While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual and analytical (...) device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (shrink)

The law of political economy is a contentious ideological field characterised by antagonistic relations between scholarly positions which tend to be either affirmative or critical of capitalism. Going beyond this schism, two particular features appear as central to the law of political economy: the first one is the way it epistemologically seeks to handle the distinction between holism and differentiation, i.e., the extent to which it sees society as a singular whole which is larger than its parts, or, rather, as (...) a mere collection of parts. Different types of legal and political economy scholarship have given different types of answers to this question. The second feature of the law of political economy is the way in which it conceives of the relation between hierarchical and spontaneous dimensions of society, i.e., between firms and the market, or between public institutions and public opinion. The two distinctions can, however, be overcome through a third-way, emphasising the strategic role of law in mediating between holism and differentiation and hierarchy and spontaneity. This is demonstrated through a historical re-construction of the evolution of corporatist, neo-corporatist, and governance-based institutional set-ups of political economy. (shrink)

I examine Kant's claim that a relation of symbolization links judgments of beauty and judgments of ‘systematicity’ in nature (that is, judgments concerning the ordering of natural forms under hierarchies of laws). My aim is to show that the symbolic relation between the two is, for Kant, much closer than many commentators think: it is not only the form but also the objects of some of our judgments of taste that symbolize the systematicity of nature. -/- .

The antinomy of teleological judgment is one of the most controversial passages of Kant’s "Critique of the Power of Judgment". Having developed the idea of an explanation of organized beings by mechanical and teleological natural laws in §§ 61-68, in §§ 69-78 Kant raises the question of whether higher order mechanical and teleological natural laws, which unify the particular empirical laws of organized beings, might pose an antinomy of conflicting principles within the power of judgment. I will argue against alternative (...) views that this antinomy is neither a conflict between objective constitutive principles of the determining power of judgment nor a conflict between an objective constitutive principle of the determining power of judgment and a subjective regulative maxim of the reflecting power of judgment nor does it consist in a confusion of a pair of subjective regulative maxims of the reflecting power of judgment with a pair of objective constitutive principles of the determining power of judgment, but does consist in an apparent conflict between mechanical and teleological natural laws as subjective regulative maxims of the reflecting power of judgment. I will further argue that Kant’s resolution of the antinomy consists in the regulative idea of a supersensible that represents the unity of both kinds of natural laws and justifies the unification of both kinds of natural laws in the human power of judgment. Kant uses three notions when he talks about the supersensible – the regulative idea of a divine artisan, the regulative idea of a divine intuitive understanding, and the regulative idea of an underdetermined, supernatural ground of nature. I will show how each of these notions accounts for the unity of both kinds of natural laws and will discuss possible correlations between them. I will then explain how the unity of both kinds of natural laws in the regulative idea of a supersensible accounts for the unification of both kinds of natural laws in the human power of judgment. While the divine intuitive understanding is perfect and uncreated and, thus, capable of a representation of the unity of both kinds of natural laws, the human discursive understanding is imperfect and created; it is capable only of the representation of the unification of both kinds of natural laws in form of a hierarchy of laws. (shrink)

Three decades after Chalmers named it, the ‘hard problem’ remains. I suggest a parsimonious solution. Biological dynamic systems interact according to simple rules (while the environment provides simple constraints) and thus self-organize to become a new, more complex dynamic system at the next level. This spiral repeats several times generating a hierarchy of levels. A leap to the next level is frequently creative and surprising. From ants, themselves self-organized according to physical/chemical laws, may emerge an ant colony self-organized according (...) to eusocial laws. A dynamic system need not be material. A living language (immaterial) is a complex adaptive system. Body/brain are material but the next level of complexity, a psychological dynamic system, a thought, feeling, image or ideal, is less material. From several psychological dynamic systems emerges the next level, narrative (immaterial), and from multiple narratives emerges personality. Concrete evidence explains how an early narrative emerges from body-and-brain. Evidence also shows that personality emerges from narrative. Even an objective narrative captures subjectivity since the teller’s choice of content is subjective. I argue that the ‘stream-of-consciousness’ story (movie) you are currently telling yourself (watching) is your conscious experience, ‘what it is like’ for you to be conscious. Adriana Cavarero’s arguments support this. Each level of a hierarchy of dynamic systems must necessarily be homeostatic, at that level. McDowell et al. (2023: submitted, in revision) reported evidence that a dream (a narrative) supports personality homeostatically. Perhaps the evolutionary advantage of conscious experience, also a narrative, has always been that it too supports personality homeostatically. Personality and body/brain, a chimera of symbiotic life-forms, constitute interactionist duality. (shrink)

