Reductionists about dispositions must either say the natural properties are all dispositional or individuate properties hyperintensionally. Lewis stands in as an example of the sort of combination I think is incoherent: properties individuated by modal profile + categoricalism.

Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature of (...) aesthetic normativity; this is because, in making aesthetic commitments, we are capable of giving aesthetic concerns the weight of obligation. I argue that appealing to aesthetic commitments allows us to account for the existence of aesthetic obligations as well as their grounding. I conclude by arguing that, although the aesthetic domain is a domain of play and freedom of choice, there is nevertheless an important place in it for both aesthetic commitments and the aesthetic obligations they generate. (shrink)

Most recent discussions of reasons in art criticism focus on reasons that justify beliefs about the value of artworks. Reviving a long-neglected suggestion from Paul Ziff, I argue that we should focus instead on art-critical reasons that justify actions—namely, particular ways of engaging with artworks. I argue that a focus on practical rather than theoretical reasons yields an understanding of criticism that better fits with our intuitions about the value of reading art criticism, and which makes room for a nuanced (...) distinction between criticism that aims at universality and criticism that is resolutely personal. (shrink)

In recent years, an increasing number of contemporary artists have incorporated live animals into their work. Although this development has attracted a great deal of attention in the artworld and among animal rights activists, it has not been much discussed in the philosophy of art—which is quite remarkable, given the serious ethical and artistic questions that these artworks prompt. I focus on answering two such questions. First, is the use of animals in these artworks ethically objectionable? Or are such artworks (...) instead morally permissible or even laudable? Second, what might be the distinctive value or good of incorporating animals into artworks in this way? In response to both questions, I argue that one distinctive value of some of the artworks I discuss is their ability to facilitate a relationship of moral concern and respect on the part of an audience toward the animals that are a part of the artwork. Insofar as artworks facilitate such relationships, they are not simply artistically important; they are also, to that extent, morally good. (shrink)

The aesthetic domain is a social one. We coordinate our individual acts of creation, appreciation, and performance with those of others in the context of social aesthetic practices. More strongly, many of the richest goods of our aesthetic lives are constitutively social; their value lies in the fact that individuals are engaged in joint aesthetic agency, participating in cooperative and collaborative project that outstrips what can be realized alone. I provide an account of nature and value of two such social (...) aesthetic goods—aesthetic communities and aesthetic traditions—and further argue that such goods are a core constituent of an aesthetically good life. At the same time, I argue that the ideals of the dominant theory of aesthetic value, aesthetic value hedonism, are incompatible with a full commitment to these social aesthetic goods; the hedonist is thereby alienated from the other participants within aesthetic communities and traditions. This sets up a dilemma for the hedonist: either the hedonist must bite the bullet, accepting that the theory leads to a problematic form of aesthetic alienation; or, we must reject aesthetic value hedonism and adopt a different theory of aesthetic value which accommodates the value of social aesthetic goods. I argue that we should take the second horn of the dilemma. (shrink)

An extended critical investigation of Plantinga's evolutionary argument against naturalism (EAAN). -/- I wrote this a couple of years ago as a way of thinking through the argument, but now lack the ambition to revise it into a paper. (It's too long to be a paper, too short and too narrowly focused on one person's argument to be a book.) Rather than let it age in private, I'm sharing it publicly for anyone interested in Plantinga's argument.

This article explains and defends a novel idea about how people can be misled by a discussion topic, even if the discussion itself does not explicitly involve the making of false claims. The crucial aspect of this idea is that people are liable to infer, from the fact that a particular topic is being discussed, that this topic is important. As a result, they may then be led to accept certain beliefs about the state of the world they consider necessary (...) for the topic’s importance. What the article calls “importance misrepresentation” occurs when these beliefs about the state of the world are false or otherwise mistaken. The article explores different ways in which importance misrepresentation can occur, and it uses this idea to help clarify and strengthen some well‐known criticisms of the topic choices of academic philosophers. (shrink)

Uses erotetic logic to model the courtroom objection "Improper Cross!". -/- Readers downloading the article should also please download the erratum et corrigendum, which is locally available.

Some writers appear to believe that a theory of justice must somehow pick people up by the scruff of the neck and force them to behave justly, regardless of their beliefs or inclinations. This is an absurd demand... (B. Barry, Justice as Impartiality).

