The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online (...) class='Hi'>Alternative Dispute Resolution (OADR) can maximize the growth of e-commerce. (shrink)

UNRWA’s Mediation Process is a key element in the organization’s efforts to strengthen its internal justice system. The research aims to study the reality of mediator competencies, emotional intelligence and case characteristics variables, (UNRWA) Gaza. The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. The researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, (...) a semi-structured interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The results proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: UNRWA should adopt mediation as a method to resolve disputes at workplace instead of following litigation before the courts, as many organizations today increasingly started to adopt mediation as a method to resolve disputes at workplace. This will help decreasing the high cost, non-flexibility, and threatening features of disputes and conflicts resolution before courts, as well as enhance the relationship between disputant parties. Mediators are essentially recommended to attend regular training such as guiding negotiation processes, employing group sessions properly, overcoming obstacles, summarizing & analytical skills and selecting emotional words and phrases, it is also important to encourage the mediation experts' training workshops and meetings. Regular training sessions will not only improve skills and abilities, but will also imply variety and flexibility. This leads to having competent qualified mediators who are able to resolve organization’s workplace disputes in a way, which satisfies the need of disputants. (shrink)

Abstract: The research also aims at identifying the differences between respondents as attributed to their professional and personal traits of age, gender, educational level, distribution of department, dispute resolution experience and representation party. Researchers adopted mixed data collection methods; quantitative and qualitative. For qualitative, a semi-structured interview was conducted with (9) officials including management, staff unions and expert external mediators. (63) Questionnaires were distributed to a systematic random sample population; (56) were received, with a response rate 88.9%. The (...) results proved that there are no significant differences among respondents attributed to personal and professional traits of age, academic background, gender, department, years’ of experience, educational degree and representation party. The research has presented some recommendations concerning the factors affecting the mediation outcomes of workplace disputes resolution. The recommendations include: Selecting expert mediators to deal with multi-culture groups. Ensuring equal gender representation in working groups, teamwork and committees and encouraging female participation in mediation processes to resolve dispute at work place. Developing the mediation schema in a way that empowers the mediator to increase her/his ability to lead and establish compromise solutions for workplace disputes. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online (...) class='Hi'>alternative dispute resolution (OADR) can maximise the growth of e-commerce. (shrink)

Modern Hume scholarship is still divided into two major camps when it comes to the issue of causation. There are those scholars who interpret Hume as a causal anti-realist, and there are those who interpret him as a causal realist. In my paper, I argue that there is an overwhelming amount of evidence – especially textual evidence – that should lead us to read Hume as being a causal anti-realist. That is to say, one who believes that cause and effect (...) relations are felt and known in the mind of the perceiver alone; not in objects themselves. I then attempt to settle, at least partially, the ‘two definitions of cause dispute’ that was brought about by Hume’s giving us not one, but two non-equivalent and non-substitutable definitions of the cause and effect relation. (shrink)

In Willing, Wanting, Waiting, Richard Holton lays out a detailed account of resolutions, arguing that they enable agents to resist temptation. Holton claims that temptation often leads to inappropriate shifts in judgment, and that resolutions are a special kind of first- and second-order intention pair that blocks such judgment shift. In this paper, I elaborate upon an intuitive but underdeveloped objection to Holton’s view – namely, that his view does not enable agents to successfully block the transmission of temptation in (...) the way that he claims, because the second-order intention is as equally susceptible to temptation as the first-order intention alone would be. I appeal to independently compelling principles – principles that Holton should accept, because they help fill an important explanatory gap in his account – to demonstrate why this objection succeeds. This argument both shows us where Holton’s view goes wrong and points us to the kind of solu-tion we need. In conclusion, I sketch an alternative account of resolutions as a first-order intention paired with a second-order desire. I argue that my account is not susceptible to the same objection because a temptation that cannot be blocked by an intention can be blocked by a desire. (shrink)

This chapter focuses on alternative logics. It discusses a hierarchy of logical reform. It presents case studies that illustrate particular aspects of the logical revisionism discussed in the chapter. The first case study is of intuitionistic logic. The second case study turns to quantum logic, a system proposed on empirical grounds as a resolution of the antinomies of quantum mechanics. The third case study is concerned with systems of relevance logic, which have been the subject of an especially (...) detailed reform program. Finally, the fourth case study is paraconsistent logic, perhaps the most controversial of serious proposals. (shrink)

