Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded (...) that certain higher-level laws describing the behaviours of molecular compounds may be necessary due to their dependence on underlying physical laws, and that the modal status of laws of nature cannot be determined a priori, as the structural features of the substances and properties they govern must first be investigated. (shrink)

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

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. (...) On the other hand, ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

It is widely agreed that Aristotle holds that the best moral education involves habituation in the proper pleasures of virtuous action. But it is rarely acknowledged that Aristotle repeatedly emphasizes the social and political sources of good habits, and strongly suggests that the correct law‐ordained education in proper pleasures is very rare or non‐existent. A careful look at the Nicomachean Ethics along with parallel discussions in the Eudemian Ethics and Politics suggests that Aristotle divided public moral education or law‐ordained habituation (...) into two types. One type is a defective form practiced by the Spartans, producing civic courage and similar defective virtue‐ like states motivated by external incentives. By contrast Aristotle endorses the law‐ordained musical education described in Politics 8. The chapter argues that Aristotle considers the well‐habituated state of proper pleasures in virtue to be best cultivated by this kind of musical education; and that this explains both his emphasis on good laws and on their scarcity. (shrink)

Hume famously argues that the laws of nature provide us with decisive reason to believe that any testimony of a miracle is false. In this paper, I argue that the laws of nature, as such, give us no reason at all to believe that the testimony of a miracle is false. I first argue that Hume’s proof is unsuccessful if we assume the Humean view of laws, and then I argue that Hume’s proof is unsuccessful even if (...) we assume the governing view of laws. I conclude that regardless of which kind of view we adopt, the fact that a miracle is a violation of the laws of nature does not give us any reason to believe it did not happen. (shrink)

Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...) another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)

The puzzle of imaginative desire arises from the difficulty of accounting for the surprising behaviour of desire in imaginative activities such as our engagement with fiction and our games of pretend. Several philosophers have recently attempted to solve this puzzle by introducing a class of novel mental states—what they call desire-like imaginings or i-desires. In this paper, I argue that we should reject the i-desire solution to the puzzle of imaginative desire. The introduction of i-desires is both ontologically profligate and (...) unnecessary, and, most importantly, fails to make sense of what we are doing in the imaginative contexts in question. (shrink)

Recent advancements in the brain sciences have enabled researchers to determine, with increasing accuracy, patterns and locations of neural activation associated with various psychological functions. These techniques have revived a longstanding debate regarding the relation between the mind and the brain: while many authors claim that neuroscientific data can be employed to advance theories of higher cognition, others defend the so-called ‘autonomy’ of psychology. Settling this significant issue requires understanding the nature of the bridge laws used at the psycho-neural (...) interface. While these laws have been the topic of extensive discussion, such debates have mostly focused on a particular type of link: reductive laws. Reductive laws are problematic: they face notorious philosophical objections and they are too scarce to substantiate current research at the intersection of psychology and neuroscience. The aim of this article is to provide a systematic analysis of a different kind of bridge laws—associative laws—which play a central, albeit overlooked role in scientific practice. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Imagination has been assigned an important explanatory role in a multitude of philosophical contexts. This paper examines four such contexts: mindreading, pretense, our engagement with fiction, and modal epistemology. Close attention to each of these contexts suggests that the mental activity of imagining is considerably more heterogeneous than previously realized. In short, no single mental activity can do all the explanatory work that has been assigned to imagining.

