It is quite plausible to say that you may read or write implies that you may read and you may write (though possibly not both at once). This so-called free choice principle is well-known in deontic logic. Sadly, despite being so intuitive and seemingly innocent, this principle causes a lot of worries. The paper briefly but critically examines leading accounts of free choice permission present in the literature. Subsequently, the paper suggests to accept the free choice principle, but only as (...) a default (or defeasible) rule, issuing to it a ticket-of-leave, granting it some freedom, until it commits an undesired inference. (shrink)

Contextuality and entanglement are valuable resources for quantum computing and quantum information. Bell inequalities are used to certify entanglement; thus, it is important to understand why and how they are violated. Quantum mechanics and behavioural sciences teach us that random variables ‘measuring’ the same content (the answer to the same Yes or No question) may vary, if ‘measured’ jointly with other random variables. Alice’s and Bob’s raw data confirm Einsteinian non-signaling, but setting dependent experimental protocols are used to create samples (...) of coupled pairs of distant ±1 outcomes and to estimate correlations.Marginal expectations, estimated using these final samples, depend on distant settings. Therefore,a system of random variables ‘measured’ in Bell tests is inconsistently connected and it should be analyzed using a Contextuality- by-Default approach, what is done for the first time in this paper.The violation of Bell inequalities and inconsistent connectedness may be explained using a contextual locally causal probabilistic model in which setting dependent variables describing measuring instruments are correctly incorporated. We prove that this model does not restrict experimenters` freedom of choice which is a prerequisite of science. Contextuality seems to be the rule and not an exception; thus, it should be carefully tested. (shrink)

It has been pointed out that Gettier case scenarios have deviant realizations and that deviant realizations raise a difficulty for the logical analysis of thought experiments. Grundmann and Horvath have shown that it is possible to rule out deviant realizations by suitably modifying the scenario of a Gettier-style thought experiment. They hypothesize further that the enriched scenario corresponds to the way expert epistemologists implicitly interpret the original one. However, no precise account of this implicit enrichment is offered, which makes the (...) proposal somewhat ad hoc. Drawing on pragmatic theory, I argue that the content of Grundmann and Horvath’s modified scenario corresponds to the default interpretation of the original scenario and that epistemological expertise is not required to access the deviance-proof interpretation. This Default Interpretation proposal offers thus a more general and independently motivated solution to the Problem of Deviant Realizations. (shrink)

This paper examines theories of first person authority proposed by Dorit Bar-On (2004), Crispin Wright (1989a) and Sydney Shoemaker (1988). What all three accounts have in common is that they attempt to explain first person authority by reference to the way our language works. Bar-On claims that in our language self-ascriptions of mental states are regarded as expressive of those states; Wright says that in our language such self-ascriptions are treated as true by default; and Shoemaker suggests that they (...) might arise from our capacity to avoid Moore-paradoxical utterances. I argue that Bar-On’s expressivism and Wright’s constitutive theory suffer from a similar problem: They fail to explain how it is possible for us to instantiate the language structures that supposedly bring about first person authority. Shoemaker’s account does not suffer from this problem. But it is unclear whether the capacity to avoid Moore-paradoxical utterances really yields self-knowledge. Also, it might be that self-knowledge explains why we have this capacity rather than vice versa. (shrink)

An effective method to increase the number of potential cadaveric organ donors is to make people donors by default with the option to opt out. This non-coercive public policy tool to influence people’s choices is often justified on the basis of the as-judged-by-themselves principle: people are nudged into choosing what they themselves truly want. We review three often hypothesized reasons for why defaults work and argue that the as-judged-by-themselves principle may hold only in two of these cases. We specify (...) further conditions for when the principle can hold in these cases and show that whether those conditions are met is often unclear. We recommend ways to expand nationwide surveys to identify the actual reasons for why defaults work and discuss mandated choice policy as a viable solution to many arising conundrums. (shrink)

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the role (...) of history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

The problem of weakness of the will is often thought to arise because of an assumption that freely, deliberately and intentionally doing something must correspond to the agent's positive evaluation of doing that thing. In contemporary philosophy, a very common response to the problem of weakness has been to adopt the view that free, deliberate action does not need to correspond to any positive evaluation at all. Much of the support for this view has come from the difficulties the denial (...) of it has been thought to give rise to, both with respect to giving an account of weakness, as well as explaining the future-directed nature of intentions. In this paper I argue that most of these difficulties only arise for one particular version of the view that free, deliberate action must correspond to a positive evaluation, a version associated with Donald Davidson's account of weakness. However, another version of this view is possible, and I argue that it escapes the standard objections to the Davidsonian account. (shrink)

