This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as (...) a tool of privilege and power – law is politics. Consequently, CLS maintained that these results to indeterminacy of law. Legal indeterminacy can be summed up as contrary to the common understanding that legal materials, statutes and case law, do not really answer legal disputes. Legal principles and doctrines, as CLS scholars claim, are said to be indeterminate, for it is riddle with gaps, conflicts, and anomalies that are widely present even in simple cases. Legal indeterminacy also rises because of the underlying political power – law is politics – that implicates law as merely a tool for oppression. This thesis shows that CLS assertions with legal indeterminacy is only grounded on ambiguity. On one hand, using the main concept of legal formalist logic and language grounded with sub-arguments: inherent generality of legal language, reasoned elaboration, and neutral principles, it refutes the CLS claims of legal indeterminacy. On the other, the paper maintains that their main reason of legal indeterminacy, ‘law is politics’, is merely a statement of fact that currently happens in society is sentimental and weak through counterexamples. (shrink)

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK (...) following its adoption by the British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (shrink)

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

This paper puts forward three critiques of pardo’s second-order proof rules thesis. The first criticism states that these rules are not suitable to guide the interpretation of standards of proof rules because they confuse matters of legal interpretation with matters of epistemology. The second criticism states that second-order proof rules are affected by the same indeterminacy problems they are designed to resolve, thereby rendering them unsuitable for the task they are purposely designed for. The third criticism renders pardo’s (...) proposal redundant. a reconceptualization of second-order proof rules is offered. (shrink)

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule (...) application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...) and other institutional things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (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)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of (...) the rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen claims that (...) vagueness – correctly understood – has no function in law inter alia because judges lie systematically when confronted with borderline cases. I argue that both claims are wrong. First, judges do not need to resort to lying when adjudicating borderline cases, and even if they had to, this would not render vagueness useless. Secondly, vagueness has several important functions in law such as the reduction of decision costs and the delegation of power. Although many functions commonly attributed to the vagueness of legal expressions are in fact due to their generality or other semantic properties, vagueness has at least these two functions in law. (shrink)

It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the discussions (...) about the nature of legal interpretation. Transposing the problem of activism into the problem of interpretation allows the use of analysis tools that were previously unavailable. One of these tools are concepts emerged on the neopragmatist philosophy of Stanley Fish. Fish tries to describe the nature of the interpretation in the context of reader-response criticism and the concept of interpretive communities. Application of Fish's philosophy in the field of legal theory provides constructive conclusions about the concepts of judicial activism and judicial law-making. (shrink)

„O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem niniejszego tekstu jest (...) zaprezentowanie wybranych koncepcji poprawności wykładni prawa oraz ich krytyka w świetle neopragmatyzmu Stanley'a Fisha, filozofa prawa oraz profesora literaturoznawstwa, którego głównym przedmiotem refleksji był problem interpretacji. Filozofia amerykańskiego neopragmatysty opiera się na dwóch koncepcjach: reader-response criticism i wspólnotach interpretacyjnych. Reader-response criticism polega na skupieniu się na afektywnym aspekcie procesu interpretacji, uznając czytelnika za kluczową instancję tego procesu; koncepcja wspólnot interpretacyjnych z kolei ma wytłumaczyć, dlaczego podmiot interpretuje w taki a nie inny sposób. Zaproponowana przez Fisha metoda pozwala uznać, że de facto jedynym możliwym kryterium poprawności wykładni są inne decyzje sędziowskie. W świetle powyższych uwag wydaje się zasadnym stwierdzenie, że podejście Fisha umożliwia pogłębienie refleksji na temat jednej z kluczowych kwestii zarówno dla praktyki jak i teorii prawniczej, tj. poprawności wykładni prawa. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...) and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l (...) 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