Both Heidegger and Wittgenstein consider the possibility of a philosophical inquiry of an absolutely universal scope—an inquiry into the being of all beings, in Heidegger’s case, and into the logical form of everything that can be meaningfully said, in Wittgenstein’s. Moreover, they both raise the worry that the theoretical language by means of which we speak of particular beings and assert particular facts is not suited to this task. And yet their own philosophical work seems to include many assertions of (...) ordinary, theoretical language. Are they being inconsistent? Or are they hoping to use theoretical language in a way that conveys what cannot be said in that language? Much of the scholarship on each of these thinkers takes the form of one of the two horns of this dilemma. In the context of Wittgenstein scholarship, however, a third alternative has been proposed: the Resolute Reading of the Tractatus. My aim is to establish the availability of a similar solution to Heidegger’s predicament. It will emerge that Heidegger rejects the possibility of a theoretical account of being and pursues a project of a radically different sort, whose goal is to bring about a transformation of our fundamental relation to being. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison (...) of two recent cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

In this paper, I develop a quasi-transcendental argument to justify Kant’s infamous claim “man is evil by nature.” The cornerstone of my reconstruction lies in drawing a systematic distinction between the seemingly identical concepts of “evil disposition” (böseGesinnung) and “propensity to evil” (Hang zumBösen). The former, I argue, Kant reserves to describe the fundamental moral outlook of a single individual; the latter, the moral orientation of the whole species. Moreover, the appellative “evil” ranges over two different types of moral failure: (...) while an “evil disposition” is a failure to realize the good (i.e., to adopt the motive of duty as limiting condition for all one’s desires), an “evil propensity” is a failure to realize the highest good (i.e., to engage in the collective project of transforming the legal order into an ethical community). This correlation between units of moral analysis and types of obligation suggests a way to offer a deduction of the universal propensity on behalf of Kant. It consists in tracing the source of radical evil to the same subjective necessity that gives rise to the doctrine of the highest good. For, at the basis of Kant’s two doctrines lies the same natural dialectic between happiness and morality. While the highest good brings about the critically acceptable resolution of this dialectic, the propensity to evil perpetuates and aggravates it. Instead of connecting happiness and morality in an objective relation, the human will subordinatesmorality to the pursuit of happiness according to the subjective order of association. If this reading is correct, it would explain why prior attempts at a transcendental deduction have failed: interpreters have looked for the key to the deduction in the body of Kant’s text, where it is not to be found, for it is tucked, instead, in the Preface to the first edition. (shrink)

Higher-order realists about properties express their view that there are properties with the help of higher-order rather than first-order quantifiers. They claim two types of advantages for this way of formulating property realism. First, certain gridlocked debates about the nature of properties, such as the immanentism versus transcendentalism dispute, are taken to be dissolved. Second, a further such debate, the tropes versus universals dispute, is taken to be resolved. In this paper I first argue that higher-order realism does (...) not in fact resolve the tropes versus universals dispute. In a constructive spirit, I then develop higher-order realism in a way that leads to a dissolution, rather than a resolution, of this dispute too. (shrink)

A problem for dialogue models of argumentation is to specify a set of conditions under which an opponent’s claims, offered in support of a standpoint under dispute, ought to be challenged. This project is related to the issue of providing a set of acceptability conditions for claims made in a dialogue. In this paper, we consider the conditions of suspicion and trust articulated by Jacobs (Alta, 2003), arguing that neither are acceptable as general conditions for challenge. We propose a (...) third condition that attempts to mark a middle ground between suspicion and trust. (shrink)

A methodological model of origin and settlement of theory-choice situations (previously tried on the theories of Einstein and Lorentz in electrodynamics) is applied to modern Theory of Gravity. The process of origin and growth of empirically-equivalent relativistic theories of gravitation is theoretically reproduced. It is argued that all of them are proposed within the two rival research programmes – (1) metric (A. Einstein et al.) and (2) nonmetric (H. Poincare et al.). Each programme aims at elimination of the cross-contradiction between (...) the special theory of relativity and Newton’s theory of gravitation. New arguments in favor of Einstein’s programme are given. Nevertheless, this does not imply the necessity to rule out all the nonmetric theories, since Einstein’s and Poincare’s programmes are alternative only as different tools of the cross-contradiction elimination. In the other respects these programmes are complementary: description, explanation and prediction of gravitational experimental data entails the usage of the languages of nonmetric theories as well as of metric ones. The part of the present investigation elucidating the necessity of nonmetric theories is an implementation of the ideas of A.Z. Petrov, the founder of Kazan University Relativity Department. Late Alexei Zinovievich had frequently punctuated that the notion of Riemann space-time continuum common for all metric theories obfuscates all the gravitational notions considerably and hampers the analogies with other physical theories at hand. Since the ambiguity is a hallmark of all the general relativism notions, approach to their definitions “should be determined not by analogies and contingent facts, but by general considerations linked the physical measurements theory… No matter how far the events lie out of the frames of classical physical explanations, all the experimental data should be described by classical notions” (Petrov, 1965,pp. 59,66). Key words: Kip S. Thorne, A.P. Lightman, Stepin, theory of gravity . (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

