Recent theory suggests that action prediction relies of a motor emulation mechanism that works by mapping observed actions onto the observer action system so that predictions can be generated using that same predictive mechanisms that underlie action control. This suggests that action prediction may be more accurate when there is a more direct mapping between the stimulus and the observer. We tested this hypothesis by comparing prediction accuracy for two stimulus types. A mannequin stimulus which contained information about the effectors (...) used to produce the action and a point stimulus, which contained identical dynamic information but no effector information. Prediction was more accurate for the mannequin stimulus. However, this effect was dependent on the observer having previous experience performing the observed action. This suggests that experienced and na¨ıve observers might generate predictions in qualitatively difference ways, which may relate to the presence of an internal representation of the action laid down through action performance. (shrink)

This paper is about whether consciousness flows. Evan Thompson (2014) has recently claimed that the study of binocular rivalry shows that there are some moments where consciousness does not flow, contra William James (1890). Moreover, he’s claimed that Abhidharma philosophers reject James’s claim that consciousness flows. I argue that binocular rivalry poses no special challenge to James. Second, I argue that because Thompson did not take up the question of how James and Abhidharma philosophers analyse or define (...) flow, he under-described their disagreement in a way that obscures an important conceptual contribution that Abhidharma philosophers make to the study of flow. They reject James’s claim that there are only two conceivable ways for consciousness to fail to flow, and suggest that there is a third way for consciousness to fail to flow – a way that James’s imagination did not reveal to be possible. (shrink)

For many years emotion theory has been characterized by a dichotomy between the head and the body. In the golden years of cognitivism, during the nineteen-sixties and seventies, emotion theory focused on the cognitive antecedents of emotion, the so-called “appraisal processes.” Bodily events were seen largely as byproducts of cognition, and as too unspecific to contribute to the variety of emotion experience. Cognition was conceptualized as an abstract, intellectual, “heady” process separate from bodily events. Although current emotion theory has moved (...) beyond this disembodied stance by conceiving of emotions as involving both cognitive processes (perception, attention, and evaluation) and bodily events (arousal, behavior, and facial expressions), the legacy of cognitivism persists in the tendency to treat cognitive and bodily events as separate constituents of emotion. Thus the cognitive aspects of emotion are supposedly distinct and separate from the bodily ones. This separation indicates that cognitivism’s disembodied conception of cognition continues to shape the way emotion theorists conceptualize emotion. (shrink)

It is commonly assumed that grounding relations are asymmetric. Here I develop and argue for a theory of metaphysical structure that takes grounding to be nonsymmetric rather than asymmetric. Even without infinite descending chains of dependence, it might be that every entity is grounded in some other entity. Having first addressed an immediate objection to the position under discussion, I introduce two examples of symmetric grounding. I give three arguments for the view that grounding is nonsymmetric (I call this view (...) ‘metaphysical interdependence’). These arguments are: (i) that metaphysical interdependence is the only theory able to reconcile competing intuitions about grounding; (ii) that it is the only theory consistent with both ‘gunk’ and ‘junk’; and (iii) that offers a satisfactory solution to the problem concerning whether or not grounding is itself grounded. (shrink)

Attempts to elucidate grounding are often made by connecting grounding to metaphysical explanation, but the notion of metaphysical explanation is itself opaque, and has received little attention in the literature. We can appeal to theories of explanation in the philosophy of science to give us a characterization of metaphysical explanation, but this reveals a tension between three theses: that grounding relations are objective and mind-independent; that there are pragmatic elements to metaphysical explanation; and that grounding and metaphysical explanation share a (...) close connection. Holding fixed the mind-independence of grounding, I show that neither horn of the resultant dilemma can be blunted. Consequently, we should reject the assumption that grounding relations are mind-independent. (shrink)