This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one (...) culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human rights, initially a modern Western concept, became more and more universalized as a result of the global reach of Western political and economic power. I attempt to shed new light on the subject by investigating the role of translation in bringing about the global hegemony of Western legal and political languages and concepts. Since translation always involves a choice of foregrounding one of the two languages and cultures involved, the translator is a power broker who can promote one voice at the expense of the other. My examples for conducting this investigation are the key contributions made by China and the West to the drafting of the UDHR: with ren and rights representing respectively the West and China’s proposed solutions to crimes against humanity in the immediate aftermath of World War II. While the concept rights became increasingly assimilated into the Chinese language along with her repeated defeats by colonial powers (and was already firmly established in the Chinese vocabulary by the time of the drafting of the UDHR), ren by contrast has never been included by any Western language and culture. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

I investigate why Frege rejected the theory of types, as Russell presented it to him in their correspondence. Frege claims that it commits one to violations of the law of excluded middle, but this complaint seems to rest on a dogmatic refusal to take Russell’s proposal seriously on its own terms. What is at stake is not so much the truth of a law of logic, but the structure of the hierarchy of the logical categories, something Frege seems to (...) neglect. To come to a better understanding of Frege’s response, I proceed to investigate his conception of the nature of the logical categories, and how it differs from Russell’s. I argue that, for Frege, our grasp of the logical categories cannot be severed from our grasp of the Begriffsschrift notation itself. Russell, on the other hand, attaches no such importance to notation. From Frege’s point of view, Russell has not succeeded in presenting an alternative conception of the logical hierarchy, since such a conception must go in tandem with the development of a notation. Moreover, Frege has good reasons to think that Russell’s proposal does not admit of a suitable notation. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle intellectualiste (...) aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

When developing phylogenetic systematics, the entomologist Willi Hennig adopted elements from Nicolai Hartmann’s ontology. In this historical essay I take on the task of documenting this adoption. I argue that in order to build a metaphysical foundation for phylogenetic systematics, Hennig adopted from Hartmann four main metaphysical theses. These are (1) that what is real is what is temporal; (2) that the criterion of individuality is to have duration; (3) that species are supra-individuals; and (4) that there are levels of (...) reality, each of which may be subject to different kinds of law. Reliance on Hartmann’s metaphysics allowed Hennig to ground some of the main theoretical principles of phylogenetic systematics, namely that the biological categories—from the semaphoront to the highest rank—have reality and individuality despite not being universals, and that they form a hierarchy of levels, each of which may require different kinds of explanation. Hartmann’s metaphysics thereby provided a philosophical justification for Hennig’s phylogenetic systematics, both as a theory and as a method of classification. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists (...) of the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

We present a theory of human artistic experience and the neural mechanisms that mediate it. Any theory of art has to ideally have three components. The logic of art: whether there are universal rules or principles; The evolutionary rationale: why did these rules evolve and why do they have the form that they do; What is the brain circuitry involved? Our paper begins with a quest for artistic universals and proposes a list of ‘Eight laws of artistic experience’ -- a (...) set of heuristics that artists either consciously or unconsciously deploy to optimally titillate the visual areas of the brain. One of these principles is a psychological phenomenon called the peak shift effect: If a rat is rewarded for discriminating a rectangle from a square, it will respond even more vigorously to a rectangle that is longer and skinnier that the prototype. We suggest that this principle explains not only caricatures, but many other aspects of art. Example: An evocative sketch of a female nude may be one which selectively accentuates those feminine form-attributes that allow one to discriminate it from a male figure; a Boucher, a Van Gogh, or a Monet may be a caricature in ‘colour space’ rather than form space. Even abstract art may employ ‘supernormal’ stimuli to excite form areas in the brain more strongly than natural stimuli. Second, we suggest that grouping is a very basic principle. The different extrastriate visual areas may have evolved specifically to extract correlations in different domains , and discovering and linking multiple features into unitary clusters -- objects -- is facilitated and reinforced by direct connections from these areas to limbic structures. In general, when object-like entities are partially discerned at any stage in the visual hierarchy, messages are sent back to earlier stages to alert them to certain locations or features in order to look for additional evidence for the object . Finally, given constraints on allocation of attentional resources, art is most appealing if it produces heightened activity in a single dimension rather than redundant activation of multiple modules. This idea may help explain the effectiveness of outline drawings and sketches, the savant syndrome in autists, and the sudden emergence of artistic talent in fronto-temporal dementia. In addition to these three basic principles we propose five others, constituting a total of ‘eight laws of aesthetic experience’. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