In recent work, Williamson has defended a suggestive account of assertion. Williamson claims that the following norm or rule (the knowledge rule) is constitutive of assertion, and individuates it: (KR) One must ((assert p) only if one knows p) Williamson is not directly concerned with the semantics of assertion-markers, although he assumes that his view has implications for such an undertaking; he says: “in natural languages, the default use of declarative sentences is to make assertions” (op. cit., 258). In (...) this paper I will explore Williamson’s view from this perspective, i.e., in the light of issues regarding the semantics of assertion-markers. I will end up propounding a slightly different account, on which, rather than KR, what is constitutive and individuating of assertion is an audience-involving transmission of knowledge rule: (TKR) One must ((assert p) only if one’s audience comes thereby to be in a position to know p) I will argue that TKR, of which KR is an illocutionary consequence (but not the other way around), has all the virtues that Williamson claims for his account and no new defect. (shrink)

Natural languages exhibit a great variety of grammatical paradigms. For instance, in English verbs are grammatically marked for tense, whereas in the tenseless Eskimo-Aleut language Kalaallisut they are marked for illocutionary mood. Although time is a universal dimension of the human experience and speaking is part of that experience, some languages encode reference to time without any grammatical tense morphology, or reference to speech acts without any illocutionary mood morphology. Nevertheless, different grammatical systems are semantically parallel in certain respects. Specifically, (...) I propose that English tenses form a temporal centering system, which monitors and updates topic times, whereas Kalaallisut moods form a modal centering system, which monitors and updates modal discourse referents. To formalize these centering parallels I define a dynamic logic that represents not only changing information but also changing focus of attention in discourse (Update with Centering, formalizing Grosz et al 1995). Different languages can be translated into this typed logic by directly compositional universal rules of Combinatory Categorial Grammar (CCG) The resulting centering theory of tense and illocutionary mood draws semantic parallels across different grammatical systems. The centering generalizations span the extremes of the typological spectrum, so they are likely to be universal. In addition, the theory accounts for the translation equivalence of tense and illocutionary mood in a given utterance context. Following Stalnaker (1978) I assume that the very act of speaking up has a ‘commonplace effect’ on the context. It focuses attention on the speech act and thereby introduces default modal and temporal topics. These universal defaults complement language-specific grammars, e.g. English tenses and Kalaallisut moods. In a given utterance context the universal discourse-initial defaults plus language-specific grammatical marking may add up to the same truth conditions.. (shrink)

Rationalism, my target, says that in order to have perceptual knowledge, such as that your hand is making a fist, you must “antecedently” (or “independently”) know that skeptical scenarios don’t obtain, such as the skeptical scenario that you are in the Matrix. I motivate the specific form of Rationalism shared by, among others, White (Philos Stud 131:525–557, 2006) and Wright (Proc Aristot Soc Suppl Vol 78:167–212, 2004), which credits us with warrant to believe (or “accept”, in Wright’s terms) that our (...) senses are reliably veridical, where that warrant is one we enjoy by default, that is, without relying on any evidence or engaging in any positive argument. The problem with this form of Rationalism is that, even if you have default knowledge that your senses are reliable, this is not adequate to rule out every kind of skeptical scenario. The problem is created by one-off skeptical scenarios, scenarios that involve a highly reliable perceiver who, by a pure fluke, has a one-off, non-veridical experience. I claim you cannot infer that your present perceptual experience is veridical just on the basis of knowledge of your general reliability. More generally, if you infer that the present F is G, just on the basis of your knowledge that most Fs are Gs, this is what I call statistical inference, and, as I argue, statistical inference by itself does not generate knowledge. I defend this view of statistical inference against objections, including the objection that radical skepticism about our ordinary inductive knowledge will follow unless statistical inference generates knowledge. (shrink)

Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in (...) justification. Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)

A recent quarrel over faultless disagreements assumes that disputes over evaluative sentences should be understood as regular, factual disagreements. Instead, I propose that evaluative disagreements should be understood in Lewisian terms. Language use works like a rule-governed game. In it, the assertion of an evaluative sentence is an attempt to establish one value as default in the conversation; its rejection, in turn, is in most cases the refusal to accept this move.

In this paper I defend a unified approach to knowledge and understanding. Both are achievements due to cognitive abilities or skills. The difference between them is a difference of aspects. Knowledge emphasizes the successful aspect of an achievement and the exclusion of epistemic luck, whereas understanding emphasizes the agent's contribution in bringing about an achievement through the exercise of one's cognitive skills. Knowledge and understanding cannot be separated. I argue against the claim that understanding is distinct from knowledge because the (...) former is compatible with environmental luck. Achievements rule out environmental luck because abilities can be exercised only in their proper environment. I also reject the intellectualist claim that understanding requires the ability to explain what one intends to understand. The understanding of an item is reflected in our ability to solve cognitive tasks using that item. The more tasks one can deal with by using an item, the deeper is one’s understanding of that item. Being able to explain why a claim holds is not necessary for possessing understanding, even though it may be necessary for accomplishing some very specific tasks. Neither understanding nor knowledge require any kind of second-order cognition by default. (shrink)