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)

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)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context (...) in the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (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)

States heavily restrict immigration, and many people violate these restrictions. For example, unauthorized immigrants cross borders without official permission, and other actors, such as people smugglers, assist them in doing so. How should we evaluate resistance to immigration law from a moral perspective? In this article, I survey recent work on the ethics of resisting immigration law. In particular, I examine three categories of resistance to immigration law as the following: unauthorized immigration, people smuggling, and citizens' resistance to laws (...) that prohibit them from assisting or interacting with unauthorized immigrants. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then this is (...) impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and (...) also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper raises (...) few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

In recent years, the practice of tax exemption for churches has become a source of open scrutiny, argument, and controversy on the part of both government and religious leaders. The study attempted to assess the main principles that government base on to impose taxes on its citizenry and to assess the tax exemption status of the churches in Ghana. Exploratory, descriptive and cross-section surveys were used to investigate and discover from respondent’s information on the topic to provide a report (...) on the background, facts, settings and concerns about the principles of taxation and the tax exemption status of churches. The study considered 120 people as its targeted sample of which 114 responded by the use of questionnaires. Also, descriptive analysis such as frequency and percentages were used to analyse the data. From the information gathered on the research, it was revealed that most Ghanaians representing 65.8% prefer the government to allocate taxes based on the benefits that taxpayers receive for paying taxes rather than the ability to pay or any other principle for the allocation of taxes. In addition, 57% of Ghanaians would like the religious organizations to enjoy their tax-exempt status despite allegation by critics that they are amassing wealth for themselves and not contributing to the development of Ghana. Some of the reasons given were that: churches are not profit-making businesses; churches contribute to the development of the nation; churches care for the people more than the government. Some of them concluded that failure to grant the church tax exemption may give room for the churches to engage in business activities. For those with the opposing view, some gave reasons such as: churches have become some sort of commerce; the churches have more money in this world; the payment of taxes by churches may as well boost the revenue of the government. Despite the various arguments, there was an agreement that the Ghana Revenue Authority should check the sales of rosaries, anointing oil, holy water, charge of consultation fees, as these should attract taxation. The paper recommends that Tax-Exempt Division should develop policies and administer tax exempt organizations (including religious organizations) laws. The division should be responsible for exempt organizations tax education and training to enable them understand their tax law obligations. This will improve tax compliance by the exempt organizations. (shrink)

According to Leininger, presentists and growing blockers cannot explain why past and present regularities persist in the future. In order to do so, they would have to appeal to enforcers, such as causation, laws or dispositions. But in a world with no future, these enforcers are powerless and cannot guarantee future regularity. I disagree and argue that Leininger’s coordination problem can be met by distinguishing type- from token-level necessitation. Whereas token-level necessitation is cross-temporal and subject to Leininger’s coordination problem, (...) type-level necessitation is atemporal and immune to the coordination problem. For this solution to work, though, type-level necessitation must be ontologically prior to token-level necessitation. This forces us to adopt a Platonist position according to which universals are transcendent, and not immanent. (shrink)