We often talk of people as being more or less imaginative than one another – as being better or worse at imagining – and we also compare various feats of imagination to one another in terms of how easy or hard they are. Facts such as these might be taken to suggest that imagination is often implicitly understood as a skill. This implicit understanding, however, has rarely (if ever) been made explicit in the philosophical literature. Such is the task of (...) this chapter. I first attempt to flesh out several conditions for an activity to count as a skill. I then attempt to show how imagination can meet such conditions. The chapter concludes with an attempt to answer various worries that might be raised to the claim that imagination should be thought of as a skill. (shrink)

In the same way that some people are better jugglers than others, some people are better imaginers than others. But while it might be obvious what someone can do if they want to improve their juggling skills, it’s less obvious what someone can do to improve their imaginative skills. This chapter explores this issue and argues that engagement with fiction can play a key role in the development of one’s imaginative skills. The chapter proceeds in three parts. First, using work (...) by Martha Nussbaum as a launching pad, I develop arguments to show how literature helps to cultivate our capacities for one type of imagination in particular, namely, empathetic imagination. Second, I consider the empirical case for these claims. Third, I show how we can extend the argument connecting fiction and empathetic imagination to imagination more broadly. Not only can fiction provide us with practice with respect to empathetic imagination, but it can also provide us with practice with respect to other kinds of imagination as well. (shrink)

Underlying much current work in philosophy of imagination is the assumption that imagination is a skill. This assumption seems to entail not only that facility with imagining will vary from one person to another, but also that people can improve their own imaginative capacities and learn to be better imaginers. This paper takes up this issue. After showing why this is properly understood as a philosophical question, I discuss what it means to say that one imagining is better than another (...) and then discuss the kinds of imagination training and techniques that might be employed in an effort to get better at imagining. The discussion of these techniques draws insight from consideration of other skills-based activities, as well as from consideration of the creation of art and our engagement with literature and poetry. Over the course of this discussion, we also gain further insight into the nature of imagination. (shrink)

David Lewis has argued that “having an experience is the best way or perhaps the only way, of coming to know what that experience is like”; when an experience is of a sufficiently new sort, mere science lessons are not enough. Developing this Lewisian line, L.A. Paul has suggested that some experiences are epistemically transformative. Until an individual has such an experience it remains epistemically inaccessible to her. No amount of stories and theories and testimony from others can teach her (...) what it is like to have it, nor is she able to achieve this knowledge by way of imaginative projection. It’s this last claim that is the focus of this paper. In particular, I explore the case for the claim that some experiences are in principle imaginatively inaccessible to someone who has not undergone the experience itself or one relevantly similar. As I will suggest, this case is not as strong as is often thought. Close attention to the mechanisms of imagination, and in particular, to cases of skilled imaginers, suggests how techniques of imaginative scaffolding can sometimes be used to give us epistemic access to experiences we have not had, even ones that are radically different from any that we have had before. As a result, considerably fewer experiences remain imaginatively out of reach than proponents of transformative experience would have us believe. Experience may well be the best teacher, but this paper aims to show that imagination comes in a close second. (shrink)

According to representationalism, the phenomenal character of a mental state reduces to its intentional content. Although representationalism seems plausible with respect to ordinary perceptual states, it seems considerably less plausible for states like moods. Here the problem for representationalism arises largely because moods seem to lack intentional content altogether. In this paper, I explore several possible options for identifying the intentional content of moods and suggest that none of them is wholly satisfactory. Importantly, however, I go on to argue that (...) the plausibility of representationalism should not be seen to rest on the question of whether moods have intentional content but rather on the question of whether the intentional content of moods, were there any, would be sufficient to determine their phenomenal character. As I argue, even if we concede to the representationalist that moods have intentional content, their phenomenal character outstrips their intentional content; thus, the representationalist reduction cannot succeed. Ultimately, then, I conclude that moods do indeed pose a serious objection to the representationalist theory. (shrink)

What is consciousness and why is it so philosophically and scientifically puzzling? For many years philosophers approached this question assuming a standard physicalist framework on which consciousness can be explained by contemporary physics, biology, neuroscience, and cognitive science. This book is a debate between two philosophers who are united in their rejection of this kind of "standard" physicalism - but who differ sharply in what lesson to draw from this. Amy Kind defends dualism 2.0, a thoroughly modern version of dualism (...) (the theory that there are two fundamentally different kinds of things in the world: those that are physical and those that are mental) decoupled from any religious or non-scientific connotations. Daniel Stoljar defends non-standard physicalism, a kind of physicalism different from both the standard version and dualism 2.0. The book presents a cutting-edge assessment of the philosophy of consciousness and provides a glimpse at what the future study of this area might bring. (shrink)