In this essay we collect and put together a number of ideas relevant to the under- standing of the phenomenon of creativity, confining our considerations mostly to the domain of cognitive psychology while we will, on a few occasions, hint at neuropsy- chological underpinnings as well. In this, we will mostly focus on creativity in science, since creativity in other domains of human endeavor have common links with scientific creativity while differing in numerous other specific respects. We begin by briefly (...) introducing a few basic notions relating to cognition, among which the notion of ‘concepts’ is of basic relevance. The myriads of concepts lodged in our mind constitute a ‘conceptual space’ of an enormously complex structure, where con- cepts are correlated by beliefs that are themselves made up of concepts and are as- sociated with emotions. The conceptual space, moreover, is perpetually in a state of dynamic evolution that is once again of a complex nature. A major component of the dynamic evolution is made up of incessant acts of inference, where an inference occurs essentially by means of a succession of correlations among concepts set up with beliefs and heuristics, the latter being beliefs of a special kind, namely, ones relatively free of emotional associations and possessed of a relatively greater degree of justification. Beliefs, along with heuristics, have been described as the ‘mind’s software’, and con- stitute important cognitive components of the self-linked psychological resources of an individual. The self is the psychological engine driving all our mental and physical activity, and is in a state of ceaseless dynamics resulting from one’s most intimate ex- periences of the world accumulating in the course of one’s journey through life. Many of our psychological resources are of a dual character, having both a self-linked and a shared character, the latter being held in common with larger groups of people and imbibed from cultural inputs. We focus on the privately held self-linked beliefs of an individual, since these are presumably of central relevance in making possible inductive inferences – ones in which there arises a fundamental need of adopting a choice or making a decision. Beliefs, decisions, and inferences, all have the common link to the self of an individual and, in this, are fundamentally analogous to free will, where all of these have an aspect of non-determinism inherent in them. Creativity involves a major restructuring of the conceptual space where a sustained inferential process eventually links remote conceptual domains, thereby opening up the possibility of a large number of new correlations between remote concepts by a cascading process. Since the process of inductive inference depends crucially on de- cisions at critical junctures of the inferential chain, it becomes necessary to examine the basic mechanism underlying the making of decisions. In the framework that we attempt to build up for the understanding of scientific creativity, this role of decision making in the inferential process assumes central relevance. With this background in place, we briefly sketch the affect theory of decisions. Affect is an innate system of response to perceptual inputs received either from the exter- nal world or from the internal physiological and psychological environment whereby a positive or negative valence gets associated with a perceptual input. Almost every sit- uation faced by an individual, even one experienced tacitly, i.e., without overt aware-ness, elicits an affective response from him, carrying a positive or negative valence that underlies all sorts of decision making, including ones carried out unconsciously in inferential processes. Referring to the process of inferential exploration of the conceptual space that gener- ates the possibility of correlations being established between remote conceptual do- mains, such exploration is guided and steered at every stage by the affect system, analogous to the way a complex computer program proceeds through junctures where the program ascertains whether specified conditions are met with by way of generating appropriate numerical values – for instance, the program takes different routes, depending on whether some particular numerical value turns out to be positive or negative. The valence generated by the affect system in the process of adoption of a choice plays a similar role which therefore is of crucial relevance in inferential processes, especially in the exploration of the conceptual space where remote domains need to be linked up – the affect system produces a response along a single value dimension, resembling a number with a sign and a magnitude. While the affect system plays a guiding role in the exploration of the conceptual space, the process of exploration itself consists of the establishment of correlations between concepts by means of beliefs and heuristics, the self-linked ones among the latter having a special role in making possible the inferential journey along alternative routes whenever the shared rules of inference become inadequate. A successful access to a remote conceptual domain, necessary for the creative solution of a standing problem or anomaly – one that could not be solved within the limited domain hitherto accessed – requires a phase of relatively slow cumulative search and then, at some stage, a rapid cascading process when a solution is in sight. Representing the conceptual space in the form of a complex network, the overall process can be likened to one of self-organized criticality commonly observed in the dynamical evolution of complex systems. In order that inferential access to remote domains may actually be possible, it is necessary that restrictions on the exploration process – necessary for setting the context in ordinary instances of inductive inference – be relaxed and a relatively free exploration in a larger conceptual terrain be made possible. This is achieved by the mind going into the default mode, where external constraints – ones imposed by shared beliefs and modes of exploration – are made inoperative. While explaining all these various aspects of the creative process, we underline the supremely important role that analogy plays in it. Broadly speaking, analogy is in the nature of a heuristic, establishing correlations between concepts. However, analo- gies are very special in that these are particularly effective in establishing correlations among remote concepts, since analogy works without regard to the contiguity of the concepts in the conceptual space. In establishing links between concepts, analogies have the power to light up entire terrains in the conceptual space when a rapid cas- cading of fresh correlations becomes possible. The creative process occurs within the mind of a single individual or of a few closely collaborating individuals, but is then continued by an entire epistemic community, eventually resulting in a conceptual revolution. Such conceptual revolutions make pos- sible the radical revision of scientific theories whereby the scope of an extant theory is broadened and a new theoretical framework makes its appearance. The emerging theory is characterized by a certain degree of incommensurability when compared with the earlier one – a feature that may appear strange at first sight. But incommen- surability does not mean incompatibility and the apparently contrary features of the relation between the successive theories may be traced to the multi-layered structureof the conceptual space where concepts are correlated not by means of single links but by multiple ones, thereby generating multiple layers of correlation, among which some are retained and some created afresh in a conceptual restructuring. We conclude with the observation that creativity occurs on all scales. Analogous to correlations being set up across domains in the conceptual space and new domains being generated, processes with similar features can occur within the confines of a domain where a new layer of inferential links may be generated, connecting up sub- domains. In this context, insight can be looked upon as an instance of creativity within the confines of a domain of a relatively limited extent. (shrink)