We introduce the notion of complexity, first at an intuitive level and then in relatively more concrete terms, explaining the various characteristic features of complex systems with examples. There exists a vast literature on complexity, and our exposition is intended to be an elementary introduction, meant for a broad audience. -/- Briefly, a complex system is one whose description involves a hierarchy of levels, where each level is made of a large number of components interacting among themselves. The time (...) evolution of such a system is of a complex nature, depending on the interactions among subsystems in the next level below the one under consideration and, at the same time, conditioned by the level above, where the latter sets the context for the evolution. Generally speaking, the interactions among the constituents of the various levels lead to a dynamics characterized by numerous characteristic scales, each level having its own set of scales. What is more, a level commonly exhibits ‘emergent properties’ that cannot be derived from considerations relating to its component systems taken in isolation or to those in a different contextual setting. In the dynamic evolution of some particular level, there occurs a self-organized emergence of a higher level and the process is repeated at still higher levels. -/- The interaction and self-organization of the components of a complex system follow the principle commonly expressed by saying that the ‘whole is different from the sum of the parts’. In the case of systems whose behavior can be expressed mathematically in terms of differential equations this means that the interactions are nonlinear in nature. -/- While all of the above features are not universally exhibited by complex systems, these are nevertheless indicative of a broad commonness relative to which individual systems can be described and analyzed. There exist measures of complexity which, once again, are not of universal applicability, being more heuristic than exact. The present state of knowledge and understanding of complex systems is itself an emerging one. Still, a large number of results on various systems can be related to their complex character, making complexity an immensely fertile concept in the study of natural, biological, and social phenomena. -/- All this puts a very definite limitation on the complete description of a complex system as a whole since such a system can be precisely described only contextually, relative to some particular level, where emergent properties rule out an exact description of more than one levels within a common framework. -/- We discuss the implications of these observations in the context of our conception of the so-called noumenal reality that has a mind-independent existence and is perceived by us in the form of the phenomenal reality. The latter is derived from the former by means of our perceptions and interpretations, and our efforts at sorting out and making sense of the bewildering complexity of reality takes the form of incessant processes of inference that lead to theories. Strictly speaking, theories apply to models that are constructed as idealized versions of parts of reality, within which inferences and abstractions can be carried out meaningfully, enabling us to construct the theories. -/- There exists a correspondence between the phenomenal and the noumenal realities in terms of events and their correlations, where these are experienced as the complex behavior of systems or entities of various descriptions. The infinite diversity of behavior of systems in the phenomenal world are explained within specified contexts by theories. The latter are constructs generated in our ceaseless attempts at interpreting the world, and the question arises as to whether these are reflections of `laws of nature' residing in the noumenal world. This is a fundamental concern of scientific realism, within the fold of which there exists a trend towards the assumption that theories express truths about the noumenal reality. We examine this assumption (referred to as a ‘point of view’ in the present essay) closely and indicate that an alternative point of view is also consistent within the broad framework of scientific realism. This is the view that theories are domain-specific and contextual, and that these are arrived at by independent processes of inference and abstractions in the various domains of experience. Theories in contiguous domains of experience dovetail and interpenetrate with one another, and bear the responsibility of correctly explaining our observations within these domains. -/- With accumulating experience, theories get revised and the network of our theories of the world acquires a complex structure, exhibiting a complex evolution. There exists a tendency within the fold of scientific realism of interpreting this complex evolution in rather simple terms, where one assumes (this, again, is a point of view) that theories tend more and more closely to truths about Nature and, what is more, progress towards an all-embracing ‘ultimate theory’ -- a foundational one in respect of all our inquiries into nature. We examine this point of view closely and outline the alternative view -- one broadly consistent with scientific realism -- that there is no ‘ultimate’ law of nature, that theories do not correspond to truths inherent in reality, and that successive revisions in theory do not lead monotonically to some ultimate truth. Instead, the theories generated in succession are incommensurate with each other, testifying to the fact that a theory gives us a perspective view of some part of reality, arrived at contextually. Instead of resembling a monotonically converging series successive theories are analogous to asymptotic series. -/- Before we summarize all the above considerations, we briefly address the issue of the complexity of the {\it human mind} -- one as pervasive as the complexity of Nature at large. The complexity of the mind is related to the complexity of the underlying neuronal organization in the brain, which operates within a larger biological context, its activities being modulated by other physiological systems, notably the one involving a host of chemical messengers. The mind, with no materiality of its own, is nevertheless emergent from the activity of interacting neuronal assemblies in the brain. As in the case of reality at large, there can be no ultimate theory of the mind, from which one can explain and predict the entire spectrum of human behavior, which is an infinitely rich and diverse one. (shrink)

