This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of (...) Leviathan’s treatment of civil law, and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect (...) mental activity, the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the (...) discussion on the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in (...) common with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

In 1959 two French neurologists, Pierre Mollaret and Maurice Goullon, coined the term coma dépassé to designate a state beyond coma. In this state, patients are not only permanently unconscious; they lack the endogenous drive to breathe, as well as brainstem reflexes, indicating that most of their brain has ceased to function. Although legally recognized in many countries as a criterion for death, brain death has not been universally accepted by bioethicists, by the medical community, or by the public. I (...) this paper, I defend brain death as a biological concept. I challenge two assumptions in the brain death literature that have shaped the debate and have stood in the way of an argument for brain death as biological. First, I challenge the dualism established in the debate between the body and the brain. Second, I contest the emphasis on consciousness, which prevents the inclusion of psychological phenomena into a biological criterion of death. I propose that the term organism should apply both to the functioning of the body and the brain. I argue that the cessation of the organism as a whole should take into account three elements of integrated function. Those three elements are: 1) the loss of integrated bodily function; 2) the loss of psychophysical integration required for processing of external stimuli and those required for behavior; and, 3) the loss of integrated psychological function, such as memory, learning, attention, and so forth. The loss of those three elements of integrated function is death. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which (...) often can be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (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)

Many philosophers argue that exclusion arguments cannot exclude non-reductionist physicalist mental properties from being causes without excluding properties that are patently causal as well. List and Stoljar (2017) recently argued that a similar response to exclusion arguments is also available to dualists, thereby challenging the predominant view that exclusion arguments undermine dualist theories of mind. In particular, List and Stoljar maintain that exclusion arguments against dualism require a premise that states that, if a property is metaphysically distinct from the (...) sufficient cause of an effect, this property cannot be a cause of that effect. I argue that this premise is indeed likely to exclude patently causal properties, but that exclusion arguments against dualism do not require this premise. The relation that enables metaphysically distinct properties to cause the same effect in the relevant way turns out to be tighter than the relation typically posited between dualist conscious properties and their underlying physical properties. It is therefore still plausible that the latter causally exclude the former and that compelling exclusion arguments against dualism can be formulated by using a weaker exclusion premise. I conclude by proposing such a formulation. (shrink)

A primary goal of this chapter is to highlight neglected epistemic parallels between dualism and physicalism. Both dualist and physicalist arguments employ a combination of empirical data and armchair reflection; both rely on considerations stemming from how we conceptualize certain phenomena; and both aim to establish views that are compatible with scientific results but go well beyond the deliverances of empirical science. -/- I begin the chapter by fleshing out the distinctive commitments of dualism, in a way that (...) illuminates the interplay of epistemic and metaphysical elements within the dualist position. Section 2 outlines two influential arguments for dualism and explains how dualists defend those arguments from key criticisms. Sections 3 and 4 examine the most powerful objections to dualism: that it is inferior to physicalism as regards the theoretical virtue of simplicity, and that it cannot explain mental causation. I show that each of these objections to dualism depends on substantial assumptions that cannot be empirically justified. The objection from mental causation additionally rests on an ambitious assumption about how we conceptualize physical phenomena. Section 5 briefly reviews how epistemic considerations inform arguments on both sides of this debate. (shrink)

In the standard thought experiments, dualism strikes many philosophers as true, including many non-dualists. This ‘striking’ generates prima facie justification: in the absence of defeaters, we ought to believe that things are as they seem to be, i.e. we ought to be dualists. In this paper, I examine several proposed undercutting defeaters for our dualist intuitions. I argue that each proposal fails, since each rests on a false assumption, or requires empirical evidence that it lacks, or overgenerates defeaters. By (...) the end, our prima facie justification for dualism remains undefeated. I close with one objection concerning the dialectical role of rebutting defeaters, and I argue that the prospects for a successful rebutting defeater for our dualist intuitions are dim. Since dualism emerges undefeated, we ought to believe it. (shrink)