Many people look to religion to help resolve the serious moral and legal issues associated with assisted reproductive technologies. Doing so presupposes that religion is the cornerstone of ethics, but this assumption is not well founded. While various faiths are entitled to articulate their views on matters of human reproduction, the contradictions involved in doing so make it unwise to rely on religion in the formulation of law and policy. These contradictions – such as the indeterminacy about what (...) revealed truths means – make moral secular philosophy a better guide for the protection of human welfare. (shrink)

Over the last two years, the third wave of artificial intelligence (AI) has emerged powerful tools for both artistic expression and scientific research. In design, image generators display an equivalent disruption to text generators, while the medium of text creates the new scope of writing prompts. This contribution discusses the ambivalences between text and image generators via two main theses: first about the potential of prompting and generated images as a medium of discourse; second, it examines the reasoning behind their (...) tendency to be mystified. Prompts can be automated through text generators and used to generate images on a wider scale, making it a praxis in which precise wording becomes crucial for generating anything. Generated images practice a form of mimesis. With Generative Adversial Networks (GANs) producing non-referential images, the discourse of illustration is concerning the obsolescence of authorship. AI is observed to manifest a dual character, serving as both tool and author, even though AI does not own the classification of a person and is not an author in legal terms. The utilization of text and image generators is intertwined with a mythicized notion due to their non-verifiable mode of operation. The myth of AI is a product of its indeterminacy. (shrink)

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the (...) class='Hi'>legal context. The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of (...) course, a controversial matter. For example, some (such as Sorensen (2001) and Williamson (2002)) maintain that there is a precise height at which someone becomes tall and such apparent cases of indeterminacy merely reflects our ignorance of this fact. Others maintain that there is some genuine – and not merely epistemic – indeterminacy present is such cases and offer various accounts of how best to account for it. Supervaluationists (such as Keefe (2008)), for example, claim that the indeterminacy with respect to vague terms lies in their not having a single definite extension. Rather, each term is associated with a range of possible precise extensions or precisifications such that it is semantically unsettled which is the correct extension. One precisification of ‘tall’ might allow that anyone over five feet ten inches is tall, whereas another would only allow those over six foot to qualify; but no precisification will take someone who is five foot to be tall, and someone who is seven foot will count as tall on all precisifications. Thus – while someone who is seven foot will be determinately tall and someone who is five foot determinately not so – it will be indeterminate whether someone who stands at five foot eleven inches is tall. -/- Yet, it is important to stress that putative cases of indeterminacy are not limited to vague predicates of this kind. Philosophers have invoked indeterminacy in discussions of topics as diverse as moral responsibility (Bernstein (forthcoming)), identity over time (Williams (2014)), and the status of the future (Barnes and Cameron (2009)). In this paper, we focus on two areas where discussion of various kinds of indeterminacy has been commonplace: physics and fiction. We propose a new model for understanding indeterminacy across these domains and argue that it has some notable advantages when compared to earlier accounts. Treating physics and fiction cases univocally also indicates an interesting connection between indeterminacy in these two areas. (shrink)

The Indeterminacy of Translation and Radical Interpretation The indeterminacy of translation is the thesis that translation, meaning, and reference are all indeterminate: there are always alternative translations of a sentence and a term, and nothing objective in the world can decide which translation is the right one. This is a skeptical conclusion because what it … Continue reading The Indeterminacy of Translation and Radical Interpretation →.

One might suppose that Everettian quantum mechanics (EQM) is inhospitable to metaphysial indeterminacy (MI), given that, as A. Wilson (2020) puts it, "the central idea of EQM is to replace indeterminacy with multiplicity" (77). But as Wilson goes on to suggest, the popular decoherence-based understanding of EQM (henceforth: DEQM) appears to admit of indeterminacy in both world number and world nature, where the latter indeterminacy---our focus here---is plausibly metaphysical. After a brief presentation of DEQM (S1), we (...) bolster the case for there being MI in world nature in DEQM (S2). The remainder of the paper is devoted to a comparative assessment of the two main approaches to MI for purposes of accommodating this MI---namely, a metaphysical supervaluationist approach (as per Barnes and Williams 2011) and a determinable-based approach (as per Wilson 2013 and Calosi and Wilson 2018 and 2021). We briefly describe each approach (S3), then offer arguments in favour of a determinable-based approach to world nature MI in DEQM (S4). (shrink)