Can one have imaginative access to experiential perspectives vastly different from one’s own? Can one successfully imagine what it’s like to live a life very different from one’s own? These questions are particularly pressing in contemporary society as we try to bridge racial, ethnic, and gender divides. Yet philosophers have often expressed considerable pessimism in this regard. It is often thought that the gulf between vastly different experiential perspectives cannot be bridged. This chapter explores the case for this pessimism. Though (...) the case is often less implicit, the chapter identifies two different arguments that can be found in the literature: the Epistemic Arrogance argument and the Too Big a Gulf argument. Both arguments are found to be considerably weaker than is usually thought. But even if the case for pessimism is unsuccessful, discussion of that case suggests the importance of treading carefully in taking up imaginative explorations of different experiential perspectives. The chapter thus concludes with a cautionary note in this regard. (shrink)

In this essay, the focus is not on what imagination is but rather on what it is like. Rather than exploring the various accounts of imagination on offer in the philosophical literature, we will instead be exploring the various accounts of imaginative experience on offer in that literature. In particular, our focus in what follows will be on three different sorts of accounts that have played an especially prominent role in philosophical thinking about these issues: the impoverishment view (often associated (...) with Hume), the will-dependence view (often associated with Wittgenstein), and the nonexistence view (often associated with Sartre). While there are important insights to be drawn from each of these views, each seems to me to be importantly flawed in various ways. As I will suggest, close examination reveals that none of them gives us an adequate account of the character of imaginative experience. Ultimately, in the final section of this paper, I briefly explore what their failure teaches us about the project of giving an account of imaginative experience. (shrink)

In The Matter of Consciousness, in the course of his extended discussion and defense of Frank Jackson’s famous knowledge argument, Torin Alter dismisses some objections on the grounds that they are cases of cheating. Though some opponents of the knowledge argument offer various scenarios in which Mary might come to know what seeing red is like while still in the room, Alter argues that the proposed scenarios are irrelevant. In his view, the Mary case is offered to defend the claim (...) that phenomenal facts cannot be a priori deduced from physical facts. Thus, a proposed scenario constitutes an objection to the knowledge argument only if it presents a case in which Mary’s learning inside the room comes about via a priori deduction from physical facts. Call this the deducibility standard. In what follows, I’ll explore a series of relevant cases in an effort to clarify this standard. Doing so enables us to better understand how cheating should be assessed in this context and thereby also to get clearer on the argumentative dialectic surrounding the Mary case. (shrink)

The relationship between the phenomenology of imagination and the phenomenology of memory is an interestingly complicated one. On the one hand, there seem to be important similarities between the two, and there are even occasions in which we mistake an imagining for a memory or vice versa. On the other hand, there seem to be important differences between the two, and we can typically tell them apart. This paper explores various attempts to delineate a phenomenological marker differentiating imagination and memory, (...) with a special focus on two proposed markers that have generated considerable philosophical discussion: the feeling of pastness and the feeling of familiarity. As we will find, neither of them proves to be up to the task at hand. However, by way of a deeper exploration of the feeling of familiarity, we are able to tease out some important morals for efforts to differentiate imagination and memory on phenomenological grounds and, more generally, for efforts to engage in a descriptive phenomenological enterprise. (shrink)

From the perspective of many philosophers of mind in these early years of the 21st Century, the debate between dualism and physicalism has seemed to have stalled, if not to have come to a complete standstill. There seems to be no way to settle the basic clash of intuitions that underlies it. Recently however, a growing number of proponents of Russellian monism have suggested that their view promises to show us a new way forward. Insofar as Russellian monism might allow (...) us to break out of the current gridlock, it's no wonder that it's become "hot stuff." To my mind, however, the excitement about Russellian monism is misplaced. Though some version of Russellian monism might well be true, I do not believe that it enables us to break free of the dualism/physicalism divide. As I will argue, once we properly understand what's required to flesh out an adequate monistic story, we will see that we are in an important way right back where we started. (shrink)