Ever since the advent of molecular biology in the 1970s, mechanical models have become the dogma in the field, where a "true" understanding of any subject is equated to a mechanistic description. This has been to the detriment of the biomedical sciences, where, barring some exceptions, notable new feats of understanding have arguably not been achieved in normal and disease biology, including neurodegenerative disease and cancer pathobiology. I argue for a "mechanism-plus-X" paradigm, where mainstay elements of mechanistic models such as (...) hierarchy and correlation are combined with nomological principles such as general operative rules and generative principles. Depending on the question at hand and the nature of the inquiry, X could range from proven physical laws to speculative biological generalizations, such as the notional principle of cellular synchrony. I argue that the "mechanism-plus-X" approach should ultimately aim to move biological inquiries out of the deadlock of oft-encountered mechanistic pitfalls and reposition biology to its former capacity of illuminating fundamental truths about the world. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

Most scientists would hold that science has not established that the cosmos is physically comprehensible – i.e. such that there is some as-yet undiscovered true physical theory of everything that is unified. This is an empirically untestable, or metaphysical thesis. It thus lies beyond the scope of science. Only when physics has formulated a testable unified theory of everything which has been amply corroborated empirically will science be in a position to declare that it has established that the cosmos is (...) physically comprehensible. But this argument presupposes a widely accepted but untenable conception of science which I shall call standard empiricism. According to standard empiricism, in science theories are accepted solely on the basis of evidence. Choice of theory may be influenced for a time by considerations of simplicity, unity, or explanatory capacity, but not in such a way that the universe itself is permanently assumed to be simple, unified or physically comprehensible. In science, no thesis about the universe can be accepted permanently as a part of scientific knowledge independently of evidence. Granted this view, it is clear that science cannot have established that the universe is physically comprehensible. Standard empiricism is, however, as I have indicated, untenable. Any fundamental physical theory, in order to be accepted as a part of theoretical scientific knowledge, must satisfy two criteria. It must be (1) sufficiently empirically successful, and (2) sufficiently unified. Given any accepted theory of physics, endlessly many empirically more successful disunified rivals can always be concocted – disunified because they assert that different dynamical laws govern the diverse phenomena to which the theory applies. These disunified rivals are not considered for a moment in physics, despite their greater empirical success. This persistent rejection of empirically more successful but disunified rival theories means, I argue, that a big, highly problematic, implicit assumption is made by science about the cosmos, to the effect, at least, that the cosmos is such that all seriously disunified theories are false. Once this point is recognized, it becomes clear, I argue, that we need a new conception of science which makes explicit, and so criticizable and improvable the big, influential, and problematic assumption that is at present implicit in physics in the persistent preference for unified theories. This conception of science, which I call aim-oriented empiricism, represents the assumption of physics in the form of a hierarchy of assumptions. As one goes up the hierarchy, the assumptions become less and less substantial, and more and more nearly such that their truth is required for science, or the pursuit of knowledge, to be possible at all. At each level, that assumption is accepted which (a) best accords with the next one up, and (b) has, associated with it the most empirically progressive research programme in physics, or holds out the greatest hope of leading to such an empirically progressive research programme. In this way a framework of relatively insubstantial, unproblematic, fixed assumptions and associated methods is created, high up in the hierarchy, within which much more substantial and problematic assumptions and associated methods, low down in the hierarchy, can be changed, and indeed improved, as scientific knowledge improves. One assumption in this hierarchy of assumptions, I argue, is that the cosmos is physically comprehensible – that is, such that some yet-to-be-discovered unified theory of everything is true. Hence the conclusion: improve our ideas about the nature of science and it becomes apparent that science has already established that the cosmos is physically comprehensible – in so far as science can ever establish anything theoretical. (shrink)