A number of analytical philosophers have recently endorsed the view that the world itself is indeterminate in some respect. Intriguingly, ideas similar to the view are expressed by thinkers from Chinese Madhyamaka Buddhism, which may shed light on the current discussion of worldly indeterminacy. Using as a basis Chinese Madhyamaka thought, together with Jessica Wilson’s account of indeterminacy, I develop an ontological conception of indeterminacy, termed ontic indeterminacy, which centres on two complementary ideas—conclusive indeterminability and provisional (...) determinability. I show that OI is well-equipped to tackle several issues of worldly indeterminacy. My overarching aim is to present a viable and sustainable perspective on the subject of indeterminacy to enrich analytical philosophers’ insights into the intricate nature of reality. (shrink)

Indeterminacy is metaphysical (or worldly) if it has its source in the way the world is (rather than how it is represented or known). There are two questions we could ask about indeterminacy. First: does it exist? Second: is indeterminacy derivative? I focus on the second question. Specifically, I argue that (at least some) metaphysical indeterminacy can be derivative, where this roughly means that facts about indeterminacy are metaphysically grounded in facts about what is determinate.

This paper addresses debates in German idealism that arise in response to the modal shift in logic, proposed by Kant, from a logic of thinking to a logic of experience. With the Kantian logic of experience arises a problem of radical contingency or 'rhapsodic determination' for logic. While Fichte and Hegel attempt to resolve the problem of contingency by constructing rational systems aimed at established the grounds for logic, I show how Schelling brings into view, in a proto-existentialist movement, the (...) way in which the indeterminacy of the will undergirds rational system construction and, thereby, presents a limiting problem for the question of the value of system-building itself. (shrink)

Theorists who advocate worldly (metaphysical or ontological) indeterminacy—the idea that the world itself is indeterminate in one or more respects—should address how we understand the signifying nature and function of language in light of worldly indeterminacy. I first attend to Sengzhao and Jizang, two leading thinkers in Chinese Sanlun Buddhism, to reconstruct a Chinese Madhyamaka notion of ontic indeterminacy. Then, I draw on the thinkers’ views to propose a provisional (non-definitive) understanding of the nature and use of (...) language. Under this understanding, an expression signifying a thing is provisional in that the expression connotes no determinate feature of the thing. (shrink)

This paper constructs a model of metaphysical indeterminacy that can accommodate a kind of ‘deep’ worldly indeterminacy that arguably arises in quantum mechanics via the Kochen-Specker theorem, and that is incompatible with prominent theories of metaphysical indeterminacy such as that in Barnes and Williams (2011). We construct a variant of Barnes and Williams's theory that avoids this problem. Our version builds on situation semantics and uses incomplete, local situations rather than possible worlds to build a model. We (...) evaluate the resulting theory and contrast it with similar alternatives, concluding that our model successfully captures deep indeterminacy. (shrink)

In this article I address some questions concerning the emerging conjunction of musical research on improvisation and work in the ‘posthumanities’, in particular the theoretical results of the ‘ontological turn’ in the humanities. Engaging with the work of the composer John Cage, and George E. Lewis’s framing of Cage’s performative indeterminacy as a ‘Eurological’ practice that excludes ‘Afrological’ jazz improvisation, I examine how critical discourse on Cage and his conception of sound is relevant to the improvisation-posthumanities conjunction. After discussing (...) some criticisms of ontological and materialist approaches to sound, I consider the Actor-Network Theory (ANT) of Bruno Latour, posed as offering an alternative to these approaches. Following an examination of some limitations to ANT based around the themes of critique and abstraction, I draw from the work of Gilles Deleuze and Georgina Born to suggest that work on improvisation and the posthumanities may be fruitful, but must be part of a pluralistic mode of inquiry that does not reject critique and abstraction, as some work in the posthumanities has done. (shrink)

