In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work on (...) the bench. This article examines that question. Bench representation occurs when a judge, through statements or actions undertaken during the performance of official duties, speaks or acts for a party to the proceeding before them. I argue that serving as a bench representative is a common and valuable feature of what it is to be a judge and, despite appearances, usually undermines neither impartiality nor fairness. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of (...) the judges (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also (...) meaningful. The first paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

The theory of lower previsions is designed around the principles of coherence and sure-loss avoidance, thus steers clear of all the updating anomalies highlighted in Gong and Meng's "Judicious Judgment Meets Unsettling Updating: Dilation, Sure Loss, and Simpson's Paradox" except dilation. In fact, the traditional problem with the theory of imprecise probability is that coherent inference is too complicated rather than unsettling. Progress has been made simplifying coherent inference by demoting sets of probabilities from fundamental building blocks to secondary representations (...) that are derived or discarded as needed. (shrink)

In this paper I outline a comprehensive theory of legal interpretation based on an assumption that legal text, understood as the aggregate of texts of all legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied. From the above premise I will limit (...) myself to drawing two conclusions for how legal interpretation should be carried out. First, I argue that the possible world described by the legal text has to be ‘accessible’ from the real world, i.e. it has to be feasible to transform the actual world into the described one. Were it otherwise, the possible world could not serve as a model for adjustment. The accessibility requirement imposes obligations on the interpreters to secure the rationality of the possible world decoded from the text, amongst other to secure that the description of this world is not contradictory and – as a consequence – the law of excluded middle is obeyed in the possible world described by the legal text. Secondly, I argue for the inevitability of interpretative discretion arising from the requirement to decode a sufficiently ‘saturated’ picture of the possible world., i.e. possessing enough properties to resemble the actual world. As texts have a limited number of sentences and worlds have an unlimited number of properties, interpreters have to supplement the picture of a possible world to achieve its coherence. This involves the inclusion of some additional, non-predetermined features that integrate with the properties of the world predefined by the legal text. This process of saturation consists of filling in so-called ‘places of indeterminacy’ (Roman Ingarden) with content implicated by other features of the possible world. I also argue that the discretion resulting from the necessity of filling in the places of indeterminacy is justified by the requirement of fulfilling the intention of the lawmaker to make the possible world described by the legal text real. The theory presented here is based on contemporary theories of discourse representation and so-called ‘text-world theory’ by J. Gavins. Phenomenalism and causal (historical) theories of reference provide its philosophical background. (shrink)

Existe-il une corrélation entre le pouvoir d’un organe et le rang hiérarchique de ses normes ? La théorie réaliste de l’interprétation pourrait sembler indiquer le contraire. En effet, si, comme elle l’enseigne, c’est l’interprète d’un énoncé qui en détermine la signification, les agents de l’administration qui mettent en œuvre les politiques publiques devraient exercer un pouvoir plus important que le législateur qui les élabore. L’auteur de l’article soutient toutefois qu’une semblable conclusion serait erronée car les organes qui produisent les énoncés (...) juridiques généraux et abstraits peuvent généralement mobiliser des ressources qui leur permettent de contraindre les organes de concrétisation à prendre leurs préférences en considération. La représentation du droit comme étant constitué d’un ensemble de normes hiérarchisées confère certaines des ressources dont ils disposent. Celles-ci doivent être identifiées et leur efficacité évaluée afin de déterminer dans quels cas il existe.. (shrink)

Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of democracy; (...) rather, a government is democratic to the extent to which it provides egalitarian forms of political participation. One such form of participation can be the opportunity to influence the law through the courts, either directly by participating in a case or indirectly by advocating litigation. Arguing from several examples, this Article shows that judicial decision-making allows different voices to be heard that may not necessarily have influence or power in majoritarian legislative structures or popular initiatives. Giving citizens the opportunity to change, to preserve, and to obtain authoritative clarification of the law through the courts can thus make a government procedurally more democratic. (shrink)

This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe (...) that it is a threat to democracy. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in (...) such inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

This dissertation argues that mental representation is identical to phenomenal consciousness, and everything else that appears to be both mental and a matter of representation is not genuine mental representation, but either in some way derived from mental representation, or a case of non-mental representation.