The purpose of this paper aims to analyze and find the implementation of the Law for the Protection of Prisoners on parole for inmates certain crimes. This research is a normative legal research, the research includes the study of the principles of law, the systematic study of law, research on synchronization of law, legal history research and comparative law research. The results; (1) Legal Protection for Convicts to obtain parole in the human rights perspective, is given in the form of (...) Preventive Legal Protection and Legal Protection repressive. Preventive Legal protection granted by the government with the aim of preventing prior to the violation. (2) Implementation of parole for inmates of certain criminal acts, in essence, embodies the formulation remissions to the perpetrators of certain criminal offenses have been formulated differently from other criminal by Government Regulation No. 28 of 2006 juntco Government Regulation No. 32 of 1999. (3) Government Regulation No. 99 Year 2012 which discriminates against the Right to organize tightening remissions for prisoners certain crimes such as corruption, drugs and terrorism is violating the hierarchy of legislation. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely the law, (...) have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

In his 2000 paper, “Determinables are Universals”, Ingvar Johansson defends a version of immanent realism according to which universals are either lowest determinates, or highest determinables – either maximally specific and exact features (like Red27 or Perfectly Circular) or maximally general respects of similarity (like Colored or Voluminous). On Johansson 2000’s view, there are no intermediate-level determinable universals between the highest and the lowest. Let me call this the Protestant Theory of Determinable Universals, because according to it the humble lowest (...) determinates commune directly with the most high determinables. My question here shall be whether the Protestant theory is not too austere, and whether a more Catholic approach, with a richer hierarchy, is called for. I will be arguing that it may be: between Red27 and Colored, we may need Cardinal Red to intervene. I will here develop several challenges to the Protestant view. Each challenge presents a task that determinable universals should perform if we are going to invoke them at all, but that turns out to be something they can only do if we countenance more of them than the austere Protestant allows. In section one I will consider the task of analyzing resemblance relations, in section two I will consider some tasks to do with causation and the laws of nature, and in section three I will consider the task of making sense of the possibility of continuous change in gunky objects. (shrink)

Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination and (...) hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion. (shrink)

Freedom is first apprehended as the pursuit of an activity which implies the choice to defend a thesis among other possible ones. This translation of the problem of freedom in an articulate language presupposes a complex nervous system and sensory apparatuses which we take for granted. In this study, I try to explore the undergrounds of the problem of freedom along with the suggestion that the notion of coding could enable one to bridge nature and the mind. When organisms invent, (...) are they doing it in a spontaneous manner, inscribing in their hereditary and mnemonic instructions a stochastic contrivance of random accidents, or are they attempting to select among a limited number of schemes endowed with some optimality of functioning? If we consider them as submitted to physical forces, it is to the extent that we make them part of a strategy to extend the "laws" of a nature understood to respond passively. I suggest in this study that the epistemological understanding must regionalize itself and admit a hierarchy of dispositions in relation to the phenomenon of selection. I end by suggesting the pursuit of affirmation instead of negation, as this alone contains the requirement of integration to the knowing subject as well as the form in its act of understanding, without giving it a spontaneist position. (shrink)

In this article, we will present a number of technical results concerning Classical Logic, ST and related systems. Our main contribution consists in offering a novel identity criterion for logics in general and, therefore, for Classical Logic. In particular, we will firstly generalize the ST phenomenon, thereby obtaining a recursively defined hierarchy of strict-tolerant systems. Secondly, we will prove that the logics in this hierarchy are progressively more classical, although not entirely classical. We will claim that a logic (...) is to be identified with an infinite sequence of consequence relations holding between increasingly complex relata: formulae, inferences, metainferences, and so on. As a result, the present proposal allows not only to differentiate Classical Logic from ST, but also from other systems sharing with it their valid metainferences. Finally, we show how these results have interesting consequences for some topics in the philosophical logic literature, among them for the debate around Logical Pluralism. The reason being that the discussion concerning this topic is usually carried out employing a rivalry criterion for logics that will need to be modified in light of the present investigation, according to which two logics can be non-identical even if they share the same valid inferences. (shrink)

