This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...) meant these terms, this article shows how this example actually undermines Originalism when applied to on-going rules. It also explores inconsistencies and problems with several definitions of Originalism including Justice Scalia's arbitrary exclusion of technology from the constraints of "original meaning." It further disputes his claim that Originalism ". . .will narrow the range of acceptable judicial decision-making and acceptable argumentation [and that it] will curb -- even reverse -- the tendency of judges to imbue authoritative texts with their own policy preferences." This article maintains that Originalism has the opposite effect. -/- Keywords: originalism, original meaning, Scalia, interpretation, meaning. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively (...) become the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision (...) is framed and ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, (...) however. Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...) is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

First of all, I would like to thank to the Philosophy of Law Department for this encounter with Professor Solum. It is really a pleasure meeting you Professor, and having the possibility to discuss this profoundly interesting and courageaus text with my colegues and specially with its author. The adjetive I have just used is not simply politeness, I really think we are in front of a very interesting work not only because of its persuasive humorous rhetoric but mainly because (...) it is a text that interrogates its own tradition even if it is with the intention to oxygenate, give air to it. And from a critical position that is something always to be welcomed. Nevertheless what I want to argue in this brief words is that what it is surprising (for my humble point of view) is that originalism, even in this new textual linguistic outfit or clothing, doesnt still address the question of the concept of origin itself. A question and a signifier that has a long inscription not only in western philosophical and interpretative traditions (meaning Nietzsche, Freud, Philosophical Hermeneutics as Gadamer, Ricoeur or in Derrida s deconstruction and so on) but also in non western interpretative tradition such as the Talmudic, for example. In these lines of thought the origin is unreachable, either lost or doesnt exist at all as far as there is no absolute ground that soustain an unique pure original meaning. In short, it is an empty signifier, obviously in dispute. So at last what it is called “original public meaning” it is no more than the result of the force relations between discourses. In other terms, there is an internal intimate relationship between power, language and interpretation. As Bajtin puts it (a russian linguist from the early XX century): the sign is the arena of social struggle. Or as Roland Barthes use to write: power parasitizes the language itself. (shrink)

From James Legge’s first attempt to translate the Yijing in the English speaking world in 1854, to the latest translation, The Original Meaning of the Yijing, by Joseph A. Adler in 2019, the process of translating the Yijing into English has been continuing for nearly 170 years, and there are countless translations by numerous translators. Historically, these English translations of the Yijing reveal five trends: first, the translations rely on the authoritative, traditional commentaries on the Yijing; secondly, some (...) translations rely on the personal help and interpretations of Yijing scholars in China; thirdly, some translations depend on recently unearthed documents of the Yijing; fourthly, Yili and Xiangshu are more or less involved in these translations, although the focus of each translation is not always the same; fifthly, most translations strive for the “original” meaning of the Yijing, especially with the unearthed documents of the Yijing since the 1970s. It could be safely concluded that the ultimate goal of the English translators of the Yijing is to provide English readers with the Yijing that is closest to the original/authentic meaning so that people in theWest can truly understand the essence of Chinese philosophy represented by the Yijing. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

I argue for the 'strong view of etymology' and the value of education in regard to terminological and linguistic competence.

I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of (...) some words in those texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and (...) collect taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

I think the basic intuition behind textualism correct – that the meaning of a law is fixed by referencing the meaning of its words according to the meaning common to the law’s ratifiers. However, even if true, it does not follow that interpretation of a law goes through the original ratifiers. Rather, a citizenry continually ratifies the laws to which it subjects itself, and as the meanings of those words change over time, so will those laws. (...) Concerning, say, the U.S. Constitution, though the text may be very nearly the same now as in the 18th century, a different constitution is in effect. (shrink)

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

When it comes to a question as notoriously unclear as “What is the meaning of life?” clarifying the question and its conceptual setting is a necessary step before attempting to answer the question. The analysis of the concept of “the meaning of life” is a twofold task; “the meaning” and “life” both need to be examined. In this paper, I primarily focus on “the meaning”. I argue that, although there is much disagreement and confusion in the (...) literature about the meaning of “the meaning” as it is applied to life, there is one most plausible interpretation of this notion. In the end, even though I do not answer the question of the meaning of life, I propose an account of what a correct answer to the question is supposed to look like, based on my original function analysis of “the meaning.”. (shrink)