Background Retraction is a mechanism for alerting readers to unreliable material and other problems in the published scientific and scholarly record. Retracted publications generally remain visible and searchable, but the intention of retraction is to mark them as “removed” from the citable record of scholarship. However, in practice, some retracted articles continue to be treated by researchers and the public as valid content as they are often unaware of the retraction. Research over the past decade has identified a number of (...) factors contributing to the unintentional spread of retracted research. The goal of the Reducing the Inadvertent Spread of Retracted Science: Shaping a Research and Implementation Agenda (RISRS) project was to develop an actionable agenda for reducing the inadvertent spread of retracted science. This included identifying how retraction status could be more thoroughly disseminated, and determining what actions are feasible and relevant for particular stakeholders who play a role in the distribution of knowledge. -/- Methods These recommendations were developed as part of a year-long process that included a scoping review of empirical literature and successive rounds of stakeholder consultation, culminating in a three-part online workshop that brought together a diverse body of 65 stakeholders in October–November 2020 to engage in collaborative problem solving and dialogue. Stakeholders held roles such as publishers, editors, researchers, librarians, standards developers, funding program officers, and technologists and worked for institutions such as universities, governmental agencies, funding organizations, publishing houses, libraries, standards organizations, and technology providers. Workshop discussions were seeded by materials derived from stakeholder interviews (N = 47) and short original discussion pieces contributed by stakeholders. The online workshop resulted in a set of recommendations to address the complexities of retracted research throughout the scholarly communications ecosystem. -/- Results The RISRS recommendations are: (1) Develop a systematic cross-industry approach to ensure the public availability of consistent, standardized, interoperable, and timely information about retractions; (2) Recommend a taxonomy of retraction categories/classifications and corresponding retraction metadata that can be adopted by all stakeholders; (3) Develop best practices for coordinating the retraction process to enable timely, fair, unbiased outcomes; and (4) Educate stakeholders about pre- and post-publication stewardship, including retraction and correction of the scholarly record. -/- Conclusions Our stakeholder engagement study led to 4 recommendations to address inadvertent citation of retracted research, and formation of a working group to develop the Communication of Retractions, Removals, and Expressions of Concern (CORREC) Recommended Practice. Further work will be needed to determine how well retractions are currently documented, how retraction of code and datasets impacts related publications, and to identify if retraction metadata (fails to) propagate. Outcomes of all this work should lead to ensuring retracted papers are never cited without awareness of the retraction, and that, in public fora outside of science, retracted papers are not treated as valid scientific outputs. (shrink)

Did Plato intend the laws of the Laws to change? While most scholars agree that there is to be legal change in Magnesia, I contend that this issue has been clouded by confusing three distinct questions: (1) whether there are legal mechanisms for changing the law in Magnesia, (2) what the attitudes of Magnesian citizens towards innovation and legal change are, and (3) whether Plato thinks the law is always the ultimate political authority. Once we separate these issues and look (...) at the relevant texts more closely, we see that the Athenian Visitor is primarily concerned with supplementing the original lawgiver’s laws and that any innovation that occurs should be consistent with this lawcode. This does not settle the question about whether it is always right to act in accordance with the existing laws, though it does provide a valuable framework for understanding a central aspect of Platonic political philosophy. Thus, although Plato’s ideal places knowledge above the law, in practice the laws of Magnesia will be fixed and authoritative for those people living under them. (shrink)

The movement of people from one country to another in search of greener pasture, peaceful settlement and so on, has become very rampant in the world today. These same reasons have triggered internal migrations as well. Lives have been lost in the bid to circumvent immigration laws of countries by immigrants. The current spate of wars, political crises, natural disasters and hunger has led to increase in illegal migration in the world. Nigeria is not left out. We hear of boundary (...) clashes and insurgencies, which have resulted in illegal emigration to other countries basically in search of job opportunities and better living conditions. Nigerians have severally been repatriated from foreign lands. Recently, over five thousand Nigerians were repatriated from Libya. Nigeria has also played host to migrants from neighbouring countries, and has experienced internal migration in several parts of the country. The frequently asked questions are: “what role can religion play in curbing the spate of illegal migration and refugee crises in Cross River State, Nigeria? The research discovered that religion can be a veritable partner to government in resolving this ever-increasing menace that has become an embarrassment to the state and nation. This work adopted qualitative or explorative research method. It employed the content analysis approach in examining available printed materials on the subject matter. In view of its peculiarity, oral interviews were conducted on specific groups and individuals. This work proposes the involvement of religious organisations in preaching and teaching on the dangers of illegal migration, the provision of vocational training for our teaming youth population to reduce emigration, and the provision of counselling and resettlement programmes for the repatriated and those in refugee camps across the country. The work also encourages the government to evolve modalities to curb the spate of violence and bloodshed that has fuelled refugee crises in Cross River State and Nigeria in general. (shrink)

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)

This second part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage considers how the institution of marriage might evolve, if Kant’s reasons for defending monogamy are extended and applied to a future culture. After summarizing the philosophical framework for making cross-cultural ethical assessments that was introduced in Part I and then explaining Kant’s portrayal of marriage as an antidote to the objectifying tendencies of sex, I summarize Kant’s reasons (...) for rejecting polygamy and for viewing monogamy as the only ethically acceptable form of marriage. Finally, I argue that if we apply Kantian principles to the real situation of marriage in many modern cultures, and if we wish to maintain a legitimate place for marriage in the future evolution of human culture, then the future evolution of marriage laws must recognize polyfidelity (i.e., plural marriages for both men and women) as being just as legitimate as monogamy. (shrink)

