In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general (...) philosophy (specifically analytic metaphysics) over the last twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the (...) artifactuality involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (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)

The convergence of humans and artificial intelligence (AI) systems introduces new dynamics into the cultural and intellectual landscape. Complementing emerging cultural evolution concepts such as machine culture, AI agents represent a significant techno-sociological development, particularly within the anthropological study of Web3 as a community focused on decentralization through blockchain. Despite their growing presence, the cultural significance of AI agents remains largely unexplored in academic literature. Toward this end, we conceived hybrid netnography, a novel interdisciplinary approach that examines the cultural and (...) intellectual dynamics within digital ecosystems by analyzing the interactions and contributions of both human and AI agents as co-participants in shaping narratives, ideas, and cultural artifacts. We argue that, within the Web3 community on the social media platform X, these agents challenge traditional notions of participation and influence in public discourse, creating a “hybrid marketplace of ideas”—a conceptual space where human- and AI-generated ideas coexist and compete for attention. We examine the current state of AI agents in idea generation, propagation, and engagement, positioning their role as cultural agents through the lens of memetics and encouraging further inquiry into their cultural and societal impact. Additionally, we address the implications of this paradigm for privacy, intellectual property, and governance, highlighting the societal and legal challenges of integrating AI agents into the hybrid marketplace of ideas. (shrink)

Philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2010; Palermos 2014) have recently become increasingly receptive tothe hypothesis of extended cognition, according to which external artifacts such as our laptops and smartphones can—under appropriate circumstances—feature as material realisers of a person’s cognitive processes. We argue that, to the extent that the hypothesis of extended cognition is correct, our legal and ethical theorising and practice must be updated, by broadening our conception of personal assault so (...) as to include intentional harm towards gadgets that have been appropriately integrated. We next situate the theoretical case for extended personal assault within the context of some recent ethical and legal cases and close with some critical discussion. (shrink)

A philosophical exploration is presented that considers entities such as atoms, electrons, protons, reasoned (in existing physics theories) by induction, to be other than universal building blocks, but artifacts of a sociological struggle that in elemental description is identical with that of all processes of matter and energy. In a universal context both men and materials, when stressed, struggle to accomplish/maintain the free state. The space occupied by cognition, inferred to be the result of the inequality of spaces, is (...) an integral component of both processes and process interpretation; arbitration space, ubiquitous throughout nature, occurred to a vast number of vastnesses, a manifestation of the existence of time dependent mass/number/amount, is argued to be located to the same judging criteria with which principles are determined for sociological purposes: the processes of mind are determined (excuse the pun) to occur as a free state that is reflectively equal to what is construed by the intellect as universe. Scientifically determined states are not free states. (shrink)

The Found and the Made: science, reason, and the reality of nature is a critical study of the role of abstraction and mathematical modeling in science, and how these affect the relationship of science and society to nature. This is a précis of the book, which questions the bias inherited from our religious and classical roots: that physical reality must be well defined, passive, and inert—a matter of divine or human specification. Determinism, time-reversibility, and isolated systems are persisting artifacts (...) of such a view, along with the notion that nature can be definitively grasped in a ‘theory of everything.’ However, if nature is autonomous in the way that organisms are (and mechanisms are not) it can be expected to self-organize in ways that elude mechanist treatment. Science could advance by taking a more self-reflective stance, acknowledging its role as a form of human cognition and examining the role of its practices and tacit assumptions in producing knowledge. Specifically, it could extend concepts of agency to non-living systems, in order to better explore self-organization in the cosmos at large. Such a shift in thinking might encourage society to extend to nature its natural legal rights. -/- . (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