The goal of this paper is to show that the information carried by a structural representation can be decomposed into the information carried by its component parts. In particular, the relations between the components of a structural representation carry quantifiable information about the relations between components of their signifieds. It follows that the information carried by cognitive structural representations, including cognitive maps, can in principle be quantified and decomposed. This is perhaps surprising given that the formal tools of (...) communication theory have typically only been applied to simpler representation-like states without significant structure, such as detectors or indicators. In the final section I consider using computational complexity theory to capture the processing advantages afforded by structural representation. (shrink)

La doctrina establecida por la Corte Suprema de Justicia de la Argentina en relación a los crímenes de lesa humanidad cometidos durante la última dictadura militar, expresamente declaraba la obligación del Estado de investigar y juzgar a los responsables de su comisión. La Corte no sólo caracterizó dichos delitos, sino que también estableció que no eran susceptibles de amnistía, indulto, ni prescripción. Pero, en el año 2017 dictó el fallo “Muiña” donde, por voto mayoritario, decidió otorgarle el beneficio del “2 (...) por 1” a un condenado por dichos delitos. La consecuencia fue su inmediata libertad por el vencimiento de la condena. La respuesta de la sociedad fue clara. Con diversas manifestaciones, la sociedad civil, las instituciones y las personalidades públicas se declararon en contra de la sentencia. Más aún, del voto de los mismos jueces se observan expresiones que denotan un gran pesar a la hora de tomar la decisión. Más precisamente, sostenían estar ante un dilema. En este trabajo, lejos de realizar un análisis de la interpretación jurídica que se efectuó en la sentencia, se propone trabajar sobre el concepto de dilema y la posibilidad de aplicación en el presente caso. La finalidad concreta es indagar si se está ante un dilema y en su caso si los jueces utilizan este concepto como un arma argumentativa para lograr adhesión o compasión de la opinión pública. En este sentido, se comenzará relatando el marco jurídico del fallo, donde se describirá la historia judicial de Muiña y los argumentos dados por el voto mayoritario y el minoritario de la Corte. Luego, se realizará un análisis del concepto de dilema, para reconstruirlo sobre la base de dos grandes posturas: Una lógica conceptual y otra fenomenológica. Posteriormente, se realizará un examen de la dimensión institucional del derecho y la moralidad judicial, para - finalmente - poder intentar responder si se está efectivamente ante un dilema. (shrink)

Many debates in philosophy focus on whether folk or scientific psychological notions pick out cognitive natural kinds. Examples include memory, emotions and concepts. A potentially interesting type of kind is: kinds of mental representations (as opposed, for example, to kinds of psychological faculties). In this chapter we outline a proposal for a theory of representational kinds in cognitive science. We argue that the explanatory role of representational kinds in scientific theories, in conjunction with a mainstream approach to explanation in cognitive (...) science, suggest that representational kinds are multi-level. This is to say that representational kinds’ properties cluster at different levels of explanation and allow for intra- and inter-level projections. (shrink)

How can we think about things in the outside world? There is still no widely accepted theory of how mental representations get their meaning. In light of pioneering research, Nicholas Shea develops a naturalistic account of the nature of mental representation with a firm focus on the subpersonal representations that pervade the cognitive sciences.

As large language models (LLMs) continue to demonstrate remarkable abilities across various domains, computer scientists are developing methods to understand their cognitive processes, particularly concerning how (and if) LLMs internally represent their beliefs about the world. However, this field currently lacks a unified theoretical foundation to underpin the study of belief in LLMs. This article begins filling this gap by proposing adequacy conditions for a representation in an LLM to count as belief-like. We argue that, while the project of (...) belief measurement in LLMs shares striking features with belief measurement as carried out in decision theory and formal epistemology, it also differs in ways that should change how we measure belief. Thus, drawing from insights in philosophy and contemporary practices of machine learning, we establish four criteria that balance theoretical considerations with practical constraints. Our proposed criteria include accuracy, coherence, uniformity, and use, which together help lay the groundwork for a comprehensive understanding of belief representation in LLMs. We draw on empirical work showing the limitations of using various criteria in isolation to identify belief representations. (shrink)