This study analyzed the utilization of social media platforms and university students' attitudes towards academic activities in Cross River State. A descriptive survey research design was adopted for the study. The population of this study comprised all the private and public university students in Cross River State. A sample of 1,600 students, which cuts across the three universities in the area of study, was selected using the convenience sampling technique. A questionnaire (r=.849) and a rating scale (r=.786) were (...) used as the instruments for data collection. Findings emerged amongst others that the utilization status of social media platforms by university students is generally high; the utilization of Facebook, WhatsApp, Instagram, Twitter, WeChat, Skype, Snapchat, Eskimi, Telegram and YouTube social media platforms has a significant composite influence (F=52.453, p<.05) on university students' attitudes towards academic activities. Relatively, utilization of Facebook was the highest predictor (t=11.222, β=.232, p<.05), followed by the utilization of WhatsApp (t=11.068, β=.229, p<.05), utilization of Twitter (t=5.977, β=.118, p<.05), and the utilization of Instagram (t=2.772, β=.056, p<.05), in that order. It was recommended that secondary school students should develop positive attitudes towards their academic activities and abhor activities that will lead to a decline in the learning outcomes. (shrink)

In a world of ever growing specialization, the idea of a unity of science is commonly discarded, but cooperative work involving cross-disciplinary points of view is encouraged. The aim of this paper is to show with some textual support that Charles S. Peirce not only identified this paradoxical situation a century ago, but he also mapped out some paths for reaching a successful solution. A particular attention is paid to Peirce's classification of the sciences and to his conception of (...) science as a collective and cooperative activity of all those whose lives are animated by the desire to discover the truth. -/- . (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

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

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...) in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

Karl Popper discovered in 1938 that the unconditional probability of a conditional of the form ‘If A, then B’ normally exceeds the conditional probability of B given A, provided that ‘If A, then B’ is taken to mean the same as ‘Not (A and not B)’. So it was clear (but presumably only to him at that time) that the conditional probability of B given A cannot be reduced to the unconditional probability of the material conditional ‘If A, then B’. (...) I describe how this insight was developed in Popper’s writings and I add to this historical study a logical one, in which I compare laws of excess in Kolmogorov probability theory with laws of excess in Popper probability theory. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

For Humeans, many facts—even ones intuitively “about” particular, localized macroscopic parts of the world—turn out to depend on surprisingly global fundamental bases. We investigate some counterintuitive consequences of this picture. Many counterfactuals whose antecedents describe intuitively localized, non-actual states of affairs nevertheless end up involving wide-ranging implications for the global, embedding Humean mosaic. The case of self-undermining chances is a familiar example of this. We examine that example in detail and argue that popular existing strategies such as “holding the laws (...) fixed as laws” or “holding the laws fixed as true” are of no help. Interestingly, we show how a new proposal that draws on the resources of the Mentaculus can yield the right results—but only on the assumption that the Humean can make cross-world identifications. We go on to argue that the Humean cannot make such identifications. We conclude that the root of this trouble is deeper, and its reach broader, than the familiar cases suggest. We think it is very much an open question whether the Humean has sufficient resources to properly conceptualize macroscopic objects or to analyze these “local” counterfactuals. (shrink)

I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a good place. (...) My reactionary advice is to return to Hume and work on the central insights that motivated Humeanism about modality in the first place. When updated with contemporary insights, there we will find an attractive naturalistic theory of laws, or so I’ll argue, and along the way we’ll see how projectivism and systems theory both get something right about this overall theory. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or (...) feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...) the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

In this paper I will present a puzzle about visual appearance. There are certain necessary constraints on how things can visually appear. The puzzle is about how to explain them. I have no satisfying solution. My main thesis is simply that the puzzle is a puzzle. I will develop the puzzle as it arises for representationalism about experience because it is currently the most popular theory of experience and I think it is along the right lines. However, everyone faces a (...) form of the puzzle, including the naïve realist. In §1 I explain representationalism about experience. In §§2-3 I develop the puzzle and criticize a response due to Ned Block and Jeff Speaks and another response based on a novel form of representationalism (“sensa representationalism”). In §4 I argue that defenders of “perceptual confidence” (Morrison, Munton, my earlier self) face an instance of the puzzle. In §5 I suggest that everyone faces a form of the puzzle. (shrink)