Within the Thomistic moral tradition, the is-ought gap is regularly treated as identical to the fact-value gap, and these two dichotomies are also regularly treated as being identical to Aristotle and Aquinas’s distinction between the practical and speculative intellect. The question whether (and if so, how) practical (‘ought’) knowledge derives from speculative (‘is’) knowledge has driven some of the fiercest disputes among the schools of Thomistic natural lawyers. I intend to show that both of these identifications are wrong and the (...) debate has been misframed. The is-ought gap is not the fact-value gap, nor does the is-ought gap correspond to Aquinas’s distinction between the speculative and practical. This opens the possibility of a resolution--within the Thomistic school--to a debate that has, heretofore, proven particularly resistant of consensus. I close by offering a tentative account of precisely how synderesis gives us our first awareness of moral law from a prior speculative understanding. (shrink)

The aim of this chapter is to show how we can account for a most peculiar feature of human life: i.e. the need to address the real possibility of failing to be ourselves.

Despite his impressive influence on nineteenth-century philosophy, F. A. Trendelenburg's own philosophy has been largely ignored. However, among Kant scholars, Trendelenburg has always been remembered for his feud with Kuno Fischer over the subjectivity of space and time in Kant's philosophy. The topic of the dispute, now frequently referred to as the ?Neglected Alternative? objection, has become a prominent issue in contemporary discussions and interpretations of Kant's view of space and time. The Neglected Alternative contends that Kant (...) unjustifiably moves from the claim that we have a priori intuitions of space and time to the sceptical conclusion that space and time are exclusively subjective. Most current discussions trace the objection back to Trendelenburg and often use him to motivate the objection. However, to date Trendelenburg's actual arguments and reasons for rejecting the Kantian view of space and time have not been sufficiently uncovered; my goal here is to fill this lacuna. By better understanding what Trendelenburg actually argued, we will be in a better position to assess whether the Neglected Alternative objection against Kant is successful. But in addition, Trendelenburg's own system is of independent philosophical interest, and my work here will shed light on one part of it. (shrink)

This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such (...) as “begging” from elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension. (shrink)

This paper starts by characterising moral requirements and everyday thought. Then ways in which moral requirements shape everyday thought are identified, including the way internalised moral requirements prevent some possible actions from even being considered. The paper then explains that everyday moral thought might be structured by dispositions to which there are corresponding principles even if these principles do not usually appear in the conscious thoughts of agents while they are engaged in everyday moral decision-making. Nevertheless, especially when conflicts between (...) moral considerations arise, alternative possible resolutions are typically framed in terms of principles. The paper pushes on to discuss how everyday moral thought is pushed to consider principles, engage in moral theorising, and even consider abstract moral theories. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Disputes about the causal structure of natural selection have implications for teleosemantics. Etiological, mainstream teleosemantics is based on a causalist view of natural selection. The core of its solution to Brentano’s Problem lies in the solution to Kant’s Puzzle provided by the Modern Synthesis concerning populational causation. In this paper, I suggest that if we adopt an alternative, statisticalist view on natural selection, the door is open for two reflections. First, it allows for setting different challenges to etiological teleosemantics (...) that arise if a statisticalist reading of natural selection is right. Second, by providing a different solution to Kant’s Puzzle based on individual causes of evolution, statisticalism promotes a different answer to Brentano’s Problem, what I label as Agential Teleosemantics. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, (...) who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...) proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

In this paper, we present two puzzles involving desire reports concerning series of events. What does a person want to happen in the first event – is it the event with the highest expected return, or the event that is the initial part of the best series? We show that existing approaches fail to resolve the puzzles around this question and develop a novel account of our own. Our semantics is built around three ideas. First, we propose that desire ascriptions (...) are evaluated relative to a contextually supplied set of propositions, or alternatives. The semantic value of an ascription ‘S wants p’ is determined by S's preference ordering over these alternatives. Second, we propose that desire reports carry a requirement to the effect that the prejacent of the ascription must be suitably related to the background set of alternatives. Finally, we suggest that desire reports carry a dominance condition concerning the subject's ranking of the alternatives. Overall, we argue that our theory provides us with an elegant resolution of our puzzles, and yields a promising approach to desire. (shrink)

This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on (...) the resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (shrink)

According to a traditional view, there is no categorical difference between the phenomenology of perception and the phenomenology of imagination; the only difference is in degree (of intensity, resolution, etc.) and/or in accompanying beliefs. There is no categorical difference between what it is like to perceive a dog and what it is like to imagine a dog; the former is simply more vivid and/or is accompanied by the belief that a dog is really there. A sustained argument against this (...) traditional view is prosecuted by Sartre, who develops an alternative according to which there is a categorical difference between the two phenomenologies. This paper draws on Sartre’s work in this area to develop a similar account of perception and imagination as categorically different. (shrink)