One common response to the knowledge argument is the ability hypothesis. Proponents of the ability hypothesis accept that Mary learns what seeing red is like when she exits her black-and-white room, but they deny that the kind of knowledge she gains is propositional in nature. Rather, she acquires a cluster of abilities that she previously lacked, in particular, the abilities to recognize, remember, and imagine the color red. For proponents of the ability hypothesis, knowing what an experience is like simply (...) consists in the possession of these abilities. Criticisms of the ability hypothesis tend to focus on this last claim. Such critics tend to accept that Mary gains these abilities when she leaves the room, but they deny that such abilities constitute knowledge of what an experience is like. To my mind, however, this critical strategy grants too much. Focusing specifically on imaginative ability, I argue that Mary does not gain this ability when she leaves the room for she already had the ability to imagine red while she was inside it. Moreover, despite what some have thought, the ability hypothesis cannot be easily rescued by recasting it in terms of a more restrictive imaginative ability. My purpose here is not to take sides in the debate about physicalism, i.e., my criticism of the ability hypothesis is not offered in an attempt to defend the anti-physicalist conclusion of the knowledge argument. Rather, my purpose is to redeem the imagination from the misleading picture of it that discussion of the knowledge argument has fostered. (shrink)

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

Our ordinary conception of imagination takes it to be essentially a conscious phenomenon, and traditionally that’s how it had been treated in the philosophical literature. In fact, this claim had often been taken to be so obvious as not to need any argumentative support. But lately in the philosophical literature on imagination we see increasing support for the view that imagining need not occur consciously. In this paper, I examine the case for unconscious imagination. I’ll consider four different arguments that (...) we can find in the recent literature—three of which are based on cases and one that is based on considerations relating to action guidance. To my mind, none of these arguments is successful. I conclude that the case for postulating unconscious imagining has not yet been well motivated. (shrink)

Work in philosophy of mind often engages in descriptive phenomenology, i.e., in attempts to characterize the phenomenal character of our experience. Nagel’s famous discussion of what it’s like to be a bat demonstrates the difficulty of this enterprise (1974). But while Nagel located the difficulty in our absence of an objective vocabulary for describing experience, I argue that the problem runs deeper than that: we also lack an adequate subjective vocabulary for describing phenomenology. We struggle to describe our own phenomenal (...) states in terms we ourselves find adequately expressive. This paper aims to flesh out why our phenomenological vocabulary is so impoverished – what I call the impoverishment problem. As I suggest, this problem has both practical and philosophical import. After fleshing out the problem in more detail, I draw some suggestive morals from the discussion in an effort to point the way forward towards a solution. (shrink)

How are we to understand the phenomenology of imagining? Attempts to answer this question often invoke descriptors concerning the “vivacity” or “vividness” of our imaginative states. Not only are particular imaginings often phenomenologically compared and contrasted with other imaginings on grounds of how vivid they are, but such imaginings are also often compared and contrasted with perceptions and memories on similar grounds. Yet however natural it may be to use “vividness” and cognate terms in discussions of imagination, it does not (...) take much reflection to see that these terms are ill understood. In this paper, I review both some relevant empirical literature as well as the philosophical literature attempt to get a handle on what it could mean, in an imaginative context, to talk of vividness. As I suggest, this notion ultimately proves to be so problematic as to be philosophically untenable. (shrink)