This is a work in the philosophy of language and metasemantics. Its purpose is to help answer the question about how words acquire their meanings. The work is divided into two parts. The purpose of Part One is to defend the claim that, despite numerous attempts, the so-called Kripkenstein’s sceptical challenge, and especially the problem of finitude, has not been offered a successful straight solution. The purpose of Part Two is to critically examine Robert Brandom’s philosophy, which can be treated (...) as an answer to the sceptical challenge in my interpretation. My main claim is that although Brandom’s so-called normativist approach does provide a principled solution to the sceptical challenge, the proposal faces a host of other problems in the light of which I reject it. -/- What is Kripkenstein’s sceptical challenge? The name 'Kripkenstein' is an abbreviation used in the literature for Saul Kripke’s reading of Ludwig Wittgenstein’s later works, published in 1982. In the long essay, Kripke presents (that Wittgenstein presented) a sceptical challenge that demands an explanation of how any word can have a determinate meaning. The challenge is usually thought to consist of three interrelated problems: (1) the problem of finitude, (2) the problem of error, and (3) the problem of normativity. Following Martin Kusch, I view the problem of finitude as the most important one. According to the problem, briefly, since any actual subject is a finite being, i.e. capable of exhibiting only finite expressions of linguistic signs, it will always be possible to ask whether, in a given context, she is following a rule S1 or rule S2 that corresponds to the meaning of the sign. For example, supposing that the sign in question is '+', it can be asked whether the subject in a given context has followed the addition rule or an alternative quaddition rule, according to which any addition problem exceeding certain arbitrary cardinality results in five. According to the hypothesis, the actual use of '+' by any speaker is compatible with both rules. Since any speaker has only finite dispositions to the mathematical conduct, there will always be some limit after which there is no fact of the matter, according to the sceptic, which rule the subject will have turned out to have followed. Hence, it is indeterminate whether any actual subject has ever calculated according to the addition rule or the quaddition rule. -/- From my view, despite the work of Kripke and Kusch, the problem of finitude has not been taken as seriously as it ought to have been. This in turn has significant consequences for the metasemantic theory concerning the origin and nature of meaning. In particular, I claim that the way how the meaning of words is determined must be understood as temporal in nature. Moreover, I claim that Kripke’s causal-historical account of reference can work as a non-straight solution to the challenge that explains how at least the meanings of some words can be temporally determined. -/- One central aim of Brandom’s philosophy is to give a straight answer to the problem of finitude by providing an answer to the problem of normativity. However, I claim that Brandom’s version of the 'normativity of meaning' hypothesis cannot work as he intends. The key issues are difficult to summarise, but to put it succinctly, the crucial problem concerns Brandom’s ambition to give an answer to a version of Agrippa’s trilemma, or how a chain of justifications can end in anything else than (i) premises that have already been used, (ii) a primitive premise, or an (iii) infinitude of premises. My claim is that Brandom’s resolution to the trilemma is not sound. (shrink)

The aim of this article is to investigate the reception of Husserl’s theory of meaning by Ajdukiewicz and Blaustein, two members of the analytically-oriented Lvov-Warsaw School, who, in different ways, were attracted to and confronted with Husserl’s phenomenology. The discussed hypothesis is that Ajdukiewicz’s interpretation of Logical Investigations, and his original theory of meaning influenced both Blaustein’s critical reading of Husserl’s theory of intentionality and his account of meaning-intention. After outlining the central elements of “First Logical (...) Investigation” the paper shows how it is interpreted by Ajdukiewicz in his Lvov lectures on logic and in his directival theory of meaning. What emerges is a psychological-descriptive interpretation of Husserl’s concept of meaning, and a reconsideration of his theory of intentionality within the inferential structure of beliefs in premises that motivates a person who speaks a language to believe in conclusions of a certain form. This leads Ajdukiewicz to his own original conventionalist account of meaning which is based on the identification of three main directives of meaning that represent the matrix of a given language, i.e., the grid in which each meaning finds its place. These elements allow one to demonstrate how Ajdukiewicz’s interpretation resonates in Blaustein’s critique of Husserl in his early writings, where, in addition to a psychological-descriptive reading of phenomenology we also find a conventionalist conception of meaning acts and signitive presentations. According to Blaustein, a sign can represent an object only through the conventions arising from the directives of meaning that belong to a given natural language. (shrink)

