkner’s extensive oeuvre, which spans from 1924 to 1962, also encompasses lesser-known works, such as "Sanctuary" (1931) and "Intruder in the Dust" (1948). In addition to novels, Faulkner authored numerous short stories that are considered among the finest in American literature. These include the story translated here, “Dry September” originally published in 1931, in the January issue of Scribner’s magazine. Faulkner died July 6 in Byhalia, Mississippi, of a heart attack. -/- [In Dutch: William Faulkner (1897-1962), een van de beroemdste schrijvers uit de Verenigde Staten, werd geboren op 25 september 1897 in New Albany, Mississippi. Hij begon aanvankelijk met het schrijven van poëzie, wat resulteerde in zijn eerste publicatie: "The Marble Faun" (1924). Kort daarna liet hij poëzie voor wat het was en stortte hij zich op het proza. Dit leidde tot romans als "The Sound and the Fury" (1929), "As I lay Dying" (1930), "Light in August" (1932) en "Absalom, Absalom!" (1936) die als zijn belangrijkste werken worden beschouwd. Net als het merendeel van zijn oeuvre spelen deze romans zich af in een fictioneel Zuiden dat door Faulkner ‘Yoknapatawpha county’ genoemd werd. Vrijwel alle werken die zich in deze fictieve streek afspelen, worden gekenmerkt door thema’s als ras, incest, de Amerikaanse burgeroorlog en de teloorgang van het oude Zuiden. Faulkner maakt vaak gebruik van verschillende perspectieven en technieken die direct het bewustzijn van zijn personages representeren. Pas relatief laat in zijn carrière kreeg hij erkenning voor zijn literaire verdiensten. De belangrijkste stimulans hiervoor was de Nobelprijs voor de litera¬tuur die hem werd toegekend in 1949, toen hij als schrijver eigenlijk al over zijn toppunt heen was. Faulkners omvangrijke oeuvre, dat ontstond in de periode van 1924 tot 1962, omvat ook minder bekende werken, zoals "Sanctuary" (1931) en "Intruder in the Dust" (1948). Naast romans schreef Faulkner echter ook nog een groot aantal korte verhalen die tot de absolute top van het Amerikaanse verhaal gerekend worden. Daartoe behoort ook het hier vertaalde verhaal ‘Septemberdroogte [Dry September]’, dat oorspronkelijk werd gepubliceerd in 1931, in het januarinummer van het tijdschrift "Scribner's". Faulkner stierf op 6 juli in Byhalia, Mississippi, aan een hartaanval.]. (shrink)

مداخلة مترجمة عن الفرنسية للفيلسوف الفرنسي جيل دولوز.

We show that as a chain of confirmation becomes longer, confirmation dwindles under screening-off. For example, if E confirms H1, H1 confirms H2, and H1 screens off E from H2, then the degree to which E confirms H2 is less than the degree to which E confirms H1. Although there are many measures of confirmation, our result holds on any measure that satisfies the Weak Law of Likelihood. We apply our result to testimony cases, relate it to the Data-Processing Inequality (...) in information theory, and extend it in two respects so that it covers a broader range of cases. (shrink)

In the article, ‘Being Good in a World of Need: Some Empirical Worries and an Uncomfortable Philosophical Possibility,’ Larry Temkin presents some concerns about the possible impact of international aid on the poorest people in the world, suggesting that the nature of the duties of beneficence of the global rich to the global poor are much more murky than some people have made out. -/- In this article, I’ll respond to Temkin from the perspective of effective altruism—one of the targets (...) he attacks. I’ll argue that Temkin’s critique has little empirical justification, given the conclusions he wants to reach, and is therefore impotent. (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, ...

Discussion of the extraterrestrial hypothesis (ETH), the hypothesis that an extraterrestrial civilization (ETC) is active on Earth today, is taboo in academia, but the assumptions behind this taboo are faulty. Advances in biology have rendered the notion that complex life is rare in our Galaxy improbable. The objection that no ETC would come to Earth to hide from us does not consider all possible alien motives or means. For an advanced ETC, the convergent instrumental goals of all rational agents – (...) self-preservation and the acquisition of resources – would support the objectives of removing existential threats and gathering strategic and non-strategic information. It could advance these objectives by proactively gathering information about and from inhabited planets, concealing itself while doing so, and terminating potential rivals before they become too dangerous. Other hypotheses of ETC behavior, including the zoo/interdict hypothesis and the dark forest hypothesis, also undercut the objection that the ETH is highly improbable. The ETH does not require support from extraordinary evidence because the presence of an ETC on Earth is not highly unlikely and would overturn none of our well-tested scientific knowledge. The fact that most reports of unidentified anomalous phenomena (UAP) have natural or human explanations does not count against it. Inference to the best explanation offers a way to find evidence for this hypothesis, and some evidence for it exists, some of it taking the form of reliable witness reports. The most plausible alternative explanation for some UAP reports declines in probability over time. A hypothesis that is not highly improbable, does not contradict any well-established facts or theories, and explains otherwise unexplained evidence is a rational hypothesis. Since the ETH is a rational hypothesis, investigation of it should not be taboo. (shrink)