Structural representations are increasingly popular in philosophy of cognitive science. A key virtue they seemingly boast is that of meeting Ramsey's job description challenge. For this reason, structural representations appear tailored to play a clear representational role within cognitive architectures. Here, however, I claim that structural representations do not meet the job description challenge. This is because even our most demanding account of their functional profile is satisfied by at least some receptors, which paradigmatically fail the job description challenge. Hence, (...) the functional profile typically associated with structural representations does not identify representational posits. After a brief introduction, I present, in the second section of the paper, the job description challenge. I clarify why receptors fail to meet it and highlight why, as a result, they should not be considered representations. In the third section I introduce what I take to be the most demanding account of structural representations at our disposal, namely Gładziejewski's account. Provided the necessary background, I turn from exposition to criticism. In the first half of the fourth section, I equate the functional profile of structural representations and receptors. To do so, I show that some receptors boast, as a matter of fact, all the functional features associated with structural representations. Since receptors function merely as causal mediators, I conclude structural representations are mere causal mediators too. In the second half of the fourth section I make this conclusion intuitive with a toy example. I then conclude the paper, anticipating some objections my argument invites. (shrink)

In this paper, we defend a novel, multidimensional account of representational unification, which we distinguish from integration. The dimensions of unity are simplicity, generality and scope, non-monstrosity, and systematization. In our account, unification is a graded property. The account is used to investigate the issue of how research traditions contribute to representational unification, focusing on embodied cognition in cognitive science. Embodied cognition contributes to unification even if it fails to offer a grand unification of cognitive science. The study of this (...) failure shows that unification, contrary to what defenders of mechanistic explanation claim, is an important mechanistic virtue of research traditions. (shrink)

This paper discusses the intellectual relationship between Meinong and Twardowski, focusing on their ideas about representations and judgements, which are in part extraneous to Franz Brentano’s philosophy. The two philosophers addressed similar topics and their respective positions can be seen to overlap in some regards. This is shown by looking at their views on judgements about relations, intuitive and non‑intuitive representations, and Twardowski’s represented judgements, which display some strong analogies with Meinong’s assumptions.

A straightforward way of thinking about perception is in terms of perceptual representation. Perception is the construction of perceptual representations that represent the world correctly or incorrectly. This way of thinking about perception has been questioned recently by those who deny that there are perceptual representations. This article examines some reasons for and against the concept of perceptual representation and explores some potential ways of resolving this debate. Then it analyzes what perceptual representations may be: if they attribute (...) properties to entities, what are these attributed properties, and what are the entities they are attributed to. (shrink)

Many philosophers and psychologists have attempted to elucidate the nature of mental representation by appealing to notions like isomorphism or abstract structural resemblance. The ‘structural representations’ that these theorists champion are said to count as representations by virtue of functioning as internal models of distal systems. In his 2007 book, Representation Reconsidered, William Ramsey endorses the structural conception of mental representation, but uses it to develop a novel argument against representationalism, the widespread view that cognition essentially involves (...) the manipulation of mental representations. Ramsey argues that although theories within the ‘classical’ tradition of cognitive science once posited structural representations, these theories are being superseded by newer theories, within the tradition of connectionism and cognitive neuroscience, which rarely if ever appeal to structural representations. Instead, these theories seem to be explaining cognition by invoking so-called ‘receptor representations’, which, Ramsey claims, aren’t genuine representations at all—despite being called representations, these mechanisms function more as triggers or causal relays than as genuine stand-ins for distal systems. I argue that when the notions of structural and receptor representation are properly explicated, there turns out to be no distinction between them. There only appears to be a distinction between receptor and structural representations because the latter are tacitly conflated with the ‘mental models’ ostensibly involved in offline cognitive processes such as episodic memory and mental imagery. While structural representations might count as genuine representations, they aren’t distinctively mental representations, for they can be found in all sorts of non-intentional systems such as plants. Thus to explain the kinds of offline cognitive capacities that have motivated talk of mental models, we must develop richer conceptions of mental representation than those provided by the notions of structural and receptor representation. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to (...) fill this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