Epiphenomenalist dualists hold that certain physical states give rise to non-physical conscious experiences, but that these non-physical experiences are themselves causally inefficacious. Among the most pressing challenges facing epiphenomenalists is the so-called “paradox of phenomenal judgment”, which challenges epiphenomenalism’s ability to account for our knowledge of our own conscious experiences. According to this objection, we lack knowledge of the very thing that epiphenomenalists take physicalists to be unable to explain. By developing an epiphenomenalist theory of subjects and mental states, this (...) paper argues that there is nothing paradoxical or problematic about the epiphenomenalist’s understanding of phenomenal judgments or phenomenal self-knowledge. The appearance of paradox emerges from inconsistently combining (epiphenomenalist) dualism about qualia with a physicalistic conception of subjects of experience. The lesson we should take from this is not that there is anything wrong with epiphenomenalism, but that epiphenomenalist dualists should be “dualists all the way down”—embracing a picture of mind that gives phenomenology a central place, in its understanding of both subjects and their knowledge of their own minds. Epiphenomenalist-friendly accounts of reference and memory are also developed, showing that neither of these issues creates a paradox for the epiphenomenalist. (shrink)

The standard objection to dualist theories of mind is that they seemingly cannot account for the obvious fact that mental phenomena cause our behaviour. On the plausible assumption that all our behaviour is physically necessitated by entirely physical phenomena, there appears to be no room for dualist mental causation. Some argue that dualists can address this problem by making minimal adjustments in their ontology. I argue that no such adjustments are required. Given recent developments in philosophy of causation, it is (...) plausible that mental phenomena cause behaviour in standard dualist ontologies. (shrink)

The phenomenal concept strategy is considered a powerful response to anti-physicalist arguments. This physicalist strategy aims to provide a satisfactory account of dualist intuitions without being committed to ontological dualist conclusions. In this paper I first argue that physicalist accounts of phenomenal concepts fail to explain their cognitive role. Second, I develop an encapsulation account of phenomenal concepts that best explains their particularities. Finally, I argue that the encapsulation account, which features self-representing experiences, implies non-physical referents. Therefore, the account of (...) phenomenal concepts that has strong explanatory power does not explain away dualist intuitions—rather, it reinforces dualism. (shrink)

The principle of energy conservation is widely taken to be a se- rious difficulty for interactionist dualism (whether property or sub- stance). Interactionists often have therefore tried to make it satisfy energy conservation. This paper examines several such attempts, especially including E. J. Lowe’s varying constants proposal, show- ing how they all miss their goal due to lack of engagement with the physico-mathematical roots of energy conservation physics: the first Noether theorem (that symmetries imply conservation laws), its converse (that (...) conservation laws imply symmetries), and the locality of continuum/field physics. Thus the “conditionality re- sponse”, which sees conservation as (bi)conditional upon symme- tries and simply accepts energy non-conservation as an aspect of interactionist dualism, is seen to be, perhaps surprisingly, the one most in accord with contemporary physics (apart from quantum mechanics) by not conflicting with mathematical theorems basic to physics. A decent objection to interactionism should be a posteri- ori, based on empirically studying the brain. (shrink)

In this paper, I explore anomalous dualism about consciousness, a view that has not previously been explored in any detail. We can classify theories of consciousness along two dimensions: first, a theory might be physicalist or dualist; second, a theory might endorse any of the three following views regarding causal relations between phenomenal properties (properties that characterize states of our consciousness) and physical properties: nomism (the two kinds of property interact through deterministic laws), acausalism (they do not causally interact), (...) and anomalism (they interact but not through deterministic laws). I suggest that a kind of anomalous dualism, nonreductive anomalous panpsychism, promises to offer the best overall answer to two pressing issues for dualist views, the problem of mental causation and the mapping problem (the problem of predicting mind-body associations). (shrink)