Can the original meaning of texts, ideas, doctrines or traditions – objects of interpretation – be preserved despite constantly changing subject of interpretation? Is knowledge of the original meaning even possible, if we are to take seriously significance of the past and present interpretations? Finally, from the position of the current theories of language, is meaning itself possible outside of the syntactical structures of language? In this article all three questions find positive answers from the (...) position of C. S. Peirce’s semiotics. Both, ontological unity of the object of interpretation secures the unity of meaning, while epistemological pluralism of interpretation and the growth of signs without conflict. (shrink)

The question “what is an interpretation?” is often intertwined with the perhaps even harder question “what is a scientific theory?”. Given this proximity, we try to clarify the first question to acquire some ground for the latter. The quarrel between the syntactic and semantic conceptions of scientific theories occupied a large part of the scenario of the philosophy of science in the 20th century. For many authors, one of the two currents needed to be victorious. We endorse that such debate, (...) at least in the terms commonly expressed, can be misleading. We argue that the traditional notion of “interpretation” within the syntax/semantic debate is not the same as that of the debate concerning the interpretation of quantum mechanics. As much as the term is the same, the term “interpretation” as employed in quantum mechanics has its meaning beyond (pure) logic. Our main focus here lies on the formal aspects of the solutions to the measurement problem. There are many versions of quantum theory, many of them incompatible with each other. In order to encompass a wider variety of approaches to quantum theory, we propose a different one with an emphasis on pure formalism. This perspective has the intent of elucidating the role of each so-called “interpretation” of quantum mechanics, as well as the precise origin of the need to interpret it. (shrink)

Recent research gives perspectivism the status of a stand-alone epistemological research program. As part of this development, it must be distinguished from other epistemologies, especially relativism. Not only do relativists and perspectivists use a similar vocabulary—even the supposed tenets (features of the doctrine) seem to partially overlap. To clarify the relation between these programs, I suggest drawing two important distinctions. The first is between the (1) terminological and (2) doctrinal components of epistemologies, the second between the (2a) analytical and (2b) (...) synthetical doctrinal elements. The method of the originalistic linguistic analysis that I introduce in this article shows that both relativism and perspectivism are using the same matrix of interconnected linguistic expressions that belong to what I call the universal epistemic language. Furthermore, this method reveals which doctrinal components necessarily follow from this linguistic basis and the terms “relativism” and “perspectivism” and which are a result of deliberate philosophical constructions. As for the linguistic basis and analytical doctrinal components, relativism and perspectivism are complementary members of one epistemology. Doctrinal additions that transform the original meaning of the terms “relativism” and “perspectivism”, such as “indifferentism” and “non-absolutism”, should be always explicitly mentioned to avoid confusion and strawmen debates in philosophy. (shrink)

ABSTRACTIneffability of musical meaning is a frequent theme in music philosophy. However, talk about musical meaning persists and seems to be not only inherently enjoyable and socially acceptable, but also functionally useful. Relying on a phenomenological account of musical meaning combined with a naturalist explanatory attitude, we argue for a novel explanation of how ineffability is a feature of musical meaning and experience and we show why it cannot be remedied by perfecting language or musico-philosophical study.Musical (...) meaning is seen as an experiential phenomenon that consists of layers, some recent, others archaic. As such, musical meaning is strongly characterized by asubjectivity. It is in-between, in a state where the division of subject and object is not yet valid or valid anymore. A naturalistic interplay of experiential layers in music brings about a non-reified dynamics driving for expressions, interpretations, engenderings of subjects and objects or even for political action. Generally speaking, the in-betweenness of musical meaning can never be universally reified or symbolic nor can it ever be “subjective,” “mine” or present “at the origin.”In this view, ineffability has two primary reasons. First, the criteria offered for defining musical meaning are often too strict, resulting in untenable pretensions of universality. Second, the processual and relational nature of the in-between keeps meaning in flux; any snapshot creates a new situation and new meanings. (shrink)

The paper presents a number of empirical arguments for the perceptual view of speech comprehension. It then argues that a particular version of phenomenal dogmatism can confer immediate justification upon belief. In combination, these two views can bypass Davidsonian skepticism toward knowledge of meanings. The perceptual view alone, however, can bypass a variation on the Davidsonian argument. One reason Davidson thought meanings were not truly graspable was that he believed meanings were private (unlike behavior). But if the perceptual view of (...) speech comprehension is correct, then meanings (or at least conveyed meanings) are public objects like other perceivable entities. Hence, there is no particular problem of language comprehension, even if meanings originate in “private” mental states. (shrink)