The purposes of this paper are: (1) to present four theories of the nature of natural laws, (2) to show that only one of them is capable of adequately answering to Tooley’s Cases, and (3) indicate why these cases are relevant for our ontology. These purposes are important since the concept of “natural law” is used in many (if not all) realms of natural science and in many branches of philosophy; if Tooley’s cases are possible, they represent situations that must (...) be adequately described. If there is only one theory that can adequately describe such cases, there are strong reasons to prefer this theory over the other ones. (shrink)

We have a much better understanding of physics than we do of consciousness. I consider ways in which intrinsically mental aspects of fundamental ontology might induce modifications of the known laws of physics, or whether they could be relevant to accounting for consciousness if no such modifications exist. I suggest that our current knowledge of physics should make us skeptical of hypothetical modifications of the known rules, and that without such modifications it’s hard to imagine how intrinsically mental aspects could (...) play a useful explanatory role. Draft version of a paper submitted to Journal of Consciousness Studies, special issue responding to Philip Goff’s Galileo’s Error: Foundations for a New Science of Consciousness. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

The ”dark night of the soul’ is a common motif in Christian spiritual writing; and the locus classicus for this motif is the work of John of the Cross, a Spanish Carmelite friar of the sixteenth century. My aim in this paper is to use John’s account of the ”night’ to consider how the themes of mystery, humility and religious practice may be subsumed, and related to one another, within a Christian conception of God and of human life lived (...) out in relation to God. (shrink)

Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...) such connections, like this one, are general rather than particular. I call these general non-causal explanatory connections 'laws of metaphysics'. In this paper I argue that some of these laws are to be found in the world at its most fundamental level, forming a bridge between fundamental reality and everything else. It is only by admitting fundamental laws, I suggest, that we can do justice to the explanatory relationship between what is fundamental and what is not. And once these laws are admitted, we are able to provide a nice resolution of the puzzle of why there are any non-fundamental facts in the first place. (shrink)

Nobody doubts that culture plays a decisive role in understanding human forms of life. But it is unclear how this decisive role should be integrated into a comprehensive explanatory model of human behaviour that brings together naturalistic and social-scientific perspectives. Cultural difference, cultural learning, cultural determination do not mix well with the factors that are normally given full explanatory value in the more naturalistic approaches to the study of human behaviour. My purpose in this paper is to alert to some (...) of the theoretical vulnerabilities or concerns that the cross-cultural study of mind and behaviour might entail. I classify these theoretical concerns into three, loosely defined, categories: epistemological, ontological and ethical. The first have to do with what in anthropology was once labelled as ‘butterfly collecting’. What kind of supplementary, or additional, general theoretical knowledge do we produce when we add to the research different, particularistic, culturally determined, ways of knowing? Ontological concerns refer to the underlying reality that those ways of knowing are meant to disclose. If there are so many ways of knowing the world, where is the reality to be known? Ethical concerns are those entailed in the forms of ‘othering’ that unqualified cross-cultural research is likely to produce in research participants. (shrink)

Brian Cutter objected to the consequence argument due to its dependence on the principle that miracle workers are metaphysically impossible. A miracle worker is someone who has the ability to act in a way such that the laws of nature would be violated. While there is something to the thought that agents like us do not have this ability, Cutter claims that there is no compelling reason to regard miracle workers as metaphysically impossible. However, the paper contends that miracle workers (...) are indeed impossible according to well-known theories concerning the laws of nature. This result highlights the reliance of the consequence argument on a plausible premise, which is widely accepted by proponents of non-Humean views of laws. The paper also provides a way to explain away the intuition that miracle workers are possible, but this has the upshot that a recent, two-dimensional formulation of the consequence argument is unsound. (shrink)

In this paper I challenge Paolo Palmieri’s reading of the Mach-Vailati debate on Archimedes’s proof of the law of the lever. I argue that the actual import of the debate concerns the possible epistemic (as opposed to merely pragmatic) role of mathematical arguments in empirical physics, and that construed in this light Vailati carries the upper hand. This claim is defended by showing that Archimedes’s proof of the law of the lever is not a way of appealing to a non-empirical (...) source of information, but a way of explicating the mathematical structure that can represent the empirical information at our disposal in the most general way. (shrink)