Vihvelin argues that Frankfurt-style cases should be divided into two kinds, according to when the trigger for the intention takes place: either prior to the agent's choice or after it. Most agree that only the former, which I call pre-decisional intervention, stands a chance of removing all of an agent's alternatives. Vihvelin notes that both sides in the dispute over whether there is a successful case of pre-decisional intervention assume that if there is a successful case, then it will (...) be a case where the agent has no alternative. Vihvelin thinks this is a mistake: agents subject to pre-decisional intervention still have alternatives, and the intricate discussion and development of ever more complex Frankfurt-style cases is beside the point. She argues for this by presenting a case, purportedly analogous to Frankfurt-style cases, where it is clear that there are alternatives available. Fischer has replied by disputing the analogy. In this paper I argue that Vihvelin is right to think the cases are analogous, but that both Fischer and Vihvelin are wrong to think that Vihvelin's parallel case is one where there are alternatives. Despite appearances, this is not the case, and I construct a Fischer-inspired argument to show this. (shrink)

Causal Determinism (CD) entails that all of a person’s choices and actions are nomically related to events in the distant past, the approximate, but lawful, consequences of those occurrences. Assuming that history cannot be undone nor those (natural) relations altered, that whatever results from what is inescapable is itself inescapable, and the contrariety of inevitability and freedom, it follows that we are completely devoid of liberty: our choices are not freely made; our actions are not freely performed. Instead of disputing (...) the soundness of this reasoning, some philosophers prefer to maintain that we could yet have a small measure of freedom were CD true of our world: although being unable to choose or act differently, one could at least under normal circumstances truly claim to be acting ‘on one’s own’, beyond the control of ‘outside forces’, in a word, autonomous. They further argue that being free in this sense suffices for moral responsibility. Call their philosophy ‘Autonomy Compatibilism’ (AC). -/- In adopting here reactive attitudes towards an agent, one is choosing to highlight the fact that the individual in question is of sound mind, reasoning and acting free from the interference of others. These facts alone, the adherent of AC claims, justify his stance, despite the necessity of the agent’s choices. Why would we not regard a sane individual who is not being coerced, intimidated, deceived or unduly put upon as in charge of his life so as to be responsible for his activities? -/- The Manipulation Argument (MA) is supposed to cut off this line of retreat. Its authors hold that, were CD true of our world, we would be no more autonomous than a victim of “covert, non-constraining control” (CNC): manipulation whereby one person causes another, through the use of methods such as brainwashing or circumspect operant conditioning, to ‘do his bidding’ without the latter being aware of his subjugation or feeling in any way coerced. Since a CNC victim obviously lacks autonomy, then so must “persons” living in a deterministic universe. Defenders of AC have, then, the following argument with which to contend: -/- 1. Victims of CNC (obviously) lack autonomy. 2. Thus, AC would be true only if some definition of autonomy succeeds in specifying a freedom relevant difference between victims of CNC and agents whose choices/actions are necessary consequences of prior events. 3. There could be no such definition. 4. Therefore, AC must be false. -/- The challenge issued here is clear: find a way to refute the claim that being subject to natural laws would be tantamount to being a victim of CNC, to show that Nature is no manipulator. Moreover, this challenge cannot be met by responding with a Frankfurt case: a situation in which things have been surreptitiously arranged so that an agent is unable to avoid doing something that he manages to do ‘on his own’, thus, being autonomous despite his inability to act otherwise. For, even if CD is not inconsistent with autonomy because it eliminates the ability to do otherwise per se, it may yet entail that no human agent ever does act of his own accord, an implication of which would be a lack of alternatives on anyone’s part. In other words, the fact that causally determined beings could never act differently than they do does is perhaps only symptomatic of the reason why such beings would lack autonomy: forces beyond their control would have dominion over their psychological development. Thus, AC advocates must show that the way that an agent’s character would be shaped, were she (merely) subject to natural laws, would leave unimpaired an ability that CNC would destroy. What follows is a definition of this ability, which I also use to solve the Problem of Freedom and Foreknowledge. (shrink)

A long-running dispute concerns which adaptation-related explananda natural selection can be said to explain. At issue are explananda of the form: why a given individual organism has a given adaptation rather than that same individual having another trait. It is broadly agreed that one must be ready to back up a “no” answer with an appropriate theory of trans-world identity for individuals. I argue, against the conventional wisdom, that the same is true for a “yes” answer. My conclusion recasts (...) the landscape and opens the door to a potential resolution. (shrink)