What makes us persons? Is it our bodies, our minds, or our consciousness? For centuries, philosophers have sought to answer these questions. While some believe humans are physical or biological, others claim we have an immaterial soul. This book proposes a new alternative. Selves were formed in evolution through connections and commitments to others when early hominins lived in tribal groups and developed languages. As humans learned to fulfill these commitments, they not only cultivated relationships but also created their personal (...) identities. Their habits of responsibility established their characters and therefore their reputations within their communities. This naturalistic approach proposes that a self is defined by the history of its commitments to cultural and personal norms. While brain processes are required, the self is not some internal, private mind but primarily a role within its community. As technology advances, selfhood could in the future be enabled by electronic, quantum, or other non-biological means. So if a self is formed through norms, could artificial intelligence evolve to have self-identity? (shrink)

Supervaluationism is often described as the most popular semantic treatment of indeterminacy. There’s little consensus, however, about how to fill out the bare-bones idea to include a characterization of logical consequence. The paper explores one methodology for choosing between the logics: pick a logic thatnorms beliefas classical consequence is standardly thought to do. The main focus of the paper considers a variant of standard supervaluational, on which we can characterizedegrees of determinacy. It applies the methodology above to focus ondegree logic. (...) This is developed first in a basic, single-premise case; and then extended to the multipremise case, and to allowdegreesof consequence. The metatheoretic properties of degree logic are set out. On the positive side, the logic is supraclassical—all classical valid sequents are degree logic valid. Strikingly, metarules such as cut and conjunction introduction fail. (shrink)

The perfectly natural properties and relations are special—they are all and only those that "carve nature at its joints." They act as reference magnets, form a minimal supervenience base, figure in fundamental physics and in the laws of nature, and never divide duplicates within or between worlds. If the perfectly natural properties are the (metaphysically) important ones, we should expect being a perfectly natural property to itself be one of the (perfectly) natural properties. This paper argues that being a perfectly (...) natural property is not a very natural property, and examines the consequences. (shrink)

To address the underrepresentation of women in philosophy effectively, we must understand the causes of the early loss of women. In this paper we challenge one of the few explanations that has focused on why women might leave philosophy at early stages. Wesley Buckwalter and Stephen Stich offer some evidence that women have different intuitions than men about philosophical thought experiments. We present some concerns about their evidence and we discuss our own study, in which we attempted to replicate their (...) results for 23 different responses to 14 scenarios . We also conducted a literature search to see if other philosophers or psychologists have tested for gender differences in philosophical intuitions. Based on our findings, we argue that that it is unlikely that gender differences in intuitions play a significant role in driving women from philosophy. (shrink)

Research on the specific features of daydreaming compared with mind-wandering and night dreaming is a neglected topic in the philosophy of mind and the cognitive neuroscience of spontaneous thought. The extant research either conflates daydreaming with mind-wandering (whether understood as task-unrelated thought, unguided attention, or disunified thought), characterizes daydreaming as opposed to mind-wandering (Dorsch, 2015), or takes daydreaming to encompass any and all “imagined events” (Newby-Clark & Thavendran, 2018). These dueling definitions obstruct future research on spontaneous thought, and are insufficiently (...) precise to guide empirical studies. They also fail to illuminate the phenomenal core of daydreaming, namely, its dreamlike qualities. Although daydreaming is related to both mind-wandering and narrative imagination, it is not reducible to either. We argue that daydreams are experiences of spontaneous, immersive imagination in the waking state. The main task of our investigation is to distinguish daydreaming, conceptually and phenomenologically, from mind-wandering, on the one hand, and night dreaming, on the other. Although daydream experiences can vary widely, we distinguish prototypical experiences of daydreaming from adjacent imaginative activity, including fleeting imagery and “focused daydreaming,” or crafted visualization. We consider our phenomenological analysis as preparatory work for conceptually distinguishing different spontaneous and imaginative states so that they can be investigated accordingly with questionnaires and qualitative methods. We argue that precision about the phenomenal character of daydreaming can guide neurophenomenological investigations, help delimit studies on individual variance in daydreaming features, and identify differences among daydreaming, mind-wandering, and night dreaming conceptually and phenomenologically, and possibly eventually in terms of neural correlates. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