To me, philosophy is the relentless pursuit of 1) how I am to live and die from this moment forward and 2) the meaning of my having been born. This pursuit does not stop until I reach an understanding that satisfies me. If I expand my field of view slightly, it is to understand where humanity came from and where it is going through an intellectual lens. When I entered the ethics program at the University of Tokyo, I thought (...) I could do this sort of thing at a university. This expectation, however, was utterly betrayed. The study of philosophy at Japanese universities in the 1980s was mainly the study of writings by Western philosophers. What was undertaken in the ethics program and neighboring philosophy program was the close reading and interpretation of detailed elements of texts by great philosophers, always in the original language, and this was considered to be philosophy and ethics. I strongly opposed this even as I entered graduate school, and my first presentation given to the Japanese Society for Ethics when I was a graduate student was a critique of this organization.... (This is an English translation of a slightly modified version of my Japanese essay “What Does Doing Philosophy Mean to Me?,” which was published in the August issue of Contemporary Thought (Special Feature: How Philosophy is Made). It offers insight not only into my way of thinking about philosophy but also into the world of contemporary Japanese philosophy.). (shrink)

This paper explores three important interrelated themes in Putnam’s philosophy: language, meaning, and the context-sensitivity of “truth-evaluable content.” It shows how Putnam’s own version of semantic externalism is able to steer a middle course between an internalism about meaning that requires a “language of thought” (or “mentalese”) and a mind-independent realism about meaning that requires Platonic objects (or other such “abstract entities”), while doing justice to how ascriptions of meaning are causally related to the objective world. (...) The following account is able to allow for the primacy of language over thought while ensuring that the content of thought is partially fixed by the external world. The emphasis in Putnam’s later writings on the “context sensitivity” of meaning are often construed as marking a major departure from his earlier thought. It is here argued that such an interpretation involves a misunderstanding both of the commitments of Putnam’s original form of semantic externalism and of the implications of the version of context sensitivity he embraces. (shrink)

Kant’s Formula of Humanity can be analyzed into two parts. One is an injunction to treat humanity always as an end. The other is a prohibition on using humanity as a mere means. The second is often referred to as the FH prohibition or the mere means prohibition. It has become popular to interpret this prohibition in terms of consent. The idea is that, if X uses Y's humanity as a means and Y does not consent to it, then X (...) uses Y's humanity as a mere means. There is then debate about the kind of consent that is relevant: possible, actual, or rational. In this paper, I argue against this interpretation. Section one sets up the consent account. Section two attacks possible and actual consent accounts on doctrinal grounds. Section three extends this doctrinal attack to rational consent accounts. Section four circles back to the original motivation for the consent interpretation. I argue that the consent account rests on a misinterpretation, and I conclude with a quick sketch of an alternative interpretation of the FH prohibition. (shrink)

We advocate an analysis of meaning that departs from the pragmatic slogan that “meaning is use”. However, in order to avoid common missteps, this claim is in dire need of qualification. We argue that linguistic meaning does not originate from language use as such; therefore we cannot base a theory of meaning only on use. It is important not to neglect the fact that language is ultimately reliant on non-linguistic factors. This might seem to oppose the (...) aforementioned slogan, but it will be made clear how this opposition is chimerical. We propose that meaning traces back to the relation between subjectivity and intersubjectivity, which is at the heart of the matter by inducing strong interdependency between intention and interpretation. But to base a full-fledged analysis of meaning in communicative dyads alone is also insufficient. What needs to be further acknowledged is that meaning sharing becomes regulated by the interactions of a community. This we call consensus and it is at play in framing all communicative acts. Hence arises a triadic structure – we call this the meaningsharing network. The main motivation behind this model is to capture that meaning is not “in the head”, nor is it autonomous of the individual members that constitute it. (shrink)