In this paper I critically evaluate the value neutrality thesis regarding technology, and find it wanting. I then introduce the various ways in which artifacts can come to influence moral value, and our evaluation of moral situations and actions. Here, following van de Poel and Kroes, I introduce the idea of value sensitive design. Specifically, I show how by virtue of their designed properties, artifacts may come to embody values. Such accounts, however, have several shortcomings. In agreement with (...) Michael Klenk, I raise epistemic and metaphysical issues with respect to designed properties embodying value. The concept of an affordance, borrowed from ecological psychology, provides a more philosophically fruitful grounding to the potential way(s) in which artifacts might embody values. This is due to the way in which it incorporates key insights from perception more generally, and how we go about determining possibilities for action in our environment specifically. The affordance account as it is presented by Klenk, however, is insufficient. I therefore argue that we understand affordances based on whether they are meaningful, and, secondly, that we grade them based on their force. (shrink)

I defend the intention-dependence of artifacts, which says that something is an artifact of kind K only if it is the successful product of an intention to make an artifact of kind K. I consider objections from two directions. First, that artifacts are often mind- and intention-dependent, but that this isn’t necessary, as shown by swamp cases. I offer various error theories for why someone would have artifact intuitions in such cases. Second, that while artifacts are necessarily (...) mind-dependent, they aren’t necessarily intention-dependent. I consider and reject three kinds of cases which purport to show this: accidental creation, automated production, and mass production. I argue that intentions are present in all of these cases, but not where we would normally expect. (shrink)

Amie Thomasson’s Easy Ontology program is influential and attractive, but faces criticism for being too easy in a way that undercuts its realism by failing to recognize objects which don’t fall under known kinds and generating spurious and duplicative objects by mere conceptual engineering. We suggest that restricting the Easy Ontology program to artifacts avoids these difficulties. We also propose an Easy Ontology-inspired analysis of artifact which cuts through the major extant objections to existing analyses. As Thomasson suggests, our (...) special authorial role with regard to artifacts grants us privileged knowledge of them, which both disarms objections to Easy Ontology and allows a very easy ontology for artifacts. Easy Ontology and artifacts are made for each other. (shrink)

How do people decide what category an artifact belongs to? Previous studies have suggested that adults and, to some degree, children, categorize artifacts in accordance with the design stance, a categorization system which privileges the designer’s original intent in making categorization judgments. However, these studies have all been conducted in Western, technologically advanced societies, where artifacts are mass produced. In this study, we examined intuitions about artifact categorization among the Shuar, a hunter-horticulturalist society in the Amazon region of (...) Ecuador. We used a forced-choice method similar to previous studies, but unlike these studies, our scenarios involved artifacts that would be familiar to the Shuar. We also incorporated a community condition to examine the possible effect of community consensus on how artifacts are categorized. The same scenarios were presented to university student participants in the UK. Across populations and conditions, participants tended to categorize artifacts in terms of a creator’s intent as opposed to a differing current use. This lends support to the view that the design stance may be a universal feature of human cognition. However, we conclude with some thoughts on the limitations of the present method for studying artifact concepts. (shrink)

How do artifacts get their functions? It is typically thought that an artifact’s function depends on its maker’s intentions. This chapter argues that this common understanding is fatally flawed. Nor can artifact function be understood in terms of current uses or capacities. Instead, it proposes that we understand artifact function on the etiological model that Ruth Millikan and others have proposed for the biological realm. This model offers a robustly normative conception of function, but it does so naturalistically by (...) employing our best scientific theories, in particular natural selection. To help make this case, it proposes “living artifacts” (organisms designed for human purposes through artificial selection) as a bridge between the artifactual and the biological realms. (shrink)

The goal of this paper is to develop a systematic taxonomy of cognitive artifacts, i.e., human-made, physical objects that functionally contribute to performing a cognitive task. First, I identify the target domain by conceptualizing the category of cognitive artifacts as a functional kind: a kind of artifact that is defined purely by its function. Next, on the basis of their informational properties, I develop a set of related subcategories in which cognitive artifacts with similar properties can be (...) grouped. In this taxonomy, I distinguish between three taxa, those of family, genus, and species. The family includes all cognitive artifacts without further specifying their informational properties. Two genera are then distinguished: representational and non-representational (or ecological) cognitive artifacts. These genera are further divided into species. In case of representational artifacts, these species are iconic, indexical, or symbolic. In case of ecological artifacts, these species are spatial or structural. Within species, token artifacts are identified. The proposed taxonomy is an important first step towards a better understanding of the range and variety of cognitive artifacts and is a helpful point of departure, both for conceptualizing how different artifacts augment or impair cognitive performance and how they transform and are integrated into our cognitive system and practices. (shrink)