The reason for physics’ failure to find a final theory of the universe is examined. Problems identified are: the lack of unequivocal definitions for its fundamental elements (time, length, mass, electric charge, energy, work, matter-waves); the danger of relying too much on mathematics for solutions; especially as philosophical arguments conclude the universe cannot have a mathematical basis. It does not even need the concept of number to exist. Numbers and mathematics are human inventions arising from the human predilection for measurement. (...) Following Aristotle, a single fundamental cause is proposed to explore the efficacy of using pure non-mathematical philosophy to explain the universe, contrary to current quantum physical views. The cause is taken as Time, which is then defined, surprisingly leading automatically to a definition of a three-dimensional space answering the question into what can a universe be placed (space before space seems non-sensical). This enables the philosophical arguments to derive a universal rule giving clear-cut descriptions (definitions) of force (both gravitational and electromagnetic), motion, energy, and particles. The formation of atomic nuclei and atomic properties together with an unexpected role for neutrinos follow. In particular, a Popper-test can be prepared by introducing the concept of measurement to allow the philosophy arguments to be tested in another discipline - mathematics. The solution agrees with human physical observations to a remarkable degree of accuracy, automatically explaining and predicting values for Planck’s and the fine-structure constants. Although mathematical, it is included as confirming the efficacy of philosophy in attaining a final theory. (shrink)

Due to the wide array of phenomena that are of interest to them, psychologists offer highly diverse and heterogeneous types of explanations. Initially, this suggests that the question "What is psychological explanation?" has no single answer. To provide appreciation of this diversity, we begin by noting some of the more common types of explanations that psychologists provide, with particular focus on classical examples of explanations advanced in three different areas of psychology: psychophysics, physiological psychology, and information-processing psychology. To analyze what (...) is involved in these types of explanations, we consider the ways in which law-like representations of regularities and representations of mechanisms factor in psychological explanations. This consideration directs us to certain fundamental questions, e.g., "To what extent are laws necessary for psychological explanations?" and "What do psychologists have in mind when they appeal to mechanisms in explanation?" In answering such questions, it appears that laws do play important roles in psychological explanations, although most explanations in psychology appeal to accounts of mechanisms. Consequently, we provide a unifying account of what psychological explanation is. (shrink)

Although the commentary on Aristotle’s problematic discussion of slavery is vast, his discussion of nobility receives little attention. The fragments of his dialogue On Noble Birth constitute his most extensive examination of nobility, and while their similarity to the παμβασιλεύς of the Politics has recently been recognized, their relevance to natural slavery has hitherto gone unnoticed. Yet by declaring that true nobles – particularly the god-like ἀρχηγός – preternaturally possess superhuman characteristics, Aristotle precludes their easy inclusion in the kind “human” (...) in a manner inversely mirroring the preternatural subhumanity of natural slaves. Building on recent scholarship which argues that Aristotle’s “defense” of natural slaves is better understood as an indictment, On Noble Birth becomes most coherent if read as a hypothetical investigation into what would be required for “nobility” to name something true rather than equivocal, with the conclusion that “true nobility” is an empty set. (shrink)

In Republic V Socrates offer three successive waves of paradox, the first being that amongst the rulers men and women will be assigned to fulfill the same social functions and the second being that amongst the rulers the traditional private family will be abolished. In her article “Philosopher Queens and Private Wives: Plato on Women and the Family” (Philosophy and Public Affairs (1977)) Susan Moller Okin argued that Plato’s argument is that the second wave of paradox implies the first. In (...) this note I rebut Okin’s arguments and show, in part based on evidence adduced by Okin herself, that for Plato it is the first wave of paradox that implies the second. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