This paper compares different normative and institutional paradigms of journalism with respect to peaceful conflict resolution and democratic communication. It begins with the problematic but still dominant 'regime of objectivity,' and then considers three contemporary challengers: peace journalism, alternative media, and media democratization/communication rights movements. The paradigms are compared in terms of such factors as public philosophy, epistemological assumptions, characteristic practices, institutional entailments, relationship to dominant institutions and power structures, allies and opponents, and antagonisms and synergies between them. (...) I conclude that while peace journalism is a promising initiative, it could gain traction by exploring synergies with the other challenger paradigms. (shrink)

In the last century, philosophers turned their attention to language. One place they have looked for clues about its nature is Plato’s Cratylus, which considers whether names are naturally or conventionally correct. The dialogue is a source of annoyance to many commentators because it does not take a clear position on the central question. At times, it argues that language is conventional, and, at other times, defends the view that language is natural. This lack of commitment has led to a (...) longstanding dispute over the outcome of the dialogue. I argue that the Cratylus provides no clear resolution to this problem because it presupposes certain unexamined metaphysical commitments about the nature of reality, which are in need of thorough investigation. (shrink)

David Hume’s views on the subject of free will are among the most influential contributions to this long-disputed topic. Throughout the twentieth century, and into this century, Hume has been widely regarded as having presented the classic defense of the compatibilist position, the view that freedom and responsibility are consistent with determinism. Most of Hume’s core arguments on this issue are found in the Sections entitled “Of liberty and necessity,” first presented in Book 2 of A Treatise of Human Nature (...) (1739) and then in his An Enquiry concerning Human Understanding (1748). Although the general position in both these works is much the same, there are some significant points of difference relating to the way in which the core position is presented and also in the specific range of arguments covered. The focus of my concerns in this essay will not, however, lie with the relationship between the Treatise and the first Enquiry versions of “Of liberty and necessity.” My discussion will center on the contrast between two alternative interpretations of Hume’s views on this subject, with particular reference to the version presented in the Treatise. It will be my particular concern to explain and defend the naturalistic as against the classical compatibilist account and to explain the general significance of the naturalistic account for the contemporary debate. (shrink)

Nonindexical Context-Dependence and the Interpretation as Abduction Approach Inclusive nonindexical context-dependence occurs when the preferred interpretation of an utterance implies its lexically-derived meaning. It is argued that the corresponding processes of free or lexically mandated enrichment can be modeled as abductive inference. A form of abduction is implemented in Simple Type Theory on the basis of a notion of plausibility, which is in turn regarded a preference relation over possible worlds. Since a preordering of doxastic alternatives taken for itself only (...) amounts to a relatively vacuous ad hoc model, it needs to be combined with a rational way of learning from new evidence. Lexicographic upgrade is implemented as an example of how an agent might revise his plausibility ordering in light of new evidence. Various examples are given how this apparatus may be used to model the contextual resolution of context-dependent or semantically incomplete utterances. The described form of abduction is limited and merely serves as a proof of concept, but the idea in general has good potential as one among many ways to build a bridge between semantics and pragmatics since inclusive context-dependence is ubiquitous. (shrink)

David Hume’s views on the subject of free will are among the most influential contributions to this long-disputed topic. Throughout the twentieth century, and into this century, Hume has been widely regarded as having presented the classic defense of the compatibilist position, the view that freedom and responsibility are consistent with determinism. Most of Hume’s core arguments on this issue are found in the sections entitled “Of liberty and necessity,” first presented in Book 2 of A Treatise of Human Nature (...) (1739) and then in his An Enquiry concerning Human Understanding (1748). Although the general position in both these works is much the same, there are some significant points of difference relating to the way in which the core position is presented and also in the specific range of arguments covered. The focus of my concerns in this essay will not, however, lie with the relationship between the Treatise and the first Enquiry versions of “Of liberty and necessity.” My discussion will center on the contrast between two alternative interpretations of Hume’s views on this subject, with particular reference to the version presented in the Treatise. It will be my particular concern to explain and defend the naturalistic as against the classical compatibilist account and to explain the general significance of the naturalistic account for the contemporary debate. (shrink)

E.J. Lowe attempts to meld elements of volitionalism and agent causalism in his recent essay on philosophy of action, Personal Agency. United in the belief that our mental states are inefficacious when it comes to producing volitions, agent causalists disagree over just how to formulate an alternative understanding of mental agency. We exercise self-control so as to appropriate objects of reactive attitudes by being the ultimate sources of our behavior- here they concur. But the precise nature of the relation (...) between agents and the volitions that ensue upon exercises of our will is disputed. Volitionalists, for their part, refuse to countenance talk of substances as causal relata. Only events are effective, they see our mental lives and attendant behavior proceeding without us being in any way involved except, perhaps, as spectators with a rooting interest in their having favorable outcomes, the threat such a nullification would pose to our belief in free will apparently being of less concern to them than the imperative of subsuming all occurrences under natural laws. (shrink)