This paper engages critically with anti-representationalist arguments pressed by prominent enactivists and their allies. The arguments in question are meant to show that the “as-such” and “job-description” problems constitute insurmountable challenges to causal-informational theories of mental content. In response to these challenges, a positive account of what makes a physical or computational structure a mental representation is proposed; the positive account is inspired partly by Dretske’s views about content and partly by the role of mental representations in contemporary cognitive (...) scientific modeling. (shrink)

Despite its centrality in the philosophy of cognitive science, there has been little prior philosophical work engaging with the notion of representation in contemporary NLP practice. This paper attempts to fill that lacuna: drawing on ideas from cognitive science, I introduce a framework for evaluating the representational claims made about components of neural NLP models, proposing three criteria with which to evaluate whether a component of a model represents a property and operationalising these criteria using probing classifiers, a popular (...) analysis technique in NLP (and deep learning more broadly). The project of operationalising a philosophically-informed notion of representation should be of interest to both philosophers of science and NLP practitioners. It affords philosophers a novel testing-ground for claims about the nature of representation, and helps NLPers organise the large literature on probing experiments, suggesting novel avenues for empirical research. (shrink)

In this article, network science is discussed from a methodological perspective, and two central theses are defended. The first is that network science exploits the very properties that make a system complex. Rather than using idealization techniques to strip those properties away, as is standard practice in other areas of science, network science brings them to the fore, and uses them to furnish new forms of explanation. The second thesis is that network representations are particularly helpful in explaining the properties (...) of non-decomposable systems. Where part-whole decomposition is not possible, network science provides a much-needed alternative method of compressing information about the behavior of complex systems, and does so without succumbing to problems associated with combinatorial explosion. The article concludes with a comparison between the uses of network representation analyzed in the main discussion, and an entirely distinct use of network representation that has recently been discussed in connection with mechanistic modeling. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

The standard representation theorem for expected utility theory tells us that if a subject’s preferences conform to certain axioms, then she can be represented as maximising her expected utility given a particular set of credences and utilities—and, moreover, that having those credences and utilities is the only way that she could be maximising her expected utility. However, the kinds of agents these theorems seem apt to tell us anything about are highly idealised, being always probabilistically coherent with infinitely precise (...) degrees of belief and full knowledge of all a priori truths. Ordinary subjects do not look very rational when compared to the kinds of agents usually talked about in decision theory. In this paper, I will develop an expected utility representation theorem aimed at the representation of those who are neither probabilistically coherent, logically omniscient, nor expected utility maximisers across the board—that is, agents who are frequently irrational. The agents in question may be deductively fallible, have incoherent credences, limited representational capacities, and fail to maximise expected utility for all but a limited class of gambles. (shrink)

According to a standard representationalist view cognitive capacities depend on internal content-carrying states. Recent alternatives to this view have been met with the reaction that they have, at best, limited scope, because a large range of cognitive phenomena—those involving absent and abstract features—require representational explanations. Here we challenge the idea that the consideration of cognition regarding the absent and the abstract can move the debate about representationalism along. Whether or not cognition involving the absent and the abstract requires the positing (...) of representations depends upon whether more basic forms of cognition require the positing of representations. (shrink)

Nick Shea’s Representation in Cognitive Science commits him to representations in perceptual processing that are about probabilities. This commentary concerns how to adjudicate between this view and an alternative that locates the probabilities rather in the representational states’ associated “attitudes”. As background and motivation, evidence for probabilistic representations in perceptual processing is adduced, and it is shown how, on either conception, one can address a specific challenge Ned Block has raised to this evidence.