Goodman draws together, in this memoir, his explorations of meaning and coincidence, and his lived experiences of chance, and his professional experiences teaching, writing, and consulting about risk. The book opens by describing the author's life-changing encounter with a Zen Buddhist monk in 1977, over a cup of tea. Returning to his beginnings, Goodman recounts his coming-of-age, from participating the 1960’s U.S. protests and Vietnam-War resistance, to finally settling down in Canada. He describes his role in a supporting, silent vigil (...) around Willard Straight Hall at Cornell University, the night after it had been occupied by protestors, and his later application for Conscientious Objector status, following the U.S. draft lottery in 1969. He reflects on the challenges and changes on his road taken, in his career and personal relationships, and in spiritual searches, to share some insights about the seamless nature of chance, and about seeing a Both/And perspective in life that encourages openness to possibilities. -/- . (shrink)

According to new mechanists, mechanisms explain how specific biological phenomena are produced. New mechanists have had little to say about how mechanisms relate to the organism in which they reside. A key feature of organisms, emphasized by the autonomy tradition, is that organisms maintain themselves. To do this, they rely on mechanisms. But mechanisms must be controlled so that they produce the phenomena for which they are responsible when and in the manner needed by the organism. To account for how (...) they are controlled, we characterize mechanisms as sets of constraints on the flow of free energy. Some constraints are flexible and can be acted on by other mechanisms, control mechanisms, that utilize information procured from the organism and its environment to alter the flexible constraints in other mechanisms so that they produce phenomena appropriate to the circumstances. We further show that control mechanisms in living organisms are organized heterarchically—control is carried out primarily by local controllers that integrate information they acquire as well as that which they procure from other control mechanisms. The result is not a hierarchy of control but an integrated network of control mechanisms that has been crafted over the course of evolution. (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)

I argue that Merleau-Ponty is right to claim that some shift in an agent's perspective on the world is partly constitutive of their forming a habit, but that he is wrong about what this shift is because he wrongly conflates habit and skill. I defend an alternative: the perspectiival shift constitutive of habit-formation is that habitual courses of action come to be and seem familiar.

Our paper serves as an introduction to a budding field: the philosophy of mind-wandering. We begin with a philosophical critique of the standard psychological definitions of mind-wandering as task-unrelated or stimulus-independent. Although these definitions have helped bring mind-wandering research onto centre stage in psychology and cognitive neuroscience, they have substantial limitations that researchers must overcome to move forward. Specifically, the standard definitions do not account for (i) the dynamics of mind wandering, (ii) task-unrelated thought that does not qualify as mind-wandering, (...) and (iii) the ways that mind-wandering can be task-related. We then survey three philosophical accounts that improve upon the current psychological definitions. We first present our account of mind-wandering as “unguided thinking”. Next we review Thomas Metzinger’s view that mind-wandering can be defined as thought lacking meta-awareness and cognitive agency, as well as Peter Carruthers’s and Fabian Dorsch’s definitions of mind-wandering as disunified thinking. We argue that these latter views are inadequate, and we show that our definition of mind-wandering as unguided thinking is not only conceptually and phenomenologically precise but also can be operationalized in a principled way for empirical research. (shrink)

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

When do probability distribution functions (PDFs) about future climate misrepresent uncertainty? How can we recognise when such misrepresentation occurs and thus avoid it in reasoning about or communicating our uncertainty? And when we should not use a PDF, what should we do instead? In this paper we address these three questions. We start by providing a classification of types of uncertainty and using this classification to illustrate when PDFs misrepresent our uncertainty in a way that may adversely affect decisions. We (...) then discuss when it is reasonable and appropriate to use a PDF to reason about or communicate uncertainty about climate. We consider two perspectives on this issue. On one, which we argue is preferable, available theory and evidence in climate science basically excludes using PDFs to represent our uncertainty. On the other, PDFs can legitimately be provided when resting on appropriate expert judgement and recognition of associated risks. Once we have specified the border between appropriate and inappropriate uses of PDFs, we explore alternatives to their use. We briefly describe two formal alternatives, namely imprecise probabilities and possibilistic distribution functions, as well as informal possibilistic alternatives. We suggest that the possibilistic alternatives are preferable. -/- . (shrink)

Buddhism originated and developed in an Indian cultural context that featured many first-person practices for producing and exploring states of consciousness through the systematic training of attention. In contrast, the dominant methods of investigating the mind in Western cognitive science have emphasized third-person observation of the brain and behavior. In this chapter, we explore how these two different projects might prove mutually beneficial. We lay the groundwork for a cross-cultural cognitive science by using one traditional Buddhist model of the mind (...) – that of the five aggregates – as a lens for examining contemporary cognitive science conceptions of consciousness. (shrink)

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.