Fiat objects may come into existence by intentional explicit defnition and convention or they can be the result of some spontaneous and unintentional activity resulting in tracing fat spatial boundaries. Artifacts and fiat objects seem intuitively to be correlated: both artifacts and fiat objects depend for their existence on agents and their intentions. Is it possible to consider fiat objects as artifacts and to what extent? Or else can we conceive at least some artifacts as fiat (...) objects? In order to draw a map of the possible answers to these two questions we will take into account various defnitions of artifacts stemming from the two classical approaches: the intentional and the functional one. (shrink)

People attribute purposes in both mundane and profound ways—such as when thinking about the purpose of a knife and the purpose of a life. In three studies (total N = 13,720 observations from N = 3,430 participants), we tested whether these seemingly very different forms of purpose attributions might actually involve the same cognitive processes. We examined the impacts of four factors on purpose attributions in six domains (artifacts, social institutions, animals, body parts, sacred objects, and human lives). Study (...) 1 manipulated what items in each domain were originally created for (original design) and how people currently use them (present practice). Study 2 manipulated whether items are good at achieving a goal (effectiveness) and whether the goal itself is good (morality). We found effects of each factor in every domain. However, whereas morality and effectiveness had remarkably similar effects across domains, the effects of original design and present practice differed substantially. Finally, Study 3 revealed that, within domains, the effects of original design and present practice depend on which entities design and use items. These results reveal striking similarities in purpose attributions across domains and suggest that certain entities are treated as authorities over the purposes of particular items. (shrink)

While the term “reactivity” has come to be associated with specific phenomena in the social sciences, having to do with subjects’ awareness of being studied, this paper takes a broader stance on this concept. I argue that reactivity is a ubiquitous feature of the psychological subject matter and that this fact is a precondition of experimental research, while also posing potential problems for the experimenter. The latter are connected to the worry about distorted data and experimental artifacts. But what (...) are experimental artifacts and what is the most productive way of dealing with them? In this paper, I approach these questions by exploring the ways in which experimenters in psychology simultaneously exploit and suppress the reactivity of their subject matter in order to produce experimental data that speak to the question or subject matter at hand. Highlighting the artificiality of experimental data, I raise the question of what distinguishes a genuine experimental result from an experimental artifact. My analysis construes experimental results as the outcomes of inferences from the data that take material background assumptions as auxiliary premises. Artifacts occur when one or more of these background assumptions are false, such that the data do not reliably serve the purposes they were generated for. I conclude by laying out the ways in which my analysis of data quality is relevant to, and informed by, recent debates about the replicability of experimental results. (shrink)

We extend Langdon Winner's idea that artifacts have politics into the realm of mathematics. To do so, we first provide a list of examples showing the existence of mathematical artifacts that have politics. In the second step, we provide an argument that shows that all mathematical artifacts have politics. We conclude by showing the implications for embedding ethics into mathematical curricula. We show how acknowledging that mathematical artifacts have politics can help mathematicians design better exercises for (...) their mathematics students. (shrink)

Abstract In this paper I criticise a recent account of fictional discourse proposed by Nathan Salmon. Salmon invokes abstract artifacts as the referents of fictional names in both object- and meta-fictional discourse alike. He then invokes a theory of pretence to forge the requisite connection between object-fictional sentences and meta-fictional sentences, in virtue of which the latter can be assigned appropriate truth-values. I argue that Salmon's account of pretence renders his appeal to abstract artifacts as the referents of (...) fictional names in object-fictional discourse explanatorily redundant. I further argue that his account is therefore no improvement over those he criticises, thus leaving his own account unmotivated. (shrink)