If emotion is not an arbitrary compilation of fixed types of (descriptive, conceptual, conative, prescriptive) content, nor a state that can be reduced to other types of pre-existing (perceptual, cognitive, behavioral) states, then what sort of thing is it really? Tom Cochrane has proposed that emotions are valent representations of situated concerns. Valent representation is a type of mental content whose function is to detect the presence or absence of certain conditions; what makes that type of content valent is (...) that without needing the mediation of any other state, a response is triggered that is disposed to increase or decrease the presence of the condition represented. I raise doubts about the plausibility of that account in light of recent work in philosophy of biology and philosophy of mind. (shrink)

Representation theorems are often taken to provide the foundations for decision theory. First, they are taken to characterize degrees of belief and utilities. Second, they are taken to justify two fundamental rules of rationality: that we should have probabilistic degrees of belief and that we should act as expected utility maximizers. We argue that representation theorems cannot serve either of these foundational purposes, and that recent attempts to defend the foundational importance of representation theorems are unsuccessful. As (...) a result, we should reject these claims, and lay the foundations of decision theory on firmer ground. (shrink)

Arguably the most foundational principle in perception research is that our experience of the world goes beyond the retinal image; we perceive the distal environment itself, not the proximal stimulation it causes. Shape may be the paradigm case of such “unconscious inference”: When a coin is rotated in depth, we infer the circular object it truly is, discarding the perspectival ellipse projected on our eyes. But is this really the fate of such perspectival shapes? Or does a tilted coin retain (...) an elliptical appearance even when we know it’s circular? This question has generated heated debate from Locke and Hume to the present; but whereas extant arguments rely primarily on introspection, this problem is also open to empirical test. If tilted coins bear a representational similarity to elliptical objects, then a circular coin should, when rotated, impair search for a distal ellipse. Here, nine experiments demonstrate that this is so, suggesting that perspectival shapes persist in the mind far longer than traditionally assumed. Subjects saw search arrays of three-dimensional “coins,” and simply had to locate a distally elliptical coin. Surprisingly, rotated circular coins slowed search for elliptical targets, even when subjects clearly knew the rotated coins were circular. This pattern arose with static and dynamic cues, couldn’t be explained by strategic responding or unfamiliarity, generalized across shape classes, and occurred even with sustained viewing. Finally, these effects extended beyond artificial displays to real-world objects viewed in naturalistic, full-cue conditions. We conclude that objects have a remarkably persistent dual character: their objective shape “out there,” and their perspectival shape “from here.”. (shrink)

Kant's most sustained discussion of obscure representations can be found in the first book of his Anthropology from a Pragmatic Point of View. What is puzzling is that in the middle of the section devoted to the topic, Kant asserts that “because this field can only be perceived in his passive side as a play of sensations, the theory of obscure representations belongs only to physiological anthropology, and so it is properly disregarded here.” So, do obscure representations belong to pragmatic (...) anthropology or not? Kant's official position is that they do not, yet the textual evidence—we find discussions of obscure representations in 20 years of his work on pragmatic anthropology—suggests that they do, in fact, belong here. Most of the literature on obscure representations focuses on their contribution to cognition and none has clarified what it would mean to assume a “pragmatic point of view” on obscure representations, and to study them in the context of pragmatic anthropology. My aim in this paper is to provide such clarification, focusing on Kant's discussion of our propensity to “play with” obscure representations and what he calls our “art of obscuring.”. (shrink)

Cognitive representations are typically analysed in terms of content, vehicle and format. While current work on formats appeals to intuitions about external representations, such as words and maps, in this paper we develop a computational view of formats that does not rely on intuitions. In our view, formats are individuated by the computational profiles of vehicles, i.e., the set of constraints that fix the computational transformations vehicles can undergo. The resulting picture is strongly pluralistic, it makes space for a variety (...) of different formats, and is intimately tied to the computational approach to cognition in cognitive science and artificial intelligence. (shrink)

The “scarred villain” trope, where facial differences like scars signify moral corruption, is ubiquitous in film (e.g., Batman’s The Joker). Strides by advocacy groups to undermine the trope, however, suggest cinematic representations of facial differences could be improving with time. This preregistered study characterized facial differences in film across cultures (US vs. India) and time (US: 1980-2019, India: 2000-2019). Top-grossing films by country and decade were screened for characters with facial differences. We found that the scarred villain trope has actually (...) worsened with time, although in tandem with progress in also representing non-villainous characters with facial anomalies. Country of origin did not predict the presence of facial differences in villains or heroes. “Action” and “fantasy” movies were the most likely genres to depict villains with facial differences. Finally, villains’ facial differences crossed more facial subunits and were more likely to involve lips, chin, and mandible than when present in heroes. Our findings underscore the need for critical reflection on the role of cultural practices—even when seemingly innocuous—in shaping and maintaining negative biases against already stigmatized groups. (shrink)