Priority Theory is an increasingly popular view in metaphysics. By seeing metaphysical questions as primarily concerned with what explains what, instead of merely what exists, it promises not only an interesting approach to traditional metaphysical issues but also the resolution of some outstanding disputes. In a recent paper, Louis deRosset argues that Priority Theory isn’t up to the task: Priority Theory is committed to there being explanations that violate a formal constraint on any adequate explanation. This paper critically examines (...) deRosset’s challenge to Priority Theory. We argue that deRosset’s challenge ultimately fails: his proposed constraint on explanation is neither well-motivated nor a general constraint. Nonetheless, lurking behind his criticism is a deep problem for prominent ways of developing Priority Theory, a problem which we develop. (shrink)

What constitutes numerically one and the same tradition diachronically, at different times? This question is the focus of often violent dispute in societies. Is it capable of a rational resolution? Many accounts attempt that resolution with a diagnosis of ambiguity of the disputed concept-Islam, Marxism, or democracy for example. The diagnosis offered is in terms of vagueness, namely the vague criteria for sameness or similarity of central beliefs and practices.

The conception of a ‘law of nature’ is a human product. It was created to play a role in natural philosophy, in the Cartesian tradition. In light of this, philosophers and scientists must sort out what they mean by a law of nature before evaluating rival theories and approaches. If one’s conception of the laws of nature is yoked to metaphysical notions of truth and explanation, that connection must be made explicit and defended. If, on the other hand, one’s aim (...) is to disentangle laws from truth or from explanation, that must be stated and defended as well. If philosophers do not make such assumptions, intuitions, and methodological commitments clear, then it will be impossible to identify the source of disagreement in debates about the laws of nature. Are the conflicts rooted in disagreement about the conclusions reached, or do the background commitments of the combatants block any resolution to the dispute in principle or in practice? (shrink)

We are sometimes unsure of the moral status of our relationships with other entities. Recent case studies in this uncertainty include our relationships with artificial agents (robots, assistant AI, etc.), animals, and patients with “locked-in” syndrome. Do these entities have basic moral standing? Could they count as true friends or lovers? What should we do when we do not know the answer to these questions? An influential line of reasoning suggests that, in such cases of moral uncertainty, we need meta-moral (...) decision rules that allow us to either minimize the risks of moral wrongdoing or improve the choice-worthiness of our actions. One particular argument adopted in this literature is the “risk asymmetry argument,” which claims that the risks associated with accepting or rejecting some moral facts may be sufficiently asymmetrical as to warrant favoring a particular practical resolution of this uncertainty. Focusing on the case study of artificial beings, this article argues that this is best understood as an ethical-epistemic challenge. The article argues that taking potential risk asymmetries seriously can help resolve disputes about the status of human–AI relationships, at least in practical terms (philosophical debates will, no doubt, continue); however, the resolution depends on a proper, empirically grounded assessment of the risks involved. Being skeptical about basic moral status, but more open to the possibility of meaningful relationships with such entities, may be the most sensible approach to take. (shrink)

The field of the philosophy of biology is flourishing in its aim to evaluate and rethink the view inherited from the previous century ---the Modern Synthesis. Different research areas and theories have come to the fore in the last decades in order to account for different biological phenomena that, in the first instance, fall beyond the explanatory scope of the Modern Synthesis. This thesis is anchored and motivated by this revolt in the philosophy of biology. -/- The central target in (...) this context is the possibility of naturalizing teleology, a classical nightmare for the history of biology itself. This requires, principally, understanding the causes of teleological explanations without assuming an unfashioned backward causation of sorts. As the riddles of teleological explanations are about their temporal dimension, I analyze different temporal scales of biological processes: evolutionary, developmental, and physiological. -/- The first one is the one defended in the context of the Modern Synthesis. As expected, one of the aims of this thesis is to evaluate the adequacy of an evolutionary account of teleological explanation. The scrutiny is negative. Evolutionary explanations in the context of the Modern Synthesis lack the necessary causal roots to naturalize teleology. Concerning the physiological scale, a long tradition pushed up by Kant and the organicist movement in the 20th century allows us to better understand how teleological explanations can be naturalized in physiological process. The key notions in this temporal scale are self-organization and the recursive, looped character of physiological process. While the physiological scale may be suitably accounted by contemporaries views, such as Autonomous Systems Theory, different central teleological phenomena remain unexplained from a purely physiological perspective. In particular, different issues concerning the (adaptive) construction of organism ---such as plasticity, robustness, variation, novelty, inheritance--- deserve an ontogenetic analysis. -/- The principal aim of this thesis is to provide a theory of teleological development that falls beyond the Modern Synthesis' framework and is prompted by different insights from the history of biology. I call it Agential Teleosemantics. It rests on two central pillars. First, that developmental processes, beyond any gene-centered stance, can be understood in informational terms; i.e. developmental processes are about the interaction of developmental resources conveying biological information. The second ingredient is agentivity, namely the idea that development is regulated by an agentive system according to the adaptiveness of the phenotypic outcomes produced. The role of agency in Agential Teleosemantic is equivalent to the role of genes in the Modern Synthesis: it is responsible for explaining the order and the adaptive complexity in the living realm. -/- The second target of this thesis regards the possibility of naturalizing intentional explanations in cognitive science. The central project involved in such an aim is known as teleosemantics. Classical teleosemantics however is etiological: it explains the teleofunctions of representational systems in terms of evolutionary processes. The different disputes in the contemporary philosophy of biology provide two insights to analyze teleosemantics in cognitive science. First, the challenges against the Modern Synthesis must be extended to the evolutionary approach of etiological teleosemantics. Second, as Agential Teleosemantics suggests an alternative source for teleofunctions ---ontogeny, I offer an attempt to integrate Agential Teleosemantics into cognitive science in order to provide an alternative teleosemantic project to understand intentional explanations in cognitive science. (shrink)