Most scientists would hold that science has not established that the cosmos is physically comprehensible – i.e. such that there is some as-yet undiscovered true physical theory of everything that is unified. This is an empirically untestable, or metaphysical thesis. It thus lies beyond the scope of science. Only when physics has formulated a testable unified theory of everything which has been amply corroborated empirically will science be in a position to declare that it has established that the cosmos is (...) physically comprehensible. But this argument presupposes a widely accepted but untenable conception of science which I shall call standard empiricism. According to standard empiricism, in science theories are accepted solely on the basis of evidence. Choice of theory may be influenced for a time by considerations of simplicity, unity, or explanatory capacity, but not in such a way that the universe itself is permanently assumed to be simple, unified or physically comprehensible. In science, no thesis about the universe can be accepted permanently as a part of scientific knowledge independently of evidence. Granted this view, it is clear that science cannot have established that the universe is physically comprehensible. Standard empiricism is, however, as I have indicated, untenable. Any fundamental physical theory, in order to be accepted as a part of theoretical scientific knowledge, must satisfy two criteria. It must be sufficiently empirically successful, and sufficiently unified. Given any accepted theory of physics, endlessly many empirically more successful disunified rivals can always be concocted – disunified because they assert that different dynamical laws govern the diverse phenomena to which the theory applies. These disunified rivals are not considered for a moment in physics, despite their greater empirical success. This persistent rejection of empirically more successful but disunified rival theories means, I argue, that a big, highly problematic, implicit assumption is made by science about the cosmos, to the effect, at least, that the cosmos is such that all seriously disunified theories are false. Once this point is recognized, it becomes clear, I argue, that we need a new conception of science which makes explicit, and so criticizable and improvable the big, influential, and problematic assumption that is at present implicit in physics in the persistent preference for unified theories. This conception of science, which I call aim-oriented empiricism, represents the assumption of physics in the form of a hierarchy of assumptions. As one goes up the hierarchy, the assumptions become less and less substantial, and more and more nearly such that their truth is required for science, or the pursuit of knowledge, to be possible at all. At each level, that assumption is accepted which best accords with the next one up, and has, associated with it the most empirically progressive research programme in physics, or holds out the greatest hope of leading to such an empirically progressive research programme. In this way a framework of relatively insubstantial, unproblematic, fixed assumptions and associated methods is created, high up in the hierarchy, within which much more substantial and problematic assumptions and associated methods, low down in the hierarchy, can be changed, and indeed improved, as scientific knowledge improves. One assumption in this hierarchy of assumptions, I argue, is that the cosmos is physically comprehensible – that is, such that some yet-to-be-discovered unified theory of everything is true. Hence the conclusion: improve our ideas about the nature of science and it becomes apparent that science has already established that the cosmos is physically comprehensible – in so far as science can ever establish anything theoretical. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept (...) the position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Kant is regarded as the spokesman of the contemporary declaration of human rights and the forerunner of global citizenship theory. However, this noble image has been questioned by critics for his comment of empirical racial hierarchy stated in the pre-critical period: Kant’s moral law applies only to the white race with the “full personality”. Around the question of whether Kant’s pure moral philosophy was impregnated by his racist view, the defenders of Kant either adopt the negative defense strategy of (...) affirming the transcendental moral philosophy and negating the racial thought, or try to justify the consistency of Kant’s theory from the perspective of his later philosophy of right. The deficiency of these two justifications is that they do not directly deal with the relationship between moral philosophy and race theory. When Kant developed a mature moral theory in the mid-1780s, he also constructed a systemically mature race theory under the guidance of teleology principles to defend the unity of mankind in a different world. This theory can be used as the explanatory basis to prove the universality of Kant’s moral philosophy, which reflects the deep correlation between moral philosophy and race theory. From this perspective, it can not only make up for the lack of defenders and respond to the critics’ doubts, but also portray a consistent egalitarian image of Kant. (shrink)

We introduce and study hierarchies of extensions of the propositional modal and temporal languages with pairs of new syntactic devices: point of reference-reference pointer which enable semantic references to be made within a formula. We propose three different but equivalent semantics for the extended languages, discuss and compare their expressiveness. The languages with reference pointers are shown to have great expressive power (especially when their frugal syntax is taken into account), perspicuous semantics, and simple deductive systems. For instance, Kamp's and (...) Stavi's temporal operators, as well as nominals (names, clock variables), are definable in them. Universal validity in these languages is proved undecidable. The basic modal and temporal logics with reference pointers are uniformly axiomatized and a strong completeness theorem is proved for them and extended to some classes of their extensions. (shrink)