La literatura sobre razonamiento probatorio busca incidir en la determinación de los hechos en los procesos judiciales. Para alcanzar dicho propósito, no basta con dirigir la mirada hacia disciplinas extrajurídicas exitosas e integrar lo que de ellas pueda extraerse a las teorías jurídicas de la prueba y a la práctica judicial. Es necesario, además, considerar el tipo de hechos a probar, los roles de las reglas jurídicas aplicables, y asumir que litigantes y jueces, actuando en un contexto institucional, podrán (...) ser más o menos agudos en la discusión fáctica, entre otras cosas. Minimizar la influencia de tales factores expone a los estudios probatorios a tener un bajo rendimiento práctico. Algo de esto ha ocurrido con la llamada concepción racionalista de la prueba. Su innegable aporte al debate académico en español no ha ido a la par de su impacto judicial. Para explicar esta brecha entre teoría y práctica, identificamos tres creencias-obstáculo que afectan a su discurso sobre la prueba y que deben ser sorteadas si lo que se busca es influir en la forma en que se juzgan los hechos en un sistema judicial realmente existente. (shrink)

Much recent cognitive neuroscientific work on body knowledge is representationalist: “body schema” and “body images”, for example, are cerebral representations of the body (de Vignemont 2009). A framework assumption is that representation of the body plays an important role in cognition. The question is whether this representationalist assumption is compatible with the variety of broadly situated or embodied approaches recently popular in the cognitive neurosciences: approaches in which cognition is taken to have a ‘direct’ relation to the body and (...) to the environment. A “direct” relation is one where the boundaries between the body and the head, or between the environment and the animal are not theoretically important in the understanding of cognition. These boundaries do not play a theoretically privileged role in cognitive explanations of behavior. But representationalism appears to put a representational veil between the locus of cognition and that which is represented, making cognitive relations to the body and to the environment be indirect, with a high associated computational load. For this reason, direct approaches have tried to minimize the use of internal representations (Suchman 1987; Barwise 1987; Agre and Chapman 1987; Brooks 1992; Thelen and Smith 1994; van Gelder 1995; Port and van Gelder 1995; Clark 1997, 1999; Rupert 2009, p. 180). Does a cognitive neuroscience committed to direct relations rule out a representationalist approach to body knowledge? Or is direct representationalism possible? (shrink)

An early, very preliminary edition of this book was circulated in 1962 under the title Set-theoretical Structures in Science. There are many reasons for maintaining that such structures play a role in the philosophy of science. Perhaps the best is that they provide the right setting for investigating problems of representation and invariance in any systematic part of science, past or present. Examples are easy to cite. Sophisticated analysis of the nature of representation in perception is to be (...) found already in Plato and Aristotle. One of the great intellectual triumphs of the nineteenth century was the mechanical explanation of such familiar concepts as temperature and pressure by their representation in terms of the motion of particles. A more disturbing change of viewpoint was the realization at the beginning of the twentieth century that the separate invariant properties of space and time must be replaced by the space-time invariants of Einstein's special relativity. Another example, the focus of the longest chapter in this book, is controversy extending over several centuries on the proper representation of probability. The six major positions on this question are critically examined. Topics covered in other chapters include an unusually detailed treatment of theoretical and experimental work on visual space, the two senses of invariance represented by weak and strong reversibility of causal processes, and the representation of hidden variables in quantum mechanics. The final chapter concentrates on different kinds of representations of language, concluding with some empirical results on brain-wave representations of words and sentences. (shrink)

Many philosophers have understood the representational dimension of affective states along the model of sense-perceptual experiences, even claiming the relevant affective experiences are perceptual experiences. This paper argues affective experiences involve a kind of personal level affective representation disanalogous from the representational character of perceptual experiences. The positive thesis is that affective representation is a non-transparent, non-sensory form of evaluative representation, whereby a felt valenced attitude represents the object of the experience as minimally good or bad, and (...) one experiences that evaluative standing as having the power to causally motivate the relevant attitude. I show this view can make sense of distinctive features of affective experiences, such as their valence and connection to value in a way which moves beyond current evaluativist views of affect. (shrink)