Truth in a correspondence sense is objective in two ways. It is objective because the relation of correspondence is objective and because the facts to which truths correspond are objective. Truth about artifacts is problematic because artifacts are intentionally designed to perform certain functions, and so are not entirely mind independent. Against this, it is argued in this paper that truth about artifacts is perfectly objective despite the role played by intention and purpose in the production of (...) artifacts. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...) multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Artifacts are ubiquitous and influential in our world, but their nature and existence are controversial. Several theories have been proposed to explain the ontology of artifacts. Drawing on Popper's theory of three worlds, this paper suggests a metaphysics for artifacts along the line of a critical rationalist (CR) approach. This theory distinguishes between three realms of reality: the physical world (World 1), the mental world (World 2), and the world of objective knowledge (World 3). The paper argues (...) that artifacts have different ontological components that correspond to these three realms, and that each component is real and causal. The paper shows how this perspective can account for the intentional and functional aspects of artifacts, as well as their dependence on plans that influence different realms of reality. The paper explains how this pluralistic ontology, compared to the rival theories, enables one to explain the relevant ontological problems of artifacts. The paper also explores how this proposal can lead to a research program encompassing a broader range of technologies, such as social artifacts. In sum, the paper suggests that Popper's three worlds theory provides a rich and comprehensive framework for understanding the metaphysics of artifacts. (shrink)

The epistemic value of models has traditionally been approached from a representational perspective. This paper argues that the artifactual approach evades the problem of accounting for representation and better accommodates the modal dimension of modeling. From an artifactual perspective, models are viewed as erotetic vehicles constrained by their construction and available representational tools. The modal dimension of modeling is approached through two case studies. The first portrays mathematical modeling in economics, while the other discusses the modeling practice of synthetic biology, (...) which exploits and combines models in various modes and media. Neither model intends to represent any actual target system. Rather, they are constructed to study possible mechanisms through the construction of a model system with built-in dependencies. (shrink)

The primary goal of this essay is to provide a comprehensive overview and analysis of the various relations between material artifacts and the embodied mind. A secondary goal of this essay is to identify some of the trends in the design and use of artifacts. First, based on their functional properties, I identify four categories of artifacts co-opted by the embodied mind, namely (1) embodied artifacts, (2) perceptual artifacts, (3) cognitive artifacts, and (4) affective (...) artifacts. These categories can overlap and so some artifacts are members of more than one category. I also identify some of the techniques (or skills) we use when interacting with artifacts. Identifying these categories of artifacts and techniques allows us to map the landscape of relations between embodied minds and the artifactual world. Second, having identified categories of artifacts and techniques, this essay then outlines some of the trends in the design and use of artifacts, focussing on neuroprosthetics, brain-computer interfaces, and personalisation algorithms nudging their users towards particular epistemic paths of information consumption. (shrink)

The aim of this paper is to defend a theory of artifacts based on the concept of field of action, as an alternative to functional, intentional and double-nature theories. The proposed theory is realistic about the existence of entities that are artifacts, and praxiological about the nature of such entities. The basis of the theory is the concept of action; from this concept, the concepts of field of action and participants in a field of action, namely, agents and (...) objects, are introduced. An artifact is defined as an object that has a part and role in the achievement of an action. (shrink)

This article looks at some of the metaphysical properties of cognitive artefacts. It first identifies and demarcates the target domain by conceptualizing this class of artefacts as a functional kind. Building on the work of Beth Preston, a pluralist notion of functional kind is developed, one that includes artefacts with proper functions and system functions. Those with proper functions have a history of cultural selection, whereas those with system functions are improvised uses of initially non-cognitive artefacts. Having identified the target (...) domain, it then briefly looks at the multiple usability of physical structures and the multiple realizability of cognitive function. Further developing insights from the “dual nature of artefacts thesis”, the article ends with conceptualizing the structure–function relations of cognitive artefacts. More specifically, it unpacks the relation between physical structure, representational structure, information, and cognitive function. (shrink)

An annotated bibliography of legal epistemology.