The paper explores the idea that some singular judgements about the natural numbers are immune to error through misidentification by pursuing a comparison between arithmetic judgements and first-person judgements. By doing so, the first part of the paper offers a conciliatory resolution of the Coliva-Pryor dispute about so-called “de re” and “which-object” misidentification. The second part of the paper draws some lessons about what it takes to explain immunity to error through misidentification. The lessons are: First, the so-called (...) Simple Account of which-object immunity to error through misidentification to the effect that a judgement is immune to this kind of error just in case its grounds do not feature any identification component fails. Secondly, wh-immunity can be explained by a Reference-Fixing Account to the effect that a judgement is immune to this kind of error just in case its grounds are constituted by the facts whereby the reference of the concept of the object which the judgement concerns is fixed. Thirdly, a suitable revision of the Simple Account explains the de re immunity of those arithmetic judgements which are not wh-immune. These three lessons point towards the general conclusion that there is no unifying explanation of de re and wh-immunity. (shrink)

A. W. Carus champions Rudolf Carnap’s ideal of explication as a model for liberal political deliberation. Constructing a linguistic framework for discussing social problems, he argues, promotes the resolution of our disputes. To flesh out and assess this proposal, I examine debate about the social institutions of marriage and adoption. Against Carus, I argue that not all citizens would accept the pragmatic principles underlying Carnap’s ideal. Nevertheless, explication may facilitate inquiry in the social sciences and be used to create (...) models that help us to understand past disputes. This latter application reveals explication’s potential for refining the social histories that inform contemporary political discourse. (shrink)

Jerry Fodor, by common agreement, is one of the world’s leading philosophers. At the forefront of the cognitive revolution since the 1960s, his work has determined much of the research agenda in the philosophy of mind and the philosophy of psychology for well over 40 years. This special issue dedicated to his work is intended both as a tribute to Fodor and as a contribution to the fruitful debates that his work has generated. One philosophical thesis that has dominated Fodor’s (...) work since the 1960s is realism about the mental. Are there really mental states, events and processes? From his first book, Psychological Explanation (1968), onwards, Fodor has always answered this question with a resolute yes. From his early rejection of Wittgensteinian and behaviourist conceptions of the mind, to his later disputes with philosophers of mind of the elminativist ilk, he has always been opposed to views that try to explain away mental phenomena. On his view, there are minds, and minds can change the world. (shrink)

Ketamine is a well-known and widely available general anesthetic from the 1960s that, in sub-anesthetic doses, has been adopted in a limited manner for the treatment of acute suicidality and treatment-resistant depression. Its short onset time and short duration of action make it feasible for use at outpatient clinics. In the US, it has a long history of off-label use and was officially approved for depression treatment in 2019. In Finland, it has been administered to selected hospitalized patients in the (...) public healthcare system since 2010 and became available at a private outpatient clinic very recently. In Norway, it has been administered off-label at a private clinic for approximately 500 patients since mid-2010s and at a public clinic for approximately 300 patients since 2020, with plans on opening more clinics in 2024. In the US, the treatment has been administered to hundreds of thousands of patients. -/- The retrospective ethnographic inquiry part of this study features a Finnish woman in her twenties who suffered from treatment-resistant depression, rooted in her insecure childhood and having been bullied at school, as well as income insecurity and excessive workload in adulthood. Eventually, she was violently raped, which induced an obvious post-traumatic stress disorder and exacerbated her depression, incapacitating her. In the course of approximately five years, she was prescribed ten different anti-depressive medications and seventeen other medications, including various antipsychotic medications and lithium. These failed to provide an anti-depressive effect but resulted in 'massive' adverse effects instead, including 60% weight gain and psychotic hallucinations. Eventually, esketamine spray treatment at a private outpatient clinic resolved her depression in a single session. A weekly re-administration process was ongoing. -/- In this case, repeated esketamine administration alleviated depression by producing accumulating corrective emotional experiences without the need to re-experience previous traumatizing events. In a few months to a year, the transient but accumulating anti-depressive effect typically leads to the resolution of depression in most cases, if the patients' living conditions no longer constantly re-traumatize them. It is necessary to adopt ketamine more widely as an emergency measure while more effective, non-addictive alternatives and complements are prepared for adoption. The cost of this specific pilot program implementation was unscalable, but costs can be reduced by approximately 90% by modifying the implementation details. Ketamine and its more effective alternative, 5-MeO-DMT, can serve a major role in facilitating a rebirth of public and private mental healthcare systems, with treatment efficacy multiplied and treatment costs simultaneously reduced. (shrink)