The main task of this paper is to understand if and how static images like photographs can represent and/or depict temporal extension (duration). In order to do this, a detour will be necessary to understand some features of the nature of photographic representation and depiction in general. This important detour will enable us to see that photographs (can) have a narrative content, and that the skilled photographer can 'tell a story' in a very clear sense, as well as control (...) and guide the attention of the spectator of the photograph. The understanding and defence of this claim is a secondary aim of this paper, and it will then allow us to provide a good treatment of the particular case of photographic representation and depiction of temporal extension. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...) both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways (...) in which a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the (...) EU requires an additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

The Enhanced Indispensability Argument appeals to the existence of Mathematical Explanations of Physical Phenomena to justify mathematical Platonism, following the principle of Inference to the Best Explanation. In this paper, I examine one example of a MEPP—the explanation of the 13-year and 17-year life cycle of magicicadas—and argue that this case cannot be used defend the EIA. I then generalize my analysis of the cicada case to other MEPPs, and show that these explanations rely on what I will call ‘optimal (...) representations’, which are representations that capture all that is relevant to explain a physical phenomenon at a specified level of description. In the end, because the role of mathematics in MEPPs is ultimately representational, they cannot be used to support mathematical Platonism. I finish the paper by addressing the claim, advanced by many EIA defendants, that quantification over mathematical objects results in explanations that have more theoretical virtues, especially that they are more general and modally stronger than alternative explanations. I will show that the EIA cannot be successfully defended by appealing to these notions. (shrink)

This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay provides a nonmoral reason to oppose the Court’s recent capital punishment decisions. The Court’s position that petitioners seeking to challenge a method of execution must identify a readily available and feasible alternative execution protocol is untenable, and must (...) be revisited. (shrink)

We provide conditions under which an incomplete strongly independent preorder on a convex set X can be represented by a set of mixture preserving real-valued functions. We allow X to be infi nite dimensional. The main continuity condition we focus on is mixture continuity. This is sufficient for such a representation provided X has countable dimension or satisfi es a condition that we call Polarization.

In this work, we consider the problem of the approximate hedging of a contingent claim in the minimum mean square deviation criterion. A theorem on martingaỉe representation in the case of discrete time and an application of obtained result for semi-continous market model are given.

En el presente texto se aborda la discusión entre economistas y abogados acerca del control judicial en aspectos económicos con el propósito de mostrar el carácter democrático de éste. El análisis contendrá tres partes: (i) contextualización del debate a partir del principio de distribución de poderes; (ii) planteamiento del debate a partir de dos lecturas de la Constitución de 1991, ya sea que se enfatice en el liberalismo clásico contenido en la carta o en lo “social” del Estado Social (...) de Derecho de la misma; (iii) por último, se abordarán algunas de las principales críticas al control constitucional en cuestiones económicas, así como el análisis de la legitimidad y conveniencia de dicho control. En esta última parte se hará especial énfasis en la objeción de que la intervención judicial en la economía sería antidemocrática y la respuesta que a la misma puede plantearse. (shrink)

What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with ethics- (...) as well as whether any discrepancies among ourselves are justifiable. An investigation into relevant moral and jurisprudential theories revealed much about the inner workings of a judge’s mindset- whether he or she recognizes it or not. Coupling this with corroborated research on a select few heuristics present specifically for judges sets the foundation for an array of possible solutions in order to ensure the most impartial judicial proceedings. Plausible remedies include conducting premortems, implicit association tests, and a revised ruling procedure. (shrink)

Many have urged that the biggest obstacles to a physicalistic understanding of consciousness are the problems raised in connection with the subjectivity of consciousness. These problems are most acutely expressed in consideration of the knowledge argument against physicalism. I develop a novel account of the subjectivity of consciousness by explicating the ways in which mental representations may be perspectival. Crucial features of my account involve analogies between the representations involved in sensory experience and the ways in which pictorial representations exhibit (...) perspectives or points of view. I argue that the resultant account of subjectivity provides a basis for the strongest response physicalists can give to the knowledge argument. (shrink)