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official (...) mistake as a way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Much recent discussion has focused on the nature of artifacts, particularly on whether artifacts have essences. While the general consensus is that artifacts are at least intention-dependent, an equally common view is function essentialism about artifacts, the view that artifacts are essentially functional objects and that membership in an artifact kind is determined by a particular, shared function. This paper argues that function essentialism about artifacts is false. First, the two component conditions of function (...) essentialism are given a clear and precise formulation, after which counterexamples are offered to each. Second, ways to handle the counterexamples suggested by Randall Dipert and Simon Evnine are considered and rejected. Third, I then consider the prospects for restricting function essentialism to so-called technical artifacts, as Lynne Baker does, and argue that this, too, fails. This paper thereby consolidates the scattered literature on function essentialism and shows that, despite the seeming plausibility of the thesis, it should be rejected as an account of artifact essences. (shrink)

Amongst other things, this paper argues that a kind of anthropology, referred to by Strathern as modernist anthropology, has no reason to refer to artifacts except as illustrations. They are merely useful examples to illustrate information the anthropologist has provided about a given social/cultural context, e.g. to illustrate a worldview.

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. (...) The second form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a (...) class='Hi'>legal requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

AI-based technologies are increasingly pervasive in a number of contexts. Our affective and emotional life makes no exception. In this article, we analyze one way in which AI-based technologies can affect them. In particular, our investigation will focus on affective artificial agents, namely AI-powered software or robotic agents designed to interact with us in affectively salient ways. We build upon the existing literature on affective artifacts with the aim of providing an original analysis of affective artificial agents and their (...) distinctive features. We argue that, unlike comparatively low-tech affective artifacts, affective artificial agents display a specific form of agency, which prevents them from being perceived by their users as extensions of their selves. In addition to this, we claim that their functioning crucially depends on the simulation of human-like emotion-driven behavior and requires a distinctive form of transparency—we call it emotional transparency—that might give rise to ethical and normative tensions. (shrink)

In Saving Truth from Paradox, Hartry Field presents and defends a theory of truth with a new conditional. In this paper, I present two criticisms of this theory, one concerning its assessments of validity and one concerning its treatment of truth-preservation claims. One way of adjusting the theory adequately responds to the truth-preservation criticism, at the cost of making the validity criticism worse. I show that in a restricted setting, Field has a way to respond to the validity criticism. I (...) close with some general considerations on the use of revision-theoretic methods in theories of truth. (shrink)

In recent years, with the advances in machine learning and neuroscience, the abundances of sensors and emotion data, computer engineers have started to endow machines with ability to detect, classify, and interact with human emotions. Emotional artificial intelligence (AI), also known as a more technical term in affective computing, is increasingly more prevalent in our daily life as it is embedded in many applications in our mobile devices as well as in physical spaces. Critically, emotional AI systems have not only (...) the ability to not passively read and classify emotions, but most also have an ability to predict and ‘nudge’ users to certain desired emotional states. Drawing from Piredda (2020)’s account on affective artifacts and other recent accounts, we've examined various emerging emotion-sensing technologies such as recommender algorithms, personal AI assistants, work-related emotion trackers, and emotional AI toys and robots through the lens of affective artifacts. We show how these technologies fulfill the criteria of being affective artifacts: they are artifactual, multifunctional, semi-agentive, and semi-interpesonal. Emotional AI systems as affective artifacts can influence the affective states of the users (e.g., help regulate emotions of ourselves and others), and importantly, our manipulation of these algorithms can intersect with the maintenance and construction of our sense of self and identity. (shrink)