This dissertation is a contribution to the field of empirically informed metaethics, which combines the rigorous conceptual clarity of traditional metaethics with a careful review of empirical evidence. More specifically, this work stands at the intersection of moral psychology, moral epistemology, and philosophy of action. The study comprises six chapters on three distinct (although related) topics. Each chapter is structured as an independent paper and addresses a specific open question in the literature. The first part concerns the psychological features and (...) cognitive function of moral intuition. Chapter 1 (“Moral intuition, strength, and metacognition”) is focused on the concept of intuitive strength, which is one of the defining features of moral intuition. I provide a metacognitive account of intuitive strength and show why such a view is preferable to emotional or quasi-perceptual accounts. Then, in Chapter 2 (“Dual process reflective equilibrium”), I will discuss the interplay between intuition and reflection in moral reasoning. I will contend that the influential “default-interventionist” model of reasoning, theorized by Greene, is insufficiently supported by the evidence. In light of some recent studies, I outline an account of moral reasoning in which intuition and reflection are not in conflict but cooperate to reach a reflective goal. I call this model dual process reflective equilibrium. The aim of the first part is descriptive, i.e., it argues for an accurate understanding of moral intuition and reasoning in light of the available empirical evidence. In contrast, the second part addresses a normative question: is a subject epistemically justified in forming a belief on the basis of a moral intuition? Skeptics of moral intuition argue that accepting moral intuitions should be the exception rather than the rule to the extent that epistemically defective processes determine the content of moral intuitions. Chapter 3 (“Moral intuitionism and the reliability challenge”) introduces the recent empirical challenges to the reliability of moral intuitions and elaborates a promising strategy for defending intuitionism. In short, I consider whether subjects can track the reliability of their intuitions with their confidence. In Chapter 4 (“The argument from limited cognitive resources”), I evaluate a different strategy to defend moral intuitionism. Specifically, I develop an argument according to which accepting moral intuitions is legitimate because it is the most rational option that a subject has, given her limited resources. The third and final part of the dissertation concerns the role of moral intuitions in action. The influence of automatic processes on moral conduct raises different challenges to moral philosophy. The first challenge is to explain how a subject can be motivated by certain values without the mental effort of deliberation. Chapter 5 (“Caring, moral motivation, and automatic conduct”) tackles this issue. Chapter 6 (“Moral sensitivity as skillful automaticity”) aims to explain how moral agents can be sensitive to good reasons through automatic mental processes. (shrink)

The studies of ethics had long been under-dealt although it is the kind of primary in sustaining a civility. It is hardly deniable that the concept of efficiency and productivity has hailed on the mindedness and interest of academic community. The narrative of ethics or social justice would be ridiculed as the kind of Greek juggle on philosophy or put to be on neglect for its lacking or default on the modern disciplinary frame in the academics. A cure, however, (...) seems not to be from a juggernaut of modern capitalistic civilization and its supportive paradigm of understanding so that alternative way for any more realistic solution can be made exploitative from the ethics or similar tools of motivation. Now we talk about noblesse oblige or benevolent capitalism as one important dose for the new paradigm of social promise or reformed capitalism. The ethics studies have increasingly made its way as focused in the discipline of business and public administration. Typically, it is profiled in combination of leadership studies, and the civility tends to accept this narrative, beyond the liberal competition and fairness school, as one of important element when we consider the concept of social justice. The modern professionals, for example, bar members, medical doctors, and many of licensees for their business operation, also clone to carry their responsibility under a specific ethical code. This would be the kind of safety code from the abusive or madly profit-driven capitalism. More importantly, I believe that a sheer understanding of ethics and social justice would be assets and equipment for the ruling class in the contemporary society. In this context, the paper would survey an ethical theory or decision making model, history of Korea as well as a recent episode involving the chief prosecutor of South Korea. Korean leadership, typically for the powerful cores or inner circle princelings, can be revisited in purview of ethics studies, such as Cooper‟s design and ethical decision making model. (shrink)