Among the many commonalities between memory and imagination is the fact that they can both be understood as skills. In this chapter, I aim to draw out some connections between the skill of memory and the skill of imagination in an effort to learn something about the nature of these activities and the connection between them. I start by considering the ways that one might work to cultivate these skills in the hope that we could learn something about imagination training (...) by reflection on memory training and vice versa. Interestingly, however, an initial look at the empirical research on the respective training regimens does not show much potential for this kind of crossover. Though there are some commonalities that can be found across the training regimens, these commonalities are nothing special over and above the kinds of commonalities one might find in training regimens for skills of any sort. Fortunately, however, the matter does not end there. When we think more deeply about the details of some of the training regimens for memory, we discover some important connections between the skill of memory and the skill of imagination. In particular, I argue that the two skills turn out to be interestingly intertwined. (shrink)

Traditionally, imagination has been considered to be a primitive mental state type (or group of types), irreducible to other mental state types. In particular, it has been thought to be distinct from other mental states such as belief, perception, and memory, among others. Recently, however, the category of imagination has come under attack, with challenges emerging from a multitude of different directions. Some philosophers have argued that we should not recognize belief and imagination as distinct states but rather on a (...) continuum, whereas other philosophers have argued something similar with respect to belief and memory. And some philosophers have suggested that we can reduce imagination to other mental states, whether mental imagery, belief, supposition, or some combination. In this paper, I address some of these challenges in an attempt to show we need to maintain imagination as a distinct – and indeed, robust – category in our taxonomy of mind. (shrink)

The vast advances in biometrics over the past several decades have brought with them a host of pressing concerns. Philosophical scrutiny has already been devoted to many of the relevant ethical and political issues, especially ones arising from matters of privacy, bias, and security in data collection. But philosophers have devoted surprisingly little attention to the relevant metaphysical issues, in particular, ones concerning matters of personal identity. This paper aims to take some initial steps to correct this oversight. After discussing (...) the philosophical problem of personal identity, the ways in which the notion of biometric identity connects with, or fails to connect with, the philosophical notion of personal identity is explored. Though there may be some good reasons to use biometric identity to track personal identity, it is contended that biometric identity is not the same thing as personal identity and thus that biometrics researchers should stop talking as if it were. (shrink)

Philosophers in the Western tradition have both theorized about imagination and used imagination in their theorizing about other matters. In this chapter, I first provide a brief overview of philosophical theorizing about imagination with a special focus on its relation to other mental states such as belief and perception. I then turn to a discussion of the methodological role that imagination has played in philosophy. I here focus on the imaginability principle, i.e., the claim that the imaginability of a given (...) scenario entails that such a scenario is in some sense possible. Relying on this kind of principle, philosophers have used imagination to justify theories in domains such as philosophy of mind, metaphysics and ethics. (shrink)

In his 1950 paper “Computing Machinery and Intelligence,” Alan Turing proposed that we can determine whether a machine thinks by considering whether it can win at a simple imitation game. A neutral questioner communicates with two different systems – one a machine and a human being – without knowing which is which. If after some reasonable amount of time the machine is able to fool the questioner into identifying it as the human, the machine wins the game, and we should (...) conclude that it thinks. This imitation game, now known as the Turing Test, has been much discussed by philosophers of mind, and for more than half a century now there has been considerable debate about whether it is an adequate test for thinking. But what has not been much discussed are the sexed presuppositions underlying the test. Too often forgotten in the philosophical discussion is the fact that Turing’s imitation game is modeled on an imitation game in which a neutral questioner communicates with two different humans – one a man and one a woman – without knowing which is which. In this original imitation game, the man wins the game if he is able to fool the questioner into identifying him as the woman. In this paper, I explore the implications of this set-up. As I argue, the fact that the Turing test was modeled on a man/woman imitation game seems to have led us astray in various ways in our attempt to conduct an effective investigation and assessment of computer intelligence. (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 (...) class='Hi'>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)

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a (...) problem for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (shrink)