Resumen: El objetivo de este artículo es analizar el modo en que se presenta la virtud política en los principales textos de Montesquieu y su resonancia en la obra de Rousseau. La hipótesis general que se propone es que, a pesar de sus enormes divergencias, los dos elaboraron una lectura eminentemente moderna que los separa de la filosofía política clásica. Ambos habrían compartido la idea de que la virtud es una pasión ―o que es intercambiable por una pasión―, apartándose de (...) las jerarquías del pensamiento antiguo. Se sostiene en este artículo que Montesquieu declarará, ante la muerte de la virtud clásica, su sucedáneo en el placer de la seguridad que es capaz de garantizar la libertad por medio del gobierno mixto. Por su lado, Rousseau hará una reivindicación de la virtud antigua, pero identificándola con la compasión, dislocando el status de la virtud civil. Estas lecturas darán lugar a dos maneras muy distintas de comprender la relación existente entre derecho natural y derecho positivo. // Abstract: The aim of this article is to analyze the way in which political virtue appears in the main texts of Montesquieu and and its repercussions in Rousseau’s work. The hypothesis proposed is that, despite their enormous divergences, both of them developed an eminently modern reading that separates them from Classical Political Philosophy. Both authors would have shared the idea that virtue is a passion ―or that it is interchangeable with a passion―, moving away from the hierarchies of ancient thought. This paper argues that Montesquieu will declare after the death of classical virtue the pleasure of security as a substitute capable of guaranteeing modern liberty by means of States organized as mixed constitutions. For his part, Rousseau will make a vindication of ancient virtue, but identifying it with compassion, dislocating the status of civil virtue. These readings will give rise to two very different ways of understanding the relationship between natural law and positive law. -/- Palabras clave: virtud – pasión – modernidad – seguridad – compasión. Key-words: virtue – passion – modernity – security – compassion. (shrink)

Wilhelm Ostwald’s program of a physical energetics is the attempt at a comprehensive description of nature on the basis of the concept of energy. In his book Energetische Grundlagen der Kulturwissenschaft, first published in 1909, Ostwald applies this conception to the area of culture. His central assumption is that cultural phenomena should be described by the energetic notion of “efficiency relation” (Güteverhältnis). His systematic thesis is that science, when organized according to the Machian “principle of economy,” proves as the highest (...) form of cultural expression, since it instantiates the notion of quality relation most efficiently, that is, “with the lowest energy expenditure.” This view echoes August Comte’s “law of the three stages” and is intended to supply it with a scientific, i.e., energetic foundation. Max Weber regarded Ostwald’s energetic theory of culture as a misguided attempt at an absolutization of the methods of concept formation within the natural sciences. As he wrote in his devastating review essay “’Energetische’ Kulturtheorien” (1909), Ostwald transformed a certain world view (Weltbild) into a scientifically frivolous ideology (Weltanschauung). In particular, Ostwald’s adherence to the Comtean law of three stages and the associated hierarchy of the sciences were criticized by Weber as outdated and completely beside the point. According to Weber, the concepts of the cultural sciences are not at all dependent on natural scientific concepts such as ‘energy.’ In his view, culture cannot be reduced to nature. But exactly this seemed to be the principal aim of Ostwald’s program. In this paper, I will critically investigate Weber’s critique of that program. I shall argue that Ostwald’s assumption of a natural basis of culture can be ‘rescued’ as a methodological device, but that Ostwald’s – thoroughly substantialist – view of energy should be discarded as a metaphysical relict of ancient ‘stuff ontology.’ . (shrink)

Drawing from Bakhtin and Habermas, I will show how the different voices in Gordimer's novel seem to be enacting a democratic public sphere in which no voice is granted authority over others – a public sphere which carries the promise of countering the social and political hierarchies established by the racist South African regime. The promise, however, turns out to be an illusion. As I will demonstrate, the possibility of an Enlightenment bourgeois public sphere which the novel seems to be (...) gesturing at is being irreparably undermined by racism. In a country where the Enlightenment aspiration to universalism and equality before the law are glaringly contravened by racism, Rosa Burger is painfully aware of her inability to fully access the predicament of the blacks. As such, Burger’s daughter remains only Burger’s daughter, and the children of Soweto the children of Soweto; at no point in the novel do they truly intermingle. Despite the fact that both are fighting racism – and the novel is devoted to the “coming-of-age” of both kinds of children – Rosa Burger remains only the daughter of a Bürger at the end of the novel, not the daughter of South Africa, much less to say the daughter of Black South Africa. She has finally “come into her own,” but the “self” she manages to realize is at best that of a disillusioned bourgeois individual (that of a disillusioned Bürger, so to speak) – a “self” that recalls Hegel’s “beautiful soul.” To appropriate György Lukács’s language, Bürger’s Daughter could be described as “modern bourgeois literature bear[ing] witness against bourgeois society.”. (shrink)