1. How do human organizations, as designed by humans, govern polities? -/- Current web-site analyses indicate that the medical-sites register the heaviest use. Humans are concerned with their health in a variety of iterations. If you will, it is the choice of the marketplace. But, humans must tend to the business of life. The humans live in communities, which necessarily choose definitions for their polities. Polities cannot exist without explicitly appointed and generally known socio-legal laws. In defining those rules, (...) societies decide how they are going to be organized and ruled---either consciously or by default---and how the common functions of the community are going to be financed. (shrink)

Default positions, predetermined starting points that aid in complex decision-making, are common in clinical medicine. In this article, we identify and critically examine common default positions in clinical ethics practice. Whether default positions ought to be held is an important normative question, but here we are primarily interested in the descriptive, rather than normative, properties of default positions. We argue that default positions in clinical ethics function to protect and promote important values in medicine—respect for (...) persons, utility, and justice. Further, default positions in clinical ethics may also guard against harm. Where default positions exist, there are epistemic burdens to overturn them. The person wishing to reject the default position, rather than the person endorsing it, bears this burden. The person who bears the burden of meeting the epistemic requirements must provide evidence proportional to the degree of harm the default position protects against. Default positions that protect against significant harm impose significant epistemic requirements to overturn. This asymmetry not only makes medical decision-making more economical but also serves to promote and protect certain values. The identification and analysis of common and recognizable default positions can help to identify other default positions and the conditions under which their associated epistemic requirements are met. The article concludes with considerations of potential problems with the use of default positions in clinical ethics. (shrink)

The notions of inference and default are used in pragmatics with different meanings, resulting in theoretical disputes that emphasize the differences between the various pragmatic approaches. This paper is aimed at showing how the terminological and theoretical differences concerning the two aforementioned terms result from taking into account inference and default from different points of view and levels of analysis. Such differences risk making a dialogue between the theories extremely difficult. However, at a functional level of analysis the (...) different theories, definitions, and approaches to interpretation can be compared and integrated. At this level, the standardization of pragmatic inferences can be regarded as the development of a specific type of presumptions, used to draw prima-facie interpretations. (shrink)

Relationship between default semantics and modularity of mind (in particular mind reading through the principle of Relevance).

The default theory of aesthetic value combines hedonism about aesthetic value with strict perceptual formalism about aesthetic value, holding the aesthetic value of an object to be the value it has in virtue of the pleasure it gives strictly in virtue of its perceptual properties. A standard theory of aesthetic value is any theory of aesthetic value that takes the default theory as its theoretical point of departure. This paper argues that standard theories fail because they theorize from (...) the default theory. (shrink)

Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely (...) considered by legal theory. In particular, the dialogue dwells on the notion of literal meaning, witness testimony, and the problem of disagreement among experts in legal proceedings. The paper is intended as a sort of brain storming useful to identify new lines of research straddling philosophy of law, cognitive psychology and philosophy of language. (shrink)

In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case only (...) in some peculiar circumstances that I identify. In other words, they miss the bigger picture, the one outside special circumstances, in which CDS trading has the opposite effect. That is, CDS facilitate debt accumulation, including government debt accumulation. Finally, I point out how this can precipitate the collapse of fiat money regimes. An incidental goal of the analysis is to provide a better account than Polleit and Mariano of recent government interventions in and around CDS markets. (shrink)

There is a fundamental disconnect between the public discourse about sovereign and external debt in comparison to private domestic debt. The latter is predominantly viewed through a Humean lens, which sees economic morality in terms of contingent social institutions, justified by the valuable goods they realize; while sovereign and external debt is viewed through a Lockean lens, which sees property, contract, and debt as possessing an intrinsic moral quality, independent of social context or consequences. This Article examines whether this Lockean (...) perspective on sovereign and external debt is compatible with the dominance of Humean approaches to the domestic economy. It considers and rejects the most plausible argument for reconciling these views, which emphasizes the different qualities of cooperation in the international and domestic economies. It further argues that many standard objections to a Humean approach to sovereign debt suggest, not the Lockean approach, but rather a Hobbesian international moral skepticism. Concluding that the Lockean approach is unmotivated, this Article instead advances a Humean account of sovereign debt and default. It shows how taking seriously the demand for institutional justification and the idea of persons and peoples as free and equal provides an account of the duties of states—whether creditors, debtors or third parties—in sovereign debt crises. It further examines the implications of each approach for democratic choice about sovereign default. (shrink)

Bioethics seems preoccupied with establishing, debating, promoting and sometimes debunking principles. While these tasks trade on the status of the word ‘principle’ in our ordinary language, scant attention is paid to the way principles operate in language. In this paper, we explore how principles relate to rules and practices so as to better understand their logic. We argue that principles gain their sense and power from the practices which give them sense. While general principles can be, and are, establishable (...) in abstraction from specific practices, as they are in principlist bioethics, such principles are impotent as moral guides to action. We show that the purchase any principle has as a moral guide to action emerges from its indexical properties as a principle which has sense in a specific practice. The meaning of any principle is internal to the practice and context in which it is invoked and, therefore, principles are not kinds of master rule which dictate moral judgement in new contexts but rather chameleon-like rules which change with the contexture in which they are invoked. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the ideas (...) that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

It may seem that epistemic and practical rationality weigh reasons differently, because ties in practical rationality tend to generate permissions and ties in epistemic rationality tend to generate a requirement to withhold judgment. I argue that epistemic and practical rationality weigh reasons in the same way, but they have different "default biases". Practical rationality is biased toward every option being permissible whereas epistemic rationality is biased toward withholding judgment's being required.