Within the meaning of life can be reasoned with math and statistics a surfaced 50% chance of there being to not be a relevant meaning to life with non relevancy being no meaning, and vice versa. Within the 50% of logical meaning it can be reasoned that a larger purpose to life will be innate and common across it, culminating in two proposed solutions to the deeper problem being Conquest Theory and Survival Theory, which both operate in the bounds of (...) an innate and common purpose, and actively match with both other philosophies from different sources, but also confirm or add to today's cultural state, taking evidence from both logical sources. (shrink)

Igor Douven establishes several new intransitivity results concerning evidential support. I add to Douven’s very instructive discussion by establishing two further intransitivity results and a transitivity result.

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)

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

In celebration of Newton da Costa’s place in the history of paraconsistency, this paper considers the use and abuse of deliberate self-contradiction. Beginning with Parmenides, developed by Plato, and continued by Cicero, an ancient philosophical tradition used deliberately paraconsistent discourses to reveal the truth. In modern times, decisionism has used deliberate self-contradiction against Judeo-Christian revelation. • DOI:10.5007/1808-1711.2010v14n1p1.

This is the introduction to Seeing Wittgenstein Anew, eds. William Day & Victor J. Krebs (Cambridge UP, 2010), a collection of essays on Ludwig Wittgenstein's remarks on aspect-seeing. Section 1: Why Seeing Aspects Now?; Section 2: The Importance of Seeing Aspects; Section 3: The Essays. (The front matter to Seeing Wittgenstein Anew appears above under "Books.").

This essay examines the role of non-existent objects in "epistemological ontology" — the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Außersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

A critical study of John Searle's Minds, Brains and Science (Cambridge, MA: Harvard University Press, 1984).

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)

There is a plethora of confirmation measures in the literature. Zalabardo considers four such measures: PD, PR, LD, and LR. He argues for LR and against each of PD, PR, and LD. First, he argues that PR is the better of the two probability measures. Next, he argues that LR is the better of the two likelihood measures. Finally, he argues that LR is superior to PR. I set aside LD and focus on the trio of PD, PR, and LR. (...) The question I address is whether Zalabardo succeeds in showing that LR is superior to each of PD and PR. I argue that the answer is negative. I also argue, though, that measures such as PD and PR, on one hand, and measures such as LR, on the other hand, are naturally understood as explications of distinct senses of confirmation. (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)

In his recent book, John Norton has created a theory of inference to the best explanation, within the context of his "material theory of induction". I apply it to the problem of scientific explanations that are false: if we want the theories in our explanations to be true, then why do historians and scientists often say that false theories explained phenomena? I also defend Norton's theory against some possible objections.

A growing number of linguistic attempts to explain how languages change use cultural-evolutionary models involving selection or drift. Developmental constraints and biases, which take center stage in evolutionary developmental biology or evo-devo, seem to be absent within this framework, even though linguistics is home to numerous notions of constraint. In this paper, we show how these evo-devo concepts could be applied to linguistic change and why they should. This requires some conceptual groundwork, due to important differences between linguistic and biotic (...) evolution. In biological evolution, development generates the organism's variable traits on which selection and drift act. In linguistic evolution by analogy, we say development generates the linguistic variants on which selection and drift can act. “Linguistic development” then picks out how individual speakers produce and comprehend language. It involves much more than just learning. Using this broad notion of development, we distinguish between different types of bias that could operate in the processes of linguistic innovation and transmission, which correspond to genetic mutation and biological reproduction, respectively. Having thus sharpened our conceptual toolbox, we then reanalyze two well-documented cases of linguistic change and show that, in both these cases, linguists have only considered Neo-Darwinian evolutionary explanations, falsely deploying an exclusive disjunction of selection and drift. We show that there is at least a third relevant alternative in these examples, namely developmental constraint or bias in the sense we explicate here. (shrink)

All extant purely probabilistic measures of explanatory power satisfy the following technical condition: if Pr(E | H1) > Pr(E | H2) and Pr(E | ∼H1) < Pr(E | ∼H2), then H1’s explanatory power with respect to E is greater than H2’s explanatory power with respect to E. We argue that any measure satisfying this condition faces three serious problems—the Problem of Temporal Shallowness, the Problem of Negative Causal Interactions, and the Problem of Nonexplanations. We further argue that many such measures (...) face a fourth problem—the Problem of Explanatory Irrelevance. (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)