To the extent that dualism is even taken to be a serious option in contemporary discussions of personal identity and the philosophy of mind, it is almost exclusively either Cartesian dualism or property dualism that is considered. The more traditional dualism defended by Aristotelians and Thomists, what I call hylemorphic dualism, has only received scattered attention. In this essay I set out the main lines of the hylemorphic dualist position, with particular reference to personal identity. (...) First I argue that overemphasis of the problem of consciousness has had an unhealthy effect on recent debate, claiming instead that we should emphasize the concept of form. Then I bring in the concept of identity by means of the notion of substantial form. I continue by analyzing the relation between form and matter, defending the traditional theses of prime matter and of the unicity of substantial form. I then argue for the immateriality of the substantial form of the human person, viz. the soul, from an account of the human intellect. From this follows the soul's essential independence of matter. Finally, although the soul is the immaterial bearer of personal identity, that identity is still the identity of an essentially embodied being. I explain how these ideas are to be reconciled. Footnotesa I am grateful to Stephen Braude, John Cottingham, John Haldane, David Jehle, Joel Katzav, Eduardo Ortiz, and Fred Sommers for helpful comments and discussion of a draft of this essay. I would also like to thank Ellen Paul, whose suggestions have helped greatly to improve the essay's style and content. (shrink)

Belief-credence dualism is the view that we have both beliefs and credences and neither attitude is reducible to the other. Pragmatic encroachment is the view that practical stakes can affect the epistemic rationality of states like knowledge or justified belief. In this paper, I argue that dualism offers a unique explanation of pragmatic encroachment cases. First, I explain pragmatic encroachment and what motivates it. Then, I explain dualism and outline a particular argument for dualism. Finally, I (...) show how dualism can explain the intuitions that underlie pragmatic encroachment. My basic proposal is that in high-stakes cases, it is not that one cannot rationally believe that p; instead, one ought not to rely on one's belief that p. One should rather rely on one's credence in p. I conclude that we need not commit ourselves to pragmatic encroachment in order to explain the intuitiveness of the cases that motivate it. (shrink)

Dualism can be contrasted with monism, and also with physicalism. It is argued here that what is essential to physicalism is not just its denial of dualism , but the epistemological and ontological authority it gives to physical science. A physicalist view of the mind must be reductive in one or both of the following senses: it must identify mental phenomena with physical phenomena or it must give an explanation of mental phenomena in physical terms . There is (...) little reason to call a view which is not reductive in either of these senses “physicalism”. If reduction is rejected, then a non-physicalist form of monism is still available, which may be called “emergentism”. (shrink)

This paper evaluates a form of dualism, which is referred to here as the dualism of conceptual scheme and undifferentiated reality. According to this dualism, although reality appears to be divided into distinct things from the perspective of our system of concepts, it is actually not. I justify the view that this dualism is incoherent.

It is often claimed in parts of the psychiatric literature that neuroscientific research into the biological basis of mental disorder undermines dualism in the philosophy of mind. This paper shows that such a claim does not apply to all forms of dualism. Focusing on Kenneth Kendler’s discussion of the mind–body problem in biological psychiatry, I argue that such criticism of dualism often conflates the psychological and phenomenal concepts of the mental. Moreover, it fails to acknowledge that there (...) are different varieties of dualism, and so overlooks the important metaphysical insights of contemporary dualist philosophers. I argue that while the neuroscientific research underpinning biological psychiatry challenges the traditional dualism of René Descartes, it does not pose any problem for the more modern dualism of David Chalmers. It is possible to take seriously the scientific claims of biological psychiatry while holding that this latter form of dualism is true. This has implications for the positioning of the mind–body problem in psychiatry. While the “easy” problem of explaining psychological processes is relevant to the aims of biological psychiatry, psychiatrists need not worry about the “hard” problem of consciousness. (shrink)

This paper evaluates an argument according to which many anthropologists commit themselves to Cartesian dualism, when they talk about meanings. This kind of dualism, it is argued, makes it impossible for anthropologists to adequately attend to material artefacts. The argument is very original, but it is also vulnerable to a range of objections.

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.