A natural suggestion and increasingly popular account of how to revise our logical beliefs treats revision of logic analogously to the revision of scientific theories. I investigate this approach and argue that simple applications of abductive methodology to logic result in revision-cycles, developing a detailed case study of an actual dispute with this property. This is problematic if we take abductive methodology to provide justification for revising our logical framework. I then generalize the case study, pointing to similarities with (...) more recent and popular heterodox logics such as naïve logics of truth. I use this discussion to motivate a constraint—logical partisanhood—on the uses of such methodology: roughly: both the proposed alternative and our actual background logic must be able to agree that moving to the alternative logic is no worse than staying put. (shrink)

A dynamic semantics for epistemically modalized sentences is an attractive alternative to the orthodox view that our best theory of meaning ascribes to such sentences truth-conditions relative to what is known. This essay demonstrates that a dynamic theory about might and must offers elegant explanations of a range of puzzling observations about epistemic modals. The first part of the story offers a unifying treatment of disputes about epistemic modality and disputes about matters of fact while at the same time (...) avoiding the complexities of alternative theories. The second part of the story extends the basic framework to cover some complicated data about retraction and the interaction between epistemic modality and tense. A comparison between the suggestion made in this essay and current versions of the orthodoxy is provided. (shrink)

It is known that the Big Bang theory was based on the concept of creation ex nihilo, after ancient Greek philosophers. In this paper, we will make few remark on the concept of creatio ex nihilo (as a commentary to a recent paper by Kalachanis, Athanasios Anastasiou, Ioannis Kostikas, Efstratios Theodossious and Мilan S. Dimitrijevi), as well as two other approaches, i.e. Intelligent Design and Emergence Theory by Clayton/Yong. As continuation of our recent paper to appear in forthcoming issue of (...) J. Asia Mathematika, we argue that beside the above three approaches, a new concept called creatio ex-rotatione offers a resolution to the long standing disputes between beginning and eternity of the Universe. In other words, in this respect we agree with Vaas, i.e. it can be shown: “how a conceptual and perhaps physical solution of the temporal aspect of Immanuel Kant’s „first antinomy of pure reason“ is possible, i.e. how our universe in some respect could have both a beginning and an eternal existence. Therefore, paradoxically, there might have been a time before time or a beginning of time in time.” By the help of computational simulation, we also show how a model of early Universe with rotation can fit this new picture. (shrink)

Definitions of animal welfare often invoke consciousness or sentience. Marian Stamp Dawkins has argued that to define animal welfare this way is a mistake. In Dawkins’s alternative view, an animal with good welfare is one that is healthy and “has what it wants.” The dispute highlights a source of strain on the concept of animal welfare: consciousness-involving definitions are better able to capture the normative significance of welfare, whereas consciousness-free definitions facilitate the validation of welfare indicators. I reflect (...) on how the field should respond to this strain, ultimately recommending against splitting the concept and in favor of consciousness-involving definitions. (shrink)

When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model can be seen at (...) work today in Quebec and in Ireland, it underpins much of the rhetoric of the P.L.O., and was certainly to some degree involved as a motivating factor in much of the ethnic cleansing which took place in Bosnia in recent times. The question to be addressed in what follows is: to what extent could inter-group disputes be more peacefully resolved, and ethnic cleansing avoided, if political leaders, diplomats and others involved in the resolution of such disputes could be brought to accept weaker geometrical constraints on the shapes of nations? A number of associated questions then present themselves: What sorts of administrative and logistical problems have been encountered by existing non contiguous nations and by perforated nations, and by other nations deviating in different ways from the received geometrical ideal? To what degree is the desire for continuity and simple connectedness a rational desire, and to what degree does it rest on species of political rhetoric which might be countered by, for example, philosophical argument? These and a series of related questions will form the subject- matter of the present essay. (shrink)