This paper argues against the claim that Frege is committed to an infinite hierarchy of senses. Carnap and Kripke, along with many others, argue the contrary; I expose where all such arguments go astray. Invariably these arguments assume (without citation) that Frege holds that sense and reference are always distinct. This is the fulcrum upon which the hierarchy is hoisted. The counter to this assumption is based on two important but neglected passages. The locution ‘indirect sense’ has no (...) ontological significance for Frege. It was just a ‘short expression’ (his term) to indicate that the customary relation between sign, sense, and reference is suspended in what he called the exception case of indirect context. Once the hierarchy is abandoned, the alleged problem of just what indirect sense is, as well as questions as to why Frege said so little about it and why he did not examine iterative indirect contexts are resolved. Of course, with no hierarchy, Davidson’s “unlearnability argument” turns out to be a non-starter. Some objections to my interpretation are considered and answered. Additionally, comparisons to Dummett’s one-level view of sense, which is similar to mine are made, as well as to some two-level views (Parsons and Skiba). (shrink)

Recent studies indicate that indicative conditionals like "If people wear masks, the spread of Covid-19 will be diminished" require a probabilistic dependency between their antecedents and consequents to be acceptable (Skovgaard-Olsen et al., 2016). But it is easy to make the slip from this claim to the thesis that indicative conditionals are acceptable only if this probabilistic dependency results from a causal relation between antecedent and consequent. According to Pearl (2009), understanding a causal relation involves multiple, hierarchically organized conceptual dimensions: (...) prediction, intervention, and counterfactual dependence. In a series of experiments, we test the hypothesis that these conceptual dimensions are differentially encoded in indicative and counterfactual conditionals. If this hypothesis holds, then there are limits as to how much of a causal relation is captured by indicative conditionals alone. Our results show that the acceptance of indicative and counterfactual conditionals can become dissociated. Furthermore, it is found that the acceptance of both is needed for accepting a causal relation between two co-occurring events. The implications that these findings have for the hypothesis above, and for recent debates at the intersection of the psychology of reasoning and causal judgment, are critically discussed. Our findings are consistent with viewing indicative conditionals as answering predictive queries requiring evidential relevance (even in the absence of direct causal relations). Counterfactual conditionals in contrast target causal relevance, specifically. Finally, we discuss the implications our results have for the yet unsolved question of how reasoners succeed in constructing causal models from verbal descriptions. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around (...) claims about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

Despite a growing interest in and sympathy with Confucianism, there remains a stereotyped conception of Confucian civil order as a form of authoritarian hierarchy that is responsible for various oppressions in ancient China and is reprehensible from a modern egalitarian perspective. One central target of this modern criticism is the Confucian maxim of sangang 三綱, whose underlying idea is essential for regulating the relationship between sovereign and subject, father and son, and husband and wife in traditional Confucian society. Tu (...) Wei-ming translates sangang as the “Three Bonds” and argues that it is the “least defensible legacy of Confucian ethics” from the “modern egalitarian and liberal perspective.” For Tu.. (shrink)

The paper places the work of G. Gaus into the tradition of political thought experimenting. In particular, his strategy of modeling moral decision by the heuristic device of idealized Members of the Public is presented as an iterated thought experiment, which stands in marked contrast with more traditional devices like the veil of ignorance. The consequences are drawn, and issues of utopianism and realism briefly discussed.

An adequate account of laws should satisfy at least five desiderata: it should provide a unified account of laws and chances, it should yield plausible relations between laws and chances, it should vindicate numerical chance assignments, it should accommodate dynamical and non-dynamical chances, and it should accommodate a plausible range of nomic possibilities. No extant account of laws satisfies these desiderata. This paper presents a non-Humean account of laws, the Nomic Likelihood Account, that does.

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (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)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (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.

My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...) development of interesting theories on the logic of legal reasoning. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...) for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

I elaborate and defend a "necessitarian" interpretation of Kant's account of laws.