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)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open (...) up a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (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)

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)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (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)

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)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (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)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (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)

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. -/- .

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)

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)

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)

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)

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)

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)

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, generality, and (...) non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” 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. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, 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 constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz 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 goodness-fixing kinds involves revising the general picture. (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)

The paper compares dispositionalism about laws of nature with primitivism. It argues that while the distinction between these two positions can be drawn in a clear-cut manner in classical mechanics, it is less clear in quantum mechanics, due to quantum non-locality. Nonetheless, the paper points out advantages for dispositionalism in comparison to primitivism also in the area of quantum mechanics, and of contemporary physics in general.

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)

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 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.

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)

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)

This book begins with the question 'Who am I?' and immediately sets off in an astonishingly original direction. Why didn't anyone before Harding think of responding to this question like this? It's so obvious, once you see it. Harding presents a new vision of our place in the universe that uses the scientific method of looking to see what is true. It turns out that the truth about ourselves is not only true but also very good, and breathtakingly beautiful. We (...) live in a sacred, many-layered, living universe - or rather it lives in us. Though it was completed in 1950, this book is still ahead of its time. One day it will surely be widely recognised for its greatness: its all-encompassing vision, its originality and freshness, its depth of insight, its wide-ranging knowledge, the clarity and poetry of its language, its humanity. It is a world-view not dependent on local culture or religion, but on universally verifiable facts. It is also a world-view that respects our manifest differences whilst celebrating our underlying unity - the unity not just of oneself with other people but with all of life, indeed with the whole universe. Harding died in 2007 aged 97, leaving behind him an impressive body of work. He was a highly creative person who was passionate about - he was in love with - this living universe and the immortal treasure that abides at its centre - at our centre. "A work of the highest genius." C. S. Lewis. (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)

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)

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)

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)

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)

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)

The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.

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)

The central thesis of this paper is that the scope and structure of Hume's Treatise of Human Nature is modelled, or planned, after that of Hobbes's The Elements of Law and that in this respect there exists an important and unique relationship between these works. This relationship is of some importance for at least two reasons. First, it is indicative of the fundamental similarity between Hobbes's and Hume's project of the study of man. Second, and what is more important, by (...) recognizing this relationship between Hume's and Hobbes's works we can come to appreciate the unity of the project of the Treatise itself. My discussion will proceed in three stages. In section I present the evidence for my central thesis. In the second section I shall consider why Hume does not, as one might expect, acknowledge this important debt to Hobbes in the Introduction to the Treatise or in the Abstract. Finally, in the third section I shall note a few points of some importance to the understanding of Hume's philosophy which this relationship between Hobbes's and Hume's work touches upon. (shrink)

Three popular views regarding the modal status of the laws of nature are discussed: Humean Supervenience, nomic necessitation, and scientific/dispositional essentialism. These views are examined especially with regard to their take on the apparent modal force of laws and their ability to explain that modal force. It will be suggested that none of the three views, at least in their strongest form, can be maintained if some laws are metaphysically necessary, but others are metaphysically contingent. Some reasons for thinking that (...) such variation in the modal status of laws exists will be presented with reference to physics. This drives us towards a fourth, hybrid view, according to which there are both necessary and contingent laws. The prospects for such a view are studied. (shrink)

Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to metaphysics or philosophy of (...) science; claims about laws play essential roles in areas as diverse as the philosophy of religion (e.g., in the argument from design) and the philosophy of mind (e.g., in the formulation of Davidson’s anomalous monism). In my dissertation, I consider and reject the widely-held thesis that the facts concerning laws can be reduced to the facts concerning the particular entities that the laws “govern,” and that the laws thus have no independent existence. I instead defend a version of nomic primitivism, according to which the facts about laws cannot be reduced to facts that are themselves non-nomic – i.e., to facts that do not fundamentally involve laws, counterfactuals, causes, etc. Insofar as the truth or falsity of reductionism about laws has implications for many of the problems mentioned above, I think that this result should be of interest even to those who who do not work in metaphysics or the philosophy of science. My methodology, which I lay out and defend in Chapter One, is a version of Carnapian explication. This method emphasizes the importance of articulating and maintaining clear distinctions between (1) the vague concept (or concepts) law of nature inherent in ordinary language and scientific practice and (2) the precise analyses of “law of nature” that philosophers have proposed as potential replacements for this concept. I argue that metaphysics-as-explication has clear advantages over rival conceptions of metaphysical methodology; in particular, it allows us to formulate evaluative criteria for metaphysical claims. In Chapter Two, I offer an example of how careful attention to concepts already in use can help resolve philosophical debate. Specifically, I argue that much recent literature has mistakenly assumed that there is only one concept of “law of nature” in use, while there are in fact at least two. Strong laws are the principles pursued by fundamental physics: they are true, objective, and bear distinctive relationships to counterfactuals and explanation. Weak laws, by contrast, lack at least one of these distinctive characteristics but play central roles in both the “special sciences” and in everyday life. In Chapters Three and Four, I offer extended arguments against the two most prominent versions of reductionism about laws – Humeanism and law necessitarianism. According to philosophical Humeans, the laws of nature supervene upon the non-modal, non-nomic facts concerning the behavior of particular things at particular times and places. Law necessitarians, by contrast, argue that the laws are in fact metaphysically necessary, and that which laws there are is determined by a class of primitive, modally loaded facts concerning the essences, natures, or dispositions. I argue that both of these views are mistaken insofar as they disagree with well-entrenched scientific practices and those in favor of reductionism have failed to provided sufficient reason for thinking that these practices should be revised. Much of my argument is focused on the role played by a number of supposed methodological principles, including appeals to intuition, parsimony, and methodological naturalism. While the conclusions of this dissertation are explicitly constrained to laws, many of the arguments should be of interest to those who are concerned about philosophical methodology (especially in the role of intuition in philosophical argument) or the appropriate relation between metaphysics, science, and the philosophy of science. (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.

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.

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