Happy accidents happen even in philosophy. Sometimes our arguments yield insights despite missing their target, though when they do others can often spot it more easily. Consider the work of Donald Davidson. Few did more to explore connections among mind, language, and world. Now that we have critical distance from his views, however, we can see that Davidson’s accomplishments are not quite what they seem. First, while Davidson attacked the dualism of conceptual scheme and empirical content, he in fact (...) illustrated a way to hold it. Second, while Davidson used the principle of charity to argue against the dualism, his argument in effect treats the principle as constitutive of a conceptual scheme. And third, while Davidson asserted that he cannot define what truth ultimately is—and while I do not disagree—his work nonetheless allows us to saymore about truth than Davidson himself does. -/- I aim to establish these three claims. Doing so enriches our understanding of issues central to the history of philosophy concerning how, if at all, to divvy up the mental or linguistic contribution, and the worldly contribution, to knowledge. As we see below, Davidson was right in taking his work to be one stage of a dialectic begun by Immanuel Kant.1 He was just wrong about what that stage is. Reconsidering Davidson’s views also moves the current debate forward, as they reveal a previously unrecognized yet intuitive notion of truth—even if Davidson himself remained largely unaware of it. We begin however with scheme/content dualism and Davidson’s argument against it. (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)

In contemporary philosophy of mind, the conceivability argument against physicalism is often used to support a form of dualism, which takes consciousness to be ontologically fundamental and distinct from physical matter. Recently, some proponents of the conceivability argument have also shown interest in panpsychism, which is the view that mentality is ubiquitous in the natural world. This paper examines the extent to which panpsychism can be sustained if the conceivability argument is taken seriously. I argue that panpsychism’s ubiquity claim (...) permits a strong reading or a weak reading. This presents a dilemma. On the one hand, the strong reading, which is typically characterised as a form of monism, is undermined by the conceivability argument. On the other hand, the weak reading, while compatible with the conceivability argument, turns out just to be a special case of dualism. I also show that the related position of panprotopsychism cannot provide a tenable monist position because it too cannot withstand the challenge of the conceivability argument. Therefore, if the conceivability argument is taken seriously, then we are committed to a dualist metaphysics, regardless of whether or not we accept the ubiquity claim. (shrink)

An indeterminate version of Henry Sidgwick’s “Dualism of Practical Reason” may offer a solution to Derek Parfit’s “Repugnant Conclusion”. Here we will outline the problem of Sidgwick’s Dualism and how to resolve it within the framework of practical reason and the problem of Parfit’s Repugnance and why it is irresoluble within the framework of pure utilitarianism. Then we will argue how Sidgwick’s Dualism, under certain formulations of indeterminacy, specifically under those Indeterminacy Views advanced by David Phillips (and (...) others), implies a resolution to the Repugnant Conclusion that is both intuitive and simple, resolving Sidgwick’s Dualism and Parfit’s Repugnance in one conceptual move. (shrink)

In this paper, I propose to analyse two objections raised by Turner Jr in his paper “On Two Reasons Christian Theologians Should Reject The Intermediate State” in order to show that the intermediate state is an incoherent theory. As we shall see, the two untoward consequences that he mentions do not imply a metaphysical or logical contradiction. Consequently, I shall defend an Intermediate State and I shall propose briefly one metaphysical conception of the human being able to reply to Turner (...) Jr’s objections. (shrink)

A primary goal of this chapter is to correct a widespread misunderstanding about how epistemic issues shape the debate between dualists and physicalists. According to a familiar picture, dualism is motivated by armchair reflection, and dualists accord special significance to our ways of conceptualizing consciousness and the physical. In contrast, physicalists favor empirical data over armchair reflection, and physicalism is a relatively straightforward extension of scientific theorizing. This familiar picture is inaccurate. Both dualist and physicalist arguments employ a combination (...) of empirical data and armchair reflection; both rely on considerations stemming from how we conceptualize certain phenomena; and both aim to establish views that are compatible with scientific results but go well beyond the deliverances of empirical science. My discussion highlights these neglected epistemic parallels between dualism and physicalism, and identifies the key epistemic questions that drive this debate. (shrink)

