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)

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)

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)

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)

The present study examines how online instruction during the COVID pandemic impacted learning and performs a partial replication of a study by Hahn et al. (2012), which compared students’ testing outcomes of the Major Field Test in Business (MFTB) and the Comprehensive Business Exam (CBE). Our results find that online instruction during the 2020-2021 pandemic isolation period had no significant impact on pre- and post-COVID testing outcomes for either exam. It was further found that the question set employed by the (...) CBE exam appears to have changed from the pre- to the post-COVID testing timeframes, making this exam questionable for assurance of learning purposes when compared to prior year results. (shrink)

Neutral Theory is controversial in ecology. Ecologists and philosophers have diagnosed the source of the controversy as: its false assumption that individuals in different species within the same trophic level are ecologically equivalent, its conflict with Competition Theory and the adaptation of species, its role as a null hypothesis, and as a Lakatosian research programme. In this paper, I show why we should instead understand the conflict at the level of research programs which involve more than theory. The Neutralist and (...) Competitionist research programs borrow and construct theories, models, and experiments for various aims and given their home ecological systems. I present a holistic and pragmatic view of the controversy that foregrounds the interrelation between many kinds of practices and decisions in ecological research. (shrink)

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

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons "outside (...) their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

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

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

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

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

Mereonominalism, holonominalism, and part-whole realism represent competing views on the metaphysics of parts and wholes. Mereonominalism claims that what parts exist is a function of the concepts we use in describing composite wholes. Holonominalism claims that what composite wholes exist is a function of the concepts we use in describing things that can qualify as parts. Part-whole realism claims that parts and wholes exist independent of our concepts. I argue that all three views face problems, but that the problem facing (...) part-whole realism can be solved by adopting a version of hylomorphism that takes its cue from Aristotle’s account of form. (shrink)

[This download contains the introductory chapter.] People confabulate when they make an ill-grounded claim that they honestly believe is true, for example in claiming to recall an event from their childhood that never actually happened. This interdisciplinary book brings together some of the leading thinkers on confabulation in neuroscience, psychiatry, psychology, and philosophy.

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.

"William Day is . . . concerned to explore the dynamics of what Cavell calls 'a theology of reading' through a careful examination of a fragment of the philosopher's autobiography first published as 'Excerpts from Memory' (2006) and subsequently revised for Little Did I Know (2010). If, as Cavell suggests, 'the underlying subject' of both criticism and philosophy is 'the subject of examples', in which our interest lies in their emblematic aptness or richness as exemplars, exemplarity becomes central to (...) the aim of our reading. . . . Day considers how autobiography as a genre is preoccupied with the question of the author's exemplarity (Augustine or Rousseau), and in Cavell's retelling in 'Excerpts from Memory' he discusses how an event that Cavell would have us read allegorically - his move at the age of seven to a new apartment, his coming upon a familiar bowl containing nonpareils, his remark upon this to his father and his father's violent reaction - recasts a scene of paternal hatred as the child's offer of communion. Day suggests that this retelling proves to be redemptive: first, of the incident itself, and second, of the reader's own experience. Seeing how to read this autobiographical life as exemplary helps us to transfigure our own moments of deprivation into so many possibilities for freedom." --James Loxley and Andrew Taylor, introductory chapter to Stanley Cavell: Philosophy, Literature and Criticism, 15-16. (shrink)

While epistemic democrats have claimed that majority rule recruits the wisdom of the crowd to identify correct answers to political problems, the conjecture remains abstract. This article illustrates how majority rule leverages the epistemic capacity of the electorate to practically enhance the instrumental value of elections. To do so, we identify a set of sufficient conditions that effect such a majority rule mechanism, even when the decision in question is multidimensional. We then look to the case of sociotropic economic voting (...) in US presidential elections to provide empirical tractability for these conditions. We find that absent such an epistemic capacity a number of presidential elections might well have been decided differently. By generating clear conditions for the plausibility of claims made by epistemic democrats, and demonstrating their correspondence to empirical data, this article strengthens the broader instrumental grounds recommending democracy. (shrink)

Seeing Wittgenstein Anew is the first collection to examine Ludwig Wittgenstein’s remarks on the concept of aspect-seeing. These essays show that aspect-seeing was not simply one more topic of investigation in Wittgenstein’s later writings, but, rather, that it was a pervasive and guiding concept in his efforts to turn philosophy’s attention to the actual conditions of our common life in language. Arranged in sections that highlight the pertinence of the aspect-seeing remarks to aesthetic and moral perception, self-knowledge, mind and consciousness, (...) linguistic agreement, philosophical therapy, and “seeing connections,” the sixteen essays, which were specially commissioned for this volume, demonstrate the unity of not only Philosophical Investigations but also Wittgenstein’s later thought as a whole. They open up novel paths across familiar fields of thought: the objectivity of interpretation, the fixity of the past, the acquisition of language, and the nature of human consciousness. Significantly, they exemplify how continuing consideration of the interrelated phenomena and concepts surrounding aspect-seeing might produce a fruitful way of doing philosophy. The volume includes a concordance for the unnumbered remarks in the various editions of Philosophical Investigations, including the latest (4th) edition. (The front matter is posted here. The introduction - "Seeing Aspects in Wittgenstein" - appears below under "Published articles."). (shrink)

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

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)

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)

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)