This paper discusses and relates two puzzles for indicative conditionals: a puzzle about indeterminacy and a puzzle about triviality. Both puzzles arise because of Ramsey's Observation, which states that the probability of a conditional is equal to the conditional probability of its consequent given its antecedent. The puzzle of indeterminacy is the problem of reconciling this fact about conditionals with the fact that they seem to lack truth values at worlds where their antecedents are false. The puzzle of (...) triviality is the problem of reconciling Ramsey's Observation with various triviality proofs which establish that Ramsey's Observation cannot hold in full generality. In the paper, I argue for a solution to the indeterminacy puzzle and then apply the resulting theory to the triviality puzzle. On the theory I defend, the truth conditions of indicative conditionals are highly context dependent and such that an indicative conditional may be indeterminate in truth value at each possible world throughout some region of logical space and yet still have a nonzero probability throughout that region. (shrink)

Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an (...) explicit agreement, but could also operate through implicit endorsement of a social convention. However, there are important limits on when the mechanism can eliminate moral indeterminacy. (shrink)

You may not know me well enough to evaluate me in terms of my moral character, but I take it you believe I can be evaluated: it sounds strange to say that I am indeterminate, neither good nor bad nor intermediate. Yet I argue that the claim that most people are indeterminate is the conclusion of a sound argument—the indeterminacy paradox—with two premises: (1) most people are fragmented (they would behave deplorably in many and admirably in many other situations); (...) (2) fragmentation entails indeterminacy. I support (1) by examining psychological experiments in which most participants behave deplorably (e.g., by maltreating “prisoners” in a simulated prison) or admirably (e.g., by intervening in a simulated theft). I support (2) by arguing that, according to certain plausible conceptions, character evaluations presuppose behavioral consistency (lack of fragmentation). Possible reactions to the paradox include: (a) denying that the experiments are relevant to character; (b) upholding conceptions according to which character evaluations do not presuppose consistency; (c) granting that most people are indeterminate and explaining why it appears otherwise. I defend (c) against (a) and (b). (shrink)

This paper examines two puzzles of indeterminacy. The first puzzle concerns the hypothesis that there is a unified phenomenon of indeterminacy. How are we to reconcile this with the apparent diversity of reactions that indeterminacy prompts? The second puzzle focuses narrowly on borderline cases of vague predicates. How are we to account for the lack of theoretical consensus about what the proper reaction to borderline cases is? I suggest (building on work by Maudlin) that the characteristic feature (...) of indeterminacy is alethic normative silence, and use this to explain both plurality and lack of consensus. (shrink)

This paper argues that several sorts of metaphysical and semantic indeterminacy afflict the causal relation. If, as it is plausible to hold, there is a relationship between causation and moral responsibility, then indeterminacy in the causal relation results in indeterminacy of moral responsibility more generally.

This paper presents and discusses design studio outcomes developed in response to a studio brief linked to the Fun Palace Futures initiative of the Royal British Institute of British Architects (RIBA) in honour of architect Cedric Price and artist Joan Littlewood. The studio brief was collaboratively developed by the authors. Its core question was: How could the thoughts that guided the development and design of the Fun Palace – a project that was never built but is still today cited as (...) a model for thinking flexible and open architecture – be re-interpreted and renewed for the future? This line of thinking guided the initial and experimental research phase, during which students developed an understanding of what indeterminacy is or could be. The paper shows that through the translation of some of the essential principles of the Fun Palace project into pedagogical instruments, students were enabled to approach the questions of indeterminacy in an open and innovative manner. The paper argues that the use of a variety of media, which often went far beyond the conventional architectural pallet, and the introduction of media shifts were crucial in assisting the students in developing their own tools for creating a new kind of open and flexible architecture. The paper presents this pedagogic approach. We show that the conditions of indeterminacy, uncertainty, chance and change, hold potential for framing the design and creation of a new kind of dynamic architecture, and for initiating experimental architectural thinking in a design studio setting. (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