Default logic has been a very active research topic in artificial intelligence since the early 1980s, but has not received as much attention in the philosophical literature thus far. This paper shows one way in which the technical tools of artificial intelligence can be applied in contemporary epistemology by modeling a paradigmatic case of deep disagreement using default logic. In §1 model-building viewed as a kind of philosophical progress is briefly motivated, while §2 introduces the case of deep (...) disagreement we aim to model. On the heels of this, §3 defines our formal framework, viz., a refined Horty-style default logic. §4 then uses the framework to model deep disagreement, and finally §5 provides a critical discussion of the result. (shrink)

This paper addresses a recent suggestion that moral particularists can extend their view to countenance default reasons (at a first stab, reasons that are pro tanto unless undermined) by relying on certain background expectations of normality. I first argue that normality must be understood non-extensionally. Thus if default reasons rest on normality claims, those claims won't bestow upon default reasons any definite degree of extensional generality. Their generality depends rather on the contingent distributional aspects of the world, (...) which no theory of reasons should purport to settle. Appeals to default reasons cannot therefore uniquely support particularism. But this argument also implies that if moral generalism entailed that moral reasons by necessity have invariant valence (in the natural extensional sense), it would be a non-starter. Since generalism is not a non-starter, my argument forces us to rethink the parameters of the generalism-particularism debate. Here I propose to clarify the debate by focusing on its modal rather than extensional aspects. In closing, I outline the sort of generalism that I think is motivated by my discussion, and then articulate some worries this view raises about the theoretical usefulness of the label ‘default reason’. -/- [Note: The outline of moral generalism provided in this paper is superseded by those in "Moral Generalism: Enjoy in Moderation" and "A Theory of Hedged Moral Principles".]. (shrink)

Are norms of inquiry in tension with epistemic norms? I provide a (largely) negative answer, turning to a picture of epistemic practices as rule-governed games. The idea is that, while epistemic norms are correctness standards for the attitudes involved in epistemic games, norms of inquiry derive from the aims of those games. Attitudes that, despite being epistemically correct, are inadvisable regarding the goals of some inquiry are just like bad (but legal) moves in basketball or chess. I further consider cases (...) in which the aims of inquiry recommend breaking epistemic norms. I compare them to strategic infractions, which are common in many coherent games. Finally, I explore the connections between rules and aims in games and in inquiry. I show that in both cases respecting the rules is constitutively required for satisfying the aims of the practice. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution is devoted to the basic issues from Wittgenstein to Kripke. Part II will be (...) about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: (...) enactment by an authority or acceptance by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Rule-following is a normative doing and therefore needs to be reconsidered in a metaethical framework. Rule-following will be discussed in the light of cognitivism and non-cognitivism. It will be shown that neither cognitivism nor non-cognitivism are sufficiently good accounts for conceptualizing rule-following, because they are held captive by a quasi-mechanistical picture of rule-following. This idea stems from Stanley Cavell´s and John McDowell´s approach to rule-following. McDowell appeals to the idea that we participate in “shared forms of life” and therefore are (...) able to follow rules correctly. I believe that his quietist view can be amplified by conceptualizing different modes of following a rule. We can also follow a rule e.g. ironically and still grasp the conceptual content of the rule adequately. (shrink)

The article discusses the limitations of psycho-physical parallellism and the implications of a pscycho-physical interaction paradigm considering the notion Downward Causation. The focus is on the notion of levels in nature and their interrelations, and it argues that the notion of rule-based systems should be considered a subcategory of rule-generating systems partly based on redundancy functions rather than rules.

Some theorists have recently raised doubts about much of the experimental evidence purporting to demonstrate the existence of unconscious perception. In our (2019) in this journal, we argued some of these considerations are not decisive. Phillips (forthcoming a) replies thoughtfully to our paper, concluding that he is unconvinced by our arguments. Phillips maintains that the view that perception is invariably conscious remains, as he puts it, the “default” hypothesis both within the folk understanding and experimental study of perception. There (...) is much to agree with in Phillips’ piece, but there remain some substantive points of disagreement, which we outline here. (shrink)