Recent progress in artificial intelligence (AI) has drawn attention to the technology’s transformative potential, including what some see as its prospects for causing large-scale harm. We review two influential arguments purporting to show how AI could pose catastrophic risks. The first argument — the Problem of Power-Seeking — claims that, under certain assumptions, advanced AI systems are likely to engage in dangerous power-seeking behavior in pursuit of their goals. We review reasons for thinking that AI systems might seek power, that (...) they might obtain it, that this could lead to catastrophe, and that we might build and deploy such systems anyway. The second argument claims that the development of human-level AI will unlock rapid further progress, culminating in AI systems far more capable than any human — this is the Singularity Hypothesis. Power-seeking behavior on the part of such systems might be particularly dangerous. We discuss a variety of objections to both arguments and conclude by assessing the state of the debate. (shrink)

مداخلة مترجمة عن الفرنسية للفيلسوف الفرنسي جيل دولوز.

There are two general routes that Augustine suggests in De Trinitate, XV, 14-16, 23-25, for a psychological account of the Father's intellectual generation of the Word. Thomas Aquinas and Henry of Ghent, in their own ways, follow the first route; John Duns Scotus follows the second. Aquinas, Henry, and Scotus's psychological accounts entail different theological opinions. For example, Aquinas (but neither Henry nor Scotus) thinks that the Father needs the Word to know the divine essence. If we compare the theological (...) views entailed by their psychologies we find a trajectory from Aquinas, through Henry, and ending with Scotus. This theological trajectory falsifies a judgment that every Augustinian psychology of the divine persons amounts to a pre-Nicene functional Trinitarianism. This study makes clear how one's awareness of the theological views entailed by these psychologies enables one to assess more thoroughly psychological accounts of the identity and distinction of the divine persons. (shrink)

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)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (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)

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)

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

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 is an old draft of a paper that seeks to find the minimum cognitive/practical role for indeterminacy that we get if we assume a fully classical logic and semantics, but reject epistemicism. The ambition is to connect that classical setting to the framework for rational belief and decision I described in "Decision Making under Indeterminacy".

Might it be that world itself, independently of what we know about it or how we represent it, is metaphysically indeterminate? This article tackles in turn a series of questions: In what sorts of cases might we posit metaphysical indeterminacy? What is it for a given case of indefiniteness to be 'metaphysical'? How does the phenomenon relate to 'ontic vagueness', the existence of 'vague objects', 'de re indeterminacy' and the like? How might the logic work? Are there reasons for postulating (...) this distinctive sort of indefiniteness? Conversely, are there reasons for denying that there is indefiniteness of this sort? (shrink)

This chapter defends the account of metaphysical indeterminacy of Barnes and Williams against Eklund's objections.

This article contends that recent attempts to construct Frankfurt-style cases (FSCs) are irrelevant to the debate over free will. The principle of alternate possibilities (PAP) states that moral responsibility requires indeterminism, or multiple possible futures. Frankfurt's original case purported to demonstrate PAP false by showing an agent can be blameworthy despite not having the ability to choose otherwise; however he admits the agent can come to that choice freely or by force, and thus has alternate possibilities. Neo-FSCs attempt to show (...) that alternate possibilities are irrelevant to explaining an agent's moral responsibility, but a successful Neo-FSC would be consistent with the truth of PAP, and thus is silent on the big metaphysical issues at the center of the free will debate. (shrink)

Inscrutability arguments threaten to reduce interpretationist metasemantic theories to absurdity. Can we find some way to block the arguments? A highly influential proposal in this regard is David Lewis’ ‘ eligibility ’ response: some theories are better than others, not because they fit the data better, but because they are framed in terms of more natural properties. The purposes of this paper are to outline the nature of the eligibility proposal, making the case that it is not ad hoc, but (...) instead flows naturally from three independently motivated elements; and to show that severe limitations afflict the proposal. In conclusion, I pick out the element of the eligibility response that is responsible for the limitations: future work in this area should therefore concentrate on amending this aspect of the overall theory. (shrink)

This case study examines some of the challenges, and in particular conflicts of interest, that professors face in writing letters of reference for their students.

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)

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

The hard problem of consciousness has held center stage in the philosophy of mind for the past two decades. It claims that the phenomenal character of conscious experiences—what it’s like to be in them—cannot be explained by appeal to the operation of physiological subsystems. The hard problem arises, however, only given the assumption that hylomorphism is false. Hylomorphism claims that structure is a basic ontological and explanatory principle. A human is not a random collection of physical materials, but an individual (...) composed of physical materials with a structure that accounts for what it is and what it can do—the powers it has. What is true of humans is true of their activities as well. The latter are not random physiological changes, but structured ones: we engage in them by coordinating the ways our parts manifest their powers. Structured activities include perceptual experiences. Consequently, everything about a perceptual experience, including its phenomenal character, can be explained by describing the perceiver’s perceptual subsystems, the powers of those subsystems, and the coordination that unifies their activities into the activity of the perceiver as a whole. Conscious experiences thus fit unproblematically into the natural world—just as unproblematically as the phenomenon of life. Even exponents of the hard problem of consciousness agree that there is no hard problem of life. Consequently, if hylomorphism is true, there can be no hard problem of consciousness. To insist that there is such a problem, then, is implicitly to reject hylomorphism. The concept of consciousness that motivates the hard problem is as much a theoretical construct, therefore, as the concept of life that motivates an obstinate vitalist. (shrink)

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)