Suppose that you're certain that a certain sentence, e.g. "Frida is tall", lacks a determinate truth value. What cognitive attitude should you take towards it—reject it, suspend judgment, or what else? We show that, by adopting a seemingly plausible principle connecting credence in A and Determinately A, we can prove a very implausible answer to this question: i.e., all indeterminate claims should be assigned credence zero. The result is striking similar to so-called triviality results in the literature on modals and (...) conditionals. (shrink)

Possibility semantics offers an elegant framework for a semantic analysis of modal logic that does not recruit fully determinate entities such as possible worlds. The present papers considers the application of possibility semantics to the modeling of the indeterminacy of the future. Interesting theoretical problems arise in connection to the addition of object-language determinacy operator. We argue that adding a two-dimensional layer to possibility semantics can help solve these problems. The resulting system assigns to the two-dimensional determinacy operator a (...) well-known logic (coinciding with the logic of universal modalities under global consequence). The paper concludes with some preliminary inroads into the question of how to distinguish two-dimensional possibility semantics from the more established branching framework. (shrink)

The question of whether Everettian quantum mechanics (EQM) justifies the existence of metaphysical indeterminacy has recently come to the fore. Metaphysical indeterminacy has been argued to emerge from three sources: coherent superpositions, the indefinite number of branches in the quantum multiverse and the nature of these branches. This paper reviews the evidence and concludes that those arguments don’t rely on EQM alone and rest on metaphysical auxiliary assumptions that transcend the physics of EQM. We show how EQM can (...) be ontologically interpreted without positing metaphysical indeterminacy by adopting a deflationary attitude towards branches. Two ways of developing the deflationary view are then proposed: one where branches are eliminated, and another where they are reduced to the universal quantum state. (shrink)

In this paper, I examine a case for fundamental indeterminacy (FI) by Elizabeth Barnes and offer my counterarguments. Barnes' account of FI includes both the characterization of FI and why we need to accept it. I argue that her reasons for accepting FI can be challenged even when we accept her characterization of FI. Her main claim is that finding a fundamental proposition that our fundamental theory is indeterminate about (FPF) gives us a reason to accept FI in metaphysics. (...) I challenge her claim by pointing out more plausible options to address FPFs. An FPF may either indicate that the theory is nonfundamental or lead us to accept the antirealist view; there is no room for FI in either option. One may insist on accepting FI, but I argue that it is not theoretically rewarding enough. Hence, Barnes' case for FI can be contested. (shrink)

I argue that quine's thesis of the indeterminacy of radical translation is incorrect. the argument exploits the connections between quine's thesis and common sense notions regarding belief. a simple model of belief, taking beliefs to be sets of brain states, is used to give a rigorous restatement of quine's thesis. it is then argued that our need to project the actions of other people from their professions of belief would make the situation quine describes unstable, since persons in that (...) situation would make less accurate predictions of actions than would persons not so situated. (shrink)

Most psychological and philosophical theories assume that we know what we feel. This general view is often accompanied by a range of more specific claims, such as the idea that we experience one emotion at a time, and that it is possible to distinguish between emotions based on their cognition, judgment, behaviour, or physiology. One common approach is to discriminate emotions based on their motivations or ultimate goals. Some argue that empathic distress, for instance, has the potential to motivate empathic (...) concerns; personal distress, on the other hand, is self-oriented and motivates egoistic concerns. In this paper, I argue against this and similarly teleological views of emotions and affect. Through a close study of the emotional breakdown of an American drone operator, I make the case that understanding our emotions entails much more ambiguity than dominant theories assume. In our emotional lives, disorientation and confusion are often the norm. (shrink)

A growing literature is premised on the claim that quantum mechanics provides evidence for metaphysical indeterminacy. But does it? None of the currently fashionable realist interpretations involve fundamental indeterminacy and the ‘standard interpretation’, to the extent that it can be made out, doesn't require indeterminacy either.