In this article, I argue that depression and suicide are natural kinds insofar as they are classes of abnormal behavior underwritten by sets of stable biological mechanisms. In particular, depression and suicide are neurobiological kinds characterized by disturbances in serotonin functioning that affect various brain areas (i.e., the amygdala, anterior cingulate, prefrontal cortex, and hippocampus). The significance of this argument is that the natural (biological) basis of depression and suicide allows for reliable projectable inferences (i.e., predictions) to be (...) made about individual members of a kind. In the context of assisted suicide, inferences about the decision-making capacity of depressed individuals seeking physician-assisted suicide are of special interest. I examine evidence that depression can hamper the decision-making capacity of individuals seeking assisted suicide and discuss some implications. (shrink)

As we await the increasingly likely advent of genuinely intelligent artificial systems, a fair amount of consideration has been given to how we humans will interact with them. Less consideration has been given to how—indeed if—we humans will love them. What would human-AI romantic relationships look like? What do such relationships tell us about the nature of love? This chapter explores these questions via consideration of several works of science fiction, focusing especially on the Black Mirror episode “Be Right Back” (...) and the Spike Jonze's movie *Her*. As I suggest, there may well be cases where it is both possible and appropriate for a human to fall in love with a machine. (shrink)

This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law, unlike (...) morality, is a concept-dependent social kind, in the sense that law cannot exist in a society without someone in that society having the concept of law. Since the existence of the social kind law is largely dependent on the existence of the corresponding concept, when different actors have different concepts, they can end up creating different kinds. Hence, the difference between positivists and nonpositivists is not just a conceptual one but is capable of giving rise to different legal norms. (shrink)

One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a ‘contradiction in the (...) will’ when subjected to the two-fold test associated with the FUL. This result is thought to imply that the FUL allows us sometimes to kill for the sake of convenience. In this essay, I argue that the very diagnosis of the problem rests on a mistake, and that if the maxim of convenience killing generates a contradiction in the will, then acting on it is never permissible. (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)

Humeanism about laws of nature — the view that the laws reduce to the Humean mosaic — is a popular view, but currently existing versions face powerful objections. The non-supervenience objection, the non-fundamentality objection and the explanatory circularity objection have all been thought to cause problems for the Humean. However, these objections share a guiding thought — they are all based on the idea that there is a certain kind of divergence between the practice of science and the (...) metaphysical picture suggested by Humeanism. -/- I suggest that the Humean can respond to these objections not by rejecting this divergence, but by arguing that is appropriate. In particular the Humean can, in the spirit of Loewer (2012), distinguish between scientific and metaphysical explanation — this is motivated by differing aims of explanation in science and metaphysics. And they can further leverage this into distinctions between scientific and metaphysical fundamentality and scientific and metaphysical possibility. We can use these distinctions to respond to the objections that the Humean faces. (shrink)