Dualism holds that experiences and physical states are distinct in that neither sort of state is identical with or grounded in the other. Cognitive phenomenal realism holds that cognitive experiences are irreducible to sensory experiences. While dualism and cognitive phenomenal realism are logically orthogonal and usually discussed separately, I argue that dualism’s plausibility is sensitive to whether cognitive phenomenal realism is true. In particular, I argue that if cognitive phenomenal realism is true, then it bolsters the case (...) for dualism via a cognitive knowledge argument that has several advantages over the standard sensory knowledge argument. (shrink)

This paper examines some consequences of the (quasi-)epiphenomenalism implied by a property dualistic view of phenomenal consciousness. The focus is upon the variation of phenomenal content over time. A thought-experiment is constructed to support two claims. The weaker claim exhibits an incompatibility which arises in certain logically possible situations between a conscious subject’s epistemic norms and the requirement that one be aware of one’s conscious experience. This could be interpreted as providing some epistemic grounds for the postulation of bridging laws (...) between the physical/functional and phenomenal domains. The stronger claim has it that the ontology of property dualism is not properly able to account for the certainty I have of being phenomenally conscious. The problem is viewed as resulting from the neglect of the intensional context involved in a proper representation of the argument for property dualism. It is argued that only a transcendental move can do justice to this certainty I have. (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)

In this dissertation, I examine the implications of the problem of mental causation and what David Chalmers has dubbed the “ hard problem of consciousness” for competing accounts of the mind. I begin, in Chapter One, with a critical analysis of Jaegwon Kim’s Physicalism, or Something Near Enough. (2005) There, I maintain that Kim’s ontology cannot adequately address both the problem of mental causation and the “ hard problem of consciousness.” In Chapter Two, I examine the causal pairing problem for (...) substance dualism. I demonstrate both that the substance dualist can respond to the argument at no great cost, and that the pairing problem applies, with equal force, to the irreducible qualia posited on Kim’s account. Chapters Three and Four are devoted to what I take to be the central argument against any kind of dualism: the causal exclusion argument. In Chapter Three, I examine dualistic responses to the exclusion argument that grant the causal closure of the physical world. I note that these responses, though technically adequate, are nevertheless theoretically unpalatable. In addition to requiring the dualist to adopt unconventional attitudes towards causation, responses of this variety also have the unfortunate result of rendering libertarian freedom impossible. Finally, in Chapter Four, I turn my attention to the question of causal closure. I maintain that the causal closure of the physical world, though widely affirmed, is nevertheless extraordinarily difficult to support. In light of Hempel’s Dilemma, causal closure is either false, compatible with dualistic interaction, or unacceptably stipulative. There is, I maintain, no causal closure principle up to the tasks required by the causal exclusion argument. For that reason, I conclude that the dualist ought not to worry about causal closure. (shrink)

Research on the folk psychology of free will suggests that people believe free will is incompatible with determinism and that human decision-making cannot be exhaustively characterized by physical processes. Some suggest that certain elements of Western cultural history, especially Christianity, have helped to entrench these beliefs in the folk conceptual economy. Thus, on the basis of this explanation, one should expect to find three things: (1) a significant correlation between belief in dualism and belief in free will, (2) that (...) people with predominantly incompatibilist commitments are likely to exhibit stronger dualist beliefs than people with predominantly compatibilist commitments, and (3) people who self-identify as Christians are more likely to be dualists and incompatibilists than people who do not self-identify as Christians. We present the results of two studies (n = 378) that challenge two of these expectations. While we do find a significant correlation between belief in dualism and belief in free will, we found no significant difference in dualist tendencies between compatibilists and incompatibilists. Moreover, we found that self-identifying as Christian did not significantly predict preference for a particular metaphysical conception of free will. This calls into question assumptions about the relationship between beliefs about free will, dualism, and Christianity. (shrink)

Emergent substance dualism is explained in detail and several criticisms are raised against the view.