This article examines whether Willard Van Orman Quine’s indeterminacy thesis can be sustained. The argument from above, Quine argues, can derive indeterminacy as its conclusion. I will argue that the indeterminacy claim cannot be sustained. I further argue that Quine changed the formulation of the underdetermination of theory by evidence (UTE) argument from what Duhem said to the Quine/Pierce meaning verification view, in order use the new formulation of UTE to imply indeterminacy. Given all that, we (...) see when we apply the old UTE argument we only arrive at underdetermination of theory by evidence, and that applies to all sciences, philosophy and knowledge, including philosophy of language. (shrink)

According to moral error theory, morality is something invented, constructed or made; but mistakenly presents itself to us as if it were an independent object of discovery. According to moral constructivism, morality is something invented, constructed or made. In this paper I argue that constructivism is both compatible with, and in certain cases explanatory of, some of the allegedly mistaken commitments to which arguments for moral skepticism appeal. I focus on two particular allegations that are sometimes associated with moral skepticism. (...) The first is the suspicion that in making moral claims we are merely projecting our attitudes onto the world. The second is the suspicion that in arguing for and against moral views we are merely attempting to influence each other to give similar answers to questions that have no determinate answer. (shrink)

Two competing accounts of value incomparability have been put forward in the recent literature. According to the standard account, developed most famously by Joseph Raz, ‘incomparability’ means determinate failure of the three classic value relations ( better than , worse than , and equally good ): two value-bearers are incomparable with respect to a value V if and only if (i) it is false that x is better than y with respect to V , (ii) it is false that x (...) is worse than y with respect to V and (iii) it is false that x and y are equally good with respect to V . Most philosophers have followed Raz in adopting this account of incomparability. Recently, however, John Broome has advocated an alternative view, on which value incomparability is explained in terms of vagueness or indeterminacy . In this paper I aim to further Broome’s view in two ways. Firstly, I want to supply independent reasons for thinking that the phenomenon of value incomparability is indeed a matter of the indeterminacy inherent in our comparative predicates. Secondly, I attempt to defend Broome’s account by warding off several objections that worry him, due mainly to Erik Carlson and Ruth Chang. (shrink)

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

This paper will appeal a recent argument for the indeterminacy of translation to show not that meaning is indeterminate, but rather that assertion cannot be explained in terms of an independent grasp of the concept of truth. In particular, it will argue that if we try to explain assertion in terms of truth rather than vice versa, we ultimately will not be able to make sense of the difference between assertion and denial. This problem with such 'semantic' accounts of (...) assertion then illustrates why we need not worry about the purported argument for indeterminacy. (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.

I explore the thesis that the future is open, in the sense that future contingents are neither true nor false. The paper is divided into three sections. In the first, I survey how the thesis arises on a variety of contemporary views on the metaphysics of time. In the second, I explore the consequences for rational belief of the ‘Aristotelian’ view that indeterminacy is characterized by truth-value gaps. In the third, I outline one line of defence for the Aristotelian (...) against the puzzles this induces: treating opinion about future contingents as a matter of fictional belief rather than simple belief. (shrink)

Decisions are made under uncertainty when there are distinct outcomes of a given action, and one is uncertain to which the act will lead. Decisions are made under indeterminacy when there are distinct outcomes of a given action, and it is indeterminate to which the act will lead. This paper develops a theory of (synchronic and diachronic) decision-making under indeterminacy that portrays the rational response to such situations as inconstant. Rational agents have to capriciously and randomly choose how (...) to resolve the indeterminacy relevant to a given choice-situation, but such capricious choices once made constrain how they will choose in the future. The account is illustrated by the case of self-interested action in situations where it is indeterminate whether you yourself will survive to benefit or suffer the consequences. The conclusion emphasizes some distinctive anti-hedging predictions of the account. (shrink)