According to the sensorimotor account, vision does not imply theconstruction of internally generated representations of the environment, butit isthe skillful exercise of the sensorimotor contingencies obeying sense-specific laws. In this short study, I focus on the notion of “sensorimotor law” and characterize the kind of explanation providedby the sensorimotor theory as a form of covering law model. I then question the nature of such sensorimotor laws and describe them as mechanisms. I show that a mechanistic interpretation provides a (...) better account of the sensorimotor invariances, which fosters us to rebalance the explanatory burden of sensorimotor action and information. Finally, I show that the question of the roleof representations within the sensorimotor theory should be reconsidered. (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)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 31, Number 1, April 2005, pp. 123-144 Laws Not Men: Hume's Distinction between Barbarous and Civilized Government NEIL McARTHUR 1. Introduction Hume uses the adjectives "civilized" and "barbarous" in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development (...) are intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before "refinements have taken place" in the society at large and "science [becomes] known in the world." At the same time, the policy of a monarch who is "ignorant and uninstructed... for ever prevents all improvements."1 This intimate connection, however, is not an identification. A civilized government is not simply that which produces, or results from, a civilized society. When discussing forms of government, Hume uses the terms "barbarous" and "civilized" consistently and somewhat narrowly, to describe governments that possess certain specific characteristics. It is striking that these characteristics are explicitly divorced from the abilities or characters of the rulers. While a nation requires wise and refined leadership to achieve its civilized status, Hume thinks it is a crucial feature of civilized government that, once established, it depends Neil McArthur is at the University of Manitoba, Winnipeg, Manitoba R3T 2M8, Canada, e-mail: [email protected] 124 Neil McArthur entirely on its institutional structure, and not on the talents or intentions of any individual or group. To understand Hume's distinction between these two kinds of government, it is useful to abstract away from his discussion of more general issues of cultural development, and to lay temporarily aside the causal question of what social and economic conditions are necessary to produce a civilized government. I propose to explain Hume's concepts of barbarous and civilized government just in terms of the institutional characteristics possessed by each. Hume's choice of adjectives is not, of course, accidental. The complex causal questions of how a civilized government comes about, and what is its relation to civilized society, are large and important ones. However, 1 do not propose to take them up here.2 The crucial feature dividing civilized and barbarous government is their relation to law. In his essay "Of Civil Liberty" Hume says: "It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men."3 "Barbarous government" are thus "governments of men"—he also calls them governments "of will."4 Scholars of Hume's political theory have noted the importance of the rule of law in defining "civilized government. "5 However, they have not made clear precisely what Hume thinks precisely defines a "government of laws. " I submit that such a government must (for Hume) possess three characteristics. It must have: 1. A clear separation between the legislative and magisterial "powers" of the state; 2. A rigid subordination of the magisterial to the legislative power, such that the "discretion" of magistrates is restricted by "general laws"; 3. Self-sufficient laws and institutions, such that they are able to operate regardless of the intentions or abilities of individual rulers or officeholders. To this end, a government of laws must possess fixed rules governing the succession of officers, including (in a civilized monarchy) succession to the throne. Hume thinks specific governments may meet these criteria to varying degrees through time (with regression also possible). His use of the term "civilized government" nevertheless implies that it exists as a distinct, and achievable, ideal. An examination of Hume's theory of civilized government shows his understanding of the rule of law to be more subtle and complex than has previously been acknowledged. Hume moves beyond traditional Whig panegyrics on the rule of show to show how the law must operate if it is to protect people from oppression in the local theatres in which it is most acute. He articulates a theory of "civilized monarchy" that provides a middle path between republican and absolutist theories of government, and that is consistent his philosophy as a whole. Hume Studies Laws... (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)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using the (...) word "responsibility" are particularly important since they are usually either ignored or inadequately separated from descriptive contexts. Roman Ingarden's views were supplemented by Alf Ross's aspects of responsibility. As a result, the elementary ways of understanding responsibility have been reconstructed; they are the basis for reflections on moral responsibility as well as legal responsibility. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (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)

An influential position in the philosophy of biology claims that there are no biological laws, since any apparently biological generalization is either too accidental, fact-like or contingent to be named a law, or is simply reducible to physical laws that regulate electrical and chemical interactions taking place between merely physical systems. In the following I will stress a neglected aspect of the debate that emerges directly from the growing importance of mathematical models of biological phenomena. My main aim (...) is to defend, as well as reinforce, the view that there are indeed laws also in biology, and that their difference in stability, contingency or resilience with respect to physical laws is one of degrees, and not of kind . (shrink)

The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (4) (...) whether there can be antinomies (contradictions) between them. If there are an- tinomies, it is asked (5) whether the antinomies are only apparent (prima facie) and are therefore mistakes of human reason, or are definite and real. If the antinomies are apparent or real, it is asked (6) whether law or morality prevails (or should prevail) in the case of an antinomy. If one of these prevails, it is asked (7) whether this is always so, or whether law sometimes prevails (and should prevail) over morality and vice versa. In the case of existing coherence or at least solvable antinomies between law and morality, it is asked (8) whether the consequent achieved unity of practical reason is a specifically moral unity and whether it is a matter of cognition, of institutionalization, of individual or collective construction, or of consensus. (shrink)