Conversational Artificial Intelligence (CAI) systems (also known as AI “chatbots”) are among the most promising examples of the use of technology in mental health care. With already millions of users worldwide, CAI is likely to change the landscape of psychological help. Most researchers agree that existing CAIs are not “digital therapists” and using them is not a substitute for psychotherapy delivered by a human. But if they are not therapists, what are they, and what role can they play in mental (...) health care? To answer these questions, we appeal to two well-established and widely discussed concepts: cognitive and affective artifacts. Cognitive artifacts are artificial devices contributing functionally to the performance of a cognitive task. Affective artifacts are objects which have the capacity to alter subjects’ affective state. We argue that therapeutic CAIs are a kind of cognitive-affective artifacts which contribute to positive therapeutic change by (i) simulating a (quasi-)therapeutic interaction, (ii) supporting the performance of cognitive tasks, and (iii) altering the affective condition of their users. This sheds new light on why virtually all existing mental health CAIs implement principles and techniques of Cognitive Behavioral Therapy — a therapeutic orientation according to which affective change and, ultimately, positive therapeutic change is mediated by cognitive change. Simultaneously, it allows us to conceptualize better the potential and limitations of applying these technologies in therapy. (shrink)

Law is the main regulator of public relations, and the question of the proper use and understanding of legal language is essential for law enforcement. This topic is of interest to both lawyers and philosophers, who often join efforts to study it. This article attempts precisely to take such an interdisciplinary approach when examining legal rules as specific linguistic conventions. First of all, for the sake of a better and more thorough understanding of legal language, legal (...) norms are viewed both from the point of view of semantics and from the point of view of pragmatics. Therefore, for this purpose, a distinction is made between legal norms and legal provisions as their linguistic equivalent. Legal norms are then explored through Wittgenstein's Later Philosophy, which describes their semantic content. The pragmatic aspect of the question is explained through John Austin's theory, thus treating legal rules as a kind of specific speech act of a conventional nature. (shrink)

The relation of normic support offers a novel solution to the proof paradox: a paradox in evidence law arising from legal cases involving merely statistical evidence (Smith 2018). Central to the normic support solution has been the thesis that merely statistical evidence cannot confer normic support. However, it has been observed that there are exceptions to this: there exist cases where merely statistical evidence can give rise to normic support (Blome-Tillmann 2020). If correct, this fact seems to undermine the (...) normic support solution to the proof paradox. This paper explores a resolution: normic support can resolve the proof paradox even though merely statistical evidence sometimes gives rise to normic support. The key to understanding this resolution lies with a source of evidential support that arises out of bodies of evidence that involve *character evidence* (Colyvan, et al. 2001). It turns out that character evidence can provide normic support when it is grounded in our knowledge of a certain kind of disposition individuals can have: *goal-directed dispositions*. The upshot is the recovery of the normic support solution to the puzzle of whether statistical evidence can meet legal standards of proof. (shrink)

This article connects philosophical debates about cognitive enhancement and situated cognition. It does so by focusing on moral aspects of enhancing our cognitive abilities with the aid of external artifacts. Such artifacts have important moral dimensions that are addressed neither by the cognitive enhancement debate nor situated cognition theory. In order to fill this gap in the literature, three moral aspects of cognitive artifacts are singled out: their consequences for brains, cognition, and culture; their moral status; and (...) their relation to personal identity. (shrink)

There are various philosophical approaches and theories describing the intimate relation people have to artifacts. In this paper, I explore the relation between two such theories, namely distributed cognition and distributed morality theory. I point out a number of similarities and differences in these views regarding the ontological status they attribute to artifacts and the larger systems they are part of. Having evaluated and compared these views, I continue by focussing on the way cognitive artifacts are used (...) in moral practice. I specifically conceptualise how such artifacts (a) scaffold and extend moral reasoning and decision-making processes, (b) have a certain moral status which is contingent on their cognitive status, and (c) whether responsibility can be attributed to distributed systems. This paper is primarily written for those interested in the intersection of cognitive and moral theory as it relates to artifacts, but also for those independently interested in philosophical debates in extended and distributed cognition and ethics of (cognitive) technology. (shrink)