Dualism about possible worlds says that merely possible worlds aren’t concrete objects, but the actual world is concrete. This view seems to be the natural one for ersatzers about merely possible worlds to take; yet one is hard-pressed to find any defenders of it in contemporary modal metaphysics. The main reason is that Dualism struggles with the issue of how merely possible worlds could have been actual. I explain that there are two different Dualist strategies that can be (...) taken to address the problem. Furthermore, one or other of these strategies should be plausible to anyone who accepts both Existentialism—which tells us that the existence of singular propositions depends on what they directly refer to—and Serious Actualism—which tells us that things must exist in order to instantiate properties. Though it has long been ignored, Dualism is a live option. (shrink)

I argue that in the Phaedo, Plato maintains that the soul is located in space and is capable of locomotion and of interacting with the body through contact. Numerous interpreters have dismissed these claims as merely metaphorical, since they assume that as an incorporeal substance, the soul cannot possess spatial attributes. But careful examination of how Plato conceives of the body throughout his corpus reveals that he does not distinguish it from the soul in terms of spatiality. Furthermore, assigning spatial (...) attributes to the soul plays an important role in Plato’s account of the relation of body and soul. (shrink)

Although written in Japanese, 法的思考（Legal Mind）pursues a good explanation of how we can apply the so-called practical syllogism to the legal manner of thought.

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)

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 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)

his paper argues that we will never get rid of the extremist mentality unless the dualist view prevails and is taught as part of the educational system. The dualist view takes account of both sides of an argument whereas the extremist view promotes one side unequivocally without considering the merits of the opposing view. The merits of the dualist view can be taught in schools so that everyone learns to recognise that mentality when it is evident not only in other (...) people’s behaviour but also in their own thinking about things. The dualist view is a flexible one involving trial-and-error processes as we work our way through life. That view is contrasted with the monist view that focuses on one point of view to the exclusion of all others. The extremist’s view is usually monistic and is intolerable of views that contradict or dispute their dogmatic view of things. This paper therefore examines these two contrasting views. It outlines the spectrum between monist and dualist ways of thinking, and it concludes that systematic form of dualism is possible that takes the middle way between the extremes of dogmatic and sceptical thinking. Only through dualist studies will the dualist view be more thoroughly developed, as is outlined here. (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)

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)

A popular response to the Exclusion Argument for physicalism maintains that mental events depend on their physical bases in such a way that the causation of a physical effect by a mental event and its physical base needn’t generate any problematic form of causal overdetermination, even if mental events are numerically distinct from and irreducible to their physical bases. This paper presents and defends a form of dualism that implements this response by using a dispositional essentialist view of properties (...) to argue that the psychophysical laws linking mental events to their physical bases are metaphysically necessary. I show the advantages of such a position over an alternative form of dualism that merely places more “modal weight” on psychophysical laws than on physical laws. The position is then defended against the objection that it is inconsistent with dualism. Lastly, some suggestions are made as to how dualists might clarify the contribution that mental causes make to their physical effects. (shrink)

While pluralism in ontology of art improves on various monistic views, through its eclectic approach it lost a lot of their simplicity, parsimony, unity and intuitiveness. The dualistic theory presented in this paper offers an alternative – it shares the advantages of the monistic views while retaining the wide scope of pluralism, and thus should be preferred for methodological reasons. On this view all artworks are at the same time abstract universals which are called recipes, and particular physical objects – (...) realisations. The fact that various artworks seem to differ in their ontology is due to certain fairly consistent culturally determined biases which cause people to prioritise the above compounds differently in cases of different arts. Thus the diversity of arts should not be considered on the level of ontology, as the pluralists would hold, but epistemology, or even further – socially determined phenomena concerning customary perception of various artworks. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s (...) explanatory options, I suggest that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

This is a companion to an earlier essay, "An Argument for Dualism from the Lived Experience of Time," in which I argue that our lived experience of being in space is best accounted for on a substance dualist ontology of the experiencing subject and a 3-dimensionalist account of time. Such an account excludes the metaphysical possibility of 4-dimensionalism as a literal, descriptive account of noumenal time inasmuch as it is incompatible with facts we know with greater certainty than any (...) scientific theory. (shrink)