The article contains a critical analysis of the skeptical solution to the rule- following problem. The skeptical solution denies the existence of “superlative” R-facts that would make statements of the form “P means R by ‘+’ ” true. The role of the sources for the meaning of ‘+’ here is played by the patterns of solidarity behavior of members of some community to which P belongs. The correct use of ‘+’ would be one that is approved by the competent majority (...) of this community, and there can be no other sense in which it would be correct or wrong. Boyd’s hypothesis denies the communal character of the ‘+’ meaning. While there are no “superlative” R-facts, there should be C-facts not about the R as the standard that P or its community follows in their practice of using ‘+’, but about whether they do it correctly. The proof of the Boyd hypothesis is based on the example of an imaginary Ω-community, whose agents use a finite set of simple symbols for the needs of their arithmetic: ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’. Each symbol denotes a subset of identical, from the Ω-community point of view, numerical values. The symbol ‘A’ is used, for ex- ample, for a subset of the natural numbers 1, 10, 19, 28, 37, 46, etc.; ‘B’ for 2, 11, 20, 29, 38, 47, etc.; ‘C’ for 3, 12, 21, 30, 39, 48, etc. The Ω-community’s arithmetic uses the only local function ⊕ whose range of values forms a finite set of mathematical propositions {α} that are true. The Ω-community’s arithmetic, like our own, is open to many skeptical challenges. Is there a fact that determines the meaning of ‘⊕’? What do agents do when they calculate with ‘⊕’ (say, solve examples ‘A⊕B = ?’, ‘C⊕E=?’, etc.)? Do they Add, Badd or Dadd? To answer them would require a “superlative” R-fact. For the calculation practice with ‘⊕’, it could be a certain R-fact that determines the only possible order for the sequence of numerals ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’ such that {α} is true. An analysis of the calculation practice using the local arithmetic function ⊕ shows that for it there are no such R-facts that would determine the only correct standard R – even if the agents in the Ω-community were trained in such calculations on a full set of cases for the application of that function. However, for such practice there are C-facts (independent in their existence from R-facts) that make it possible to distinguish between what seems to be right and what is right. The solitary agent P and the Ω-community are in the same position regarding the knowledge of C-facts. The Ω-community’s point of view has no advantage in matters of C-facts knowledge over the solitary agent P’s point of view. The Ω-community arithmetic shows that if a solitary agent P had the suitable knowledge of C-facts about the practice of calculations with ‘⊕’, it would allow him/her to disagree with the not correct answers of other members of the community even when they would constitute an absolute majority. (shrink)

Rule-Consequentialism faces “the problem of partial acceptance”: How should the ideal code be selected given the possibility that its rules may not be universally accepted? A new contender, “Calculated Rates” Rule-Consequentialism claims to solve this problem. However, I argue that Calculated Rates merely relocates the partial acceptance question. Nevertheless, there is a significant lesson from this failure of Calculated Rates. Rule-Consequentialism’s problem of partial acceptance is more helpfully understood as an instance of the broader problem of selecting the ideal (...) code given various assumptions—assumptions about who will accept and comply with the rules, but also about how the rules will be taught and enforced, and how similar the future will be. Previous rich discussions about partial acceptance provide a taxonomy and groundwork for formulating the best version of Rule-Consequentialism. (shrink)

This paper describes a pair of dietary practices I label default vegetarianism and default veganism. The basic idea is that one adopts a default of adhering to vegetarian and vegan diets, with periodic exceptions. While I do not exhaustively defend either of these dietary practices as morally required, I do suggest that they are more promising than other dietary practices that are normally discussed like strict veganism and vegetarianism. For they may do a better job of striking (...) a balance between normative concerns about contemporary farming practices and competing considerations of life. Additionally, I argue that framing discussions in terms of defaults is useful for various reasons: it helps organize agreements and disagreements, it more accurately reflects the way people conceptualize their dietary practices, and it presents a more dialectically effective view. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, (...) languages, and speech acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

This paper focuses on a potential problem with Sosa’s theory of default assumption, viz., the alleged incompatibility of this theory with the closure principle. Given the similarity between the notion of default assumption and Wittgenstein’s notion of hinge commitment, I suggest that two influential hinge epistemologies including Wright’s entitlement theory and Pritchard’s non-belief theory provide resources for possible solutions to the problem. I argue that default assumption should be classified as acceptance and hence as a non-doxastic propositional (...) attitude. Sosa’s theory can deal with the apparent incompatibility with the closure principle by adopting the solution of the non-belief theory, while also avoiding problems affecting the latter view. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

This paper reports an experiment that investigates interpretive distinctions between two different expressions of generalization in Spanish. In particular, our aim was to find out when the distinction between generic statements (GS) such as Tigers have stripes and universally quantified statements (UQS) such as All tigers have stripes was acquired in Spanish-speaking children of two different age groups (4/5-year-olds and 8/9-year-olds), and then compare these results with those of adults. The starting point of this research was the semantic distinction between (...) GS and UQS in that the former admit exceptions, unlike the latter. On the other hand, several authors have observed a Generic overgeneralization effect (GOG) consisting in allowing for UQS to be felicitous in the face of exceptions, thus proposing that this “error” stems from GS being defaults (simpler, more easily learned and processed). In the current paper we aimed to test the “Generics as Default” (GaD) hypothesis by comparing GS and UQS in three different age ranges. Our data show that, overall, the accuracy of GS is greater than the accuracy of UQS. Moreover, we also confirm a hypothesized interaction between age and NP type (GS vs UQS). Further, we present several data points that are not predicted by the GaD, including an observed decline in the accuracy of GS in the older group of children as well as in adults, and that children fail at rejecting statements that are not considered to be true generalizations. (shrink)