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

We argue, contra Joshua Knobe in a companion chapter, that most people have an understanding of free will and responsible agency that is compatible with a naturalistic vision of the human mind. Our argument is supported by results from a new experimental philosophy study showing that most people think free will is consistent with complete and perfect prediction of decisions and actions based on prior activity in the brain (a scenario adapted from Sam Harris who predicts most people will find (...) it inconsistent with free will). We explain why most people are "theory-lite" about the nature of mind and free will--they are not committed to substantive theories of the underlying causal structure of mind, such as Knobe's "transcendence vision". Rather, we suggest a "causal competition principle"--that an agent's actions will be deemed unfree when they are perceived to be fully caused by factors that do not include her reasons. This principle explains why people, including some scientists, perceive neuroscientific explanations as threatening free will when they are described in terms of neural processes fully causing actions to the exclusion of agents' reasons or reasoning processes. (shrink)

Cora Diamond has claimed that Wittgenstein’s Tractatus contains an early ‘private language argument’: an argument that private objects in other people’s minds can play no role in the language I use for talking about their sensations. She further claims that the Tractatus contains an early version of the later idea that an inner process stands in need of outward criteria. The paper argues against these claims, on the grounds that they depend on an unwarranted construal of the Tractatus’s notion of (...) use. It is further argued that Diamond’s interpretation makes a mystery of the relation between the Tractatus and Wittgenstein’s 1929 account of sensation language, set out in Philosophical Remarks and elsewhere. Finally, the paper considers and defends Michael Dummett’s contention that the Tractatus is a paradigm of semantic realism, in the light of Diamond’s claim that the Tractatus in fact suggests a form of anti-realism about sensation language. (shrink)

2015 Reprint of 1956 Printing. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. Cybernetics is here defined as "the science of control and communication, in the animal and the machine"-in a word, as the art of steersmanship; and this book will interest all who are interested in cybernetics, communication theory and methods for regulation and control. W. Ross Ashby (1903-1972) was an English psychiatrist and a pioneer in cybernetics, the study of complex systems. His two books, (...) "Design for a Brain" and "An Introduction to Cybernetics," were landmark works. They introduced exact and logical thinking into the nascent discipline and were highly influential. Contents include: What is new -- Change -- The Determinate Machine -- The Machine with Input -- Stability -- The Black Box -- Quantity of Variety -- Transmission of Variety -- Incessant Transmission -- Regulation in Biological Systems -- Requisite Variety -- The Error-controlled Regulator -- Regulating the Very Large System -- Amplifying Regulation. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

RESUMO Neste artigo, discuto o que considero serem os pressupostos ontológicos da crítica de Nietzsche à metafísica no primeiro livro de Humano, demasiado humano e a natureza da relação estabelecida por ele entre filosofia e ciência. Busco definir sua posição como um realismo científico moderado, que considera que as ciências caminham progressivamente em direção a uma concepção puramente dinâmica do real. ABSTRACT In this paper I discuss what I consider to be the ontological assumptions of Nietzsche’s critique of metaphysics in (...) the first book of Human, all too human and the nature of the relation he establishes between philosophy and science. I try to define his position as a moderate scientific realism, as he claims that science progressively moves towards a purely dynamic conception of reality. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

The authors argue that their target is orthogonal to the realism and instrumentalist debate. I argue that it is born directly from it. While the distinction is helpful in illuminating how some ontological commitments demand a theory of implementation, it's less clear whether different views cleanly map onto the epistemic and metaphysical uses defined in the paper.

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)