En «What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law», Verónica Rodríguez-Blanco explora la posibilidad –y oportunidad– de la existencia de un Rule of Law (en adelante, ROL) a nivel transnacional. El objetivo de este trabajo es discutir brevemente algunos puntos relativos a diferentes facetas de la propuesta de Rodríguez-Blanco: la pregunta correcta acerca del ROL y su visión particular acerca de la acción humana (sección 2); el tipo de explicación acerca (...) de las reglas, estándares, reglamentos y principios (sección 3); las definiciones de ROL, coerción, y libertad (sección 4); las partes de la relación relevante y la noción de derecho transnacional (sección 5), y la estructura de las relaciones relevantes en contextos nacionales y transnacionales (sección 6). Intentaré, por una parte, mostrar cómo estos puntos pueden presentarse como relativamente problemáticos y por tanto debilitar la integridad de la propuesta de Rodriguez-Blanco; y, por otra parte, ofrecer algunas alternativas acerca de cómo estos problemas podrían ser resueltos para fortalecerla. A través de esos comentarios intentaré también mostrar cuáles serían, en mi opinión, los puntos importantes a considerar para cualquier discurso o propuesta sólida relacionada con éstos. Finalmente, concluiré con algunos comentarios finales (sección 7). (shrink)

In “What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law”, Veronica Rodriguez-Blanco explores the possibility—and opportunity—of the existence of a Rule of Law (from now on, RoL) on a transnational level. The aim of this paper is to briefly discuss some points related to various facets of Rodriguez-Blanco’s proposal: the correct question about the RoL and her particular view of human action (section 2); the type of explanation about rules, standards, (...) regulations and principles (section 3); the definitions of RoL, coercion, and freedom (section 4); the parties of the relevant relationship and the notion of transnational law (section 5); and the structure of relevant relationships in national and transnational contexts (section 6). I will try, on the one hand, to show how these points could appear quite problematic and thus seem to undermine the integrity of Rodriguez-Blanco’s proposal, and on the other hand, to offer some suggestions as to how these problems could be solved to strengthen her proposal. With these comments, I will also try to indicate what I think are the most important points that should be considered in any sound discourse or proposal on these subjects. I will then conclude with some final remarks (section 7). (shrink)

I introduce an account of when a rule normatively sustains a practice. My basic proposal is that a rule normatively sustains a practice when the value achieved by following the rule explains why agents continue following that rule, thus establishing and sustaining a pattern of activity. I apply this model to practices of belief management and identifies a substantive normative connection between knowledge and belief. More specifically, I proposes one special way that knowledge might set the normative standard for belief: (...) knowing is essentially the unique way of normatively sustaining cognition and, thereby, inquiry. In this respect, my proposal can be seen as one way of elaborating a “knowledge-first” normative theory. (shrink)

Spontaneous activity levels prior to stimulus presentation can determine how that stimulus will be perceived. It has also been proposed that such spontaneous activity, particularly in the default-mode network (DMN), is involved in self-related processing. We therefore hypothesised that pre-stimulus activity levels in the DMN predict whether a stimulus is judged as self-related or not. Method: Participants were presented in the MRI scanner with a white noise stimulus that they were instructed contained their name or another. They then had (...) to respond with which name they thought they heard. Regions where there was an activity level difference between self and other response trials two seconds prior to the stimulus being presented were identified. Results: Pre-stimulus activity levels were higher in the right temporoparietal junction (RTPJ), the right temporal pole (RTP), and the left superior temporal gyrus in trials where the participant responded that they heard their own name than trials where they responded that they heard another. Conclusion: Pre-stimulus spontaneous activity levels in particular brain regions, largely overlapping with the DMN, predict the subsequent judgement of stimuli as self-related. This extends our current knowledge of self-related processing and its apparent relationship with intrinsic brain activity in what can be termed a rest-self overlap. (shrink)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

Brad Hooker; II*—Rule-Consequentialism, Incoherence, Fairness1, Proceedings of the Aristotelian Society, Volume 95, Issue 1, 1 June 1995, Pages 19–36, https://d.

This paper explores how realism is crucial in understanding rule-following. The strategy involves starting from what has been achieved by Wittgenstein and others as regards semantic normativity and then applying it to other areas, including moral deliberation. The result shows that realism in rule-following involves not only the weak claim that rules are independent of the individual rule-follower, as conventions are. It involves also the stronger claim that conventional rules are constrained by non-conventional constraints. These constraints depend neither (...) on the individual nor on the group. They arise from the nature of things. Human rule-followers are constrained first by being material beings, secondly by being living organisms, and thirdly by being rational. (shrink)