Since Nietzsche, the term “perspectivism” has been used as the name for an ill-defined epistemological position. Some have tried to find an adequate meaning for the word “perspectivism,” tacitly investing it with a set of different predicates, such as “the dependence of cognition on position,” “pluralism,” “anti-universalism,” “epistemic humility,” etc. This approach is related to two contestable attitudes: the monolateral linguistic paradigm and the metaepistemological position of multiplicity of incompatible epistemological programs. The monolateral linguistic paradigm proceeds from the assumption (...) that there is no obligatory connection between word and meaning. This makes it possible to denote logical content by any possible sign, and to explicate the sign in any number of ways. The metaepistemological position of multiplicity of incompatible epistemological programs encourages the support of artificial antagonism in the theory of cognition and the creation of “new” positions with different denotations. These attitudes can be contrasted with the method of empirical “originalist” analysis within the bilateral paradigm, as well as the theory of one epistemology and universal epistemic language. The content of the term “perspectivism” can be reconstructed by analyzing the original meanings of its individual constituent morphemes and their combination. The extremely precise and empirically provable definition of the word “perspectivism” is “the tendency to act by seeing through something”. This points to the problem of the impossibility of analytically deducing from it “the dependence of cognition on position,” “pluralism,” and other predicates. The same problem of inconsistency between the name of the epistemological position and its content is also encountered, for example, in the literature on relativism. It freely attributes a set of doctrinal beliefs to the term “relativism” without explicit linguistic signification of the predicates and blurs the difference between perspectivism and relativism. This points to the inexpediency of constructing epistemological positions on the basis of words denoting one of all possible interrelated cognitive actions, and the need to rethink epistemological practice. (shrink)

The process by which theological texts are understood relies on a particular hermeneutical viewpoint. In the interpretation of a text, hermeneutics considers the original medium as well as what language says, supposes, doesn't say, and implies. The process consists of several steps for attaining the best of the Scriptural author's intended meaning(s). Some important steps are outlined in the article.

Recently it has been argued that autocatalytic theory could be applied to the origin of culture. Here possible application to a theory of meaning in the philosophy of language, called radical interpretation, is commented upon and compared to previous applications.

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, (...) the term “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

The most important problem of modern political philosophy is the loss of politics’ independence from other spheres of human activity. Since the beginning of the last century, philosophers have sought to justify the uniqueness of political being and to update the modern politicalphilosophical vocabulary by redefining the categories of antiquity (e.g. τὸ ᾰ̓γᾰθόν, φῐλία, παρρησία, etc.). The article is devoted to the approach to the rehabilitation of the political sphere based on the political-philosophical experience of the ancient Greeks. The theoretical (...) basis of the study is H. Arendt’s solution of the issue of depoliticization in the context of her reminiscences of the ancient heritage. The author turns to the notion of civic friendship, which largely determines Arendt’s contribution to the discussions on the rehabilitation of politics and acts as a practice endowing the community with political potential. On the basis of Arendt’s interpretation of the political philosophy of Socrates, Plato and Aristotle, the author justifies the appeal to this notion and shows the connection of civic friendship with other categories of ancient thought (truth, opinion, Maieutics). The analysis reveals that the requirement borrowed from Socrates to eliminate truth from the sphere of human affairs puts Arendt’s philosophy in opposition to the tradition of political thought, and the use of political-philosophical categories to describe the human lifeworld allows us to consider it as a version of the hermeneutics of the subject. The author concludes that the justification of politics by means of ancient thought has an original anthropological dimension. It consists in the recognition of the significance of political action for the orientation of man in the world and the assertion of his identity in the community. (shrink)

In current discussions on the problem of the metaphysical nature of the word, four factions – eliminativism, nominalism, originalism, and the type-token theory – take an active part. For eliminativism, words as separate entities do not exist; they are only a useful cognitive illusion. In the process of communication, competent speakers make sounds and inscriptions through which they are able to infer certain intentional contents of each other’s cognitive states. However, these sounds and inscriptions cannot be regarded as instances of (...) words since they do not possess the phonological and orthographic properties constitutive of words. For nominalism, by contrast, the streams of sounds and ink patterns produced by competent speakers serve as relevant instances of a particular word, or its tokens. What we usually call “words” are collections of such tokens, composed on the basis of similarity relations (phono- logical, orthographic or semantic). For originalism, the streams of sounds and ink patterns created by competent speakers are stages of words, understood as continuants, concrete ob- jects preserving identity over time, individualized by the causal history of their origin. Words are created by competent speakers through the practice of naming and spread through chains of interpersonal contact. The phonological, orthographic and semantic properties possessed by different stages of the same word are generally useless for a proper description of objects such as words. At different times of their existence, words can change any of their properties (pronunciation, spelling, and even reference) while preserving their identity in time. For the type-token theory, words are types, or abstract objects encoding a particular phonographic pattern, which in the process of communication must be instantiated by a competent native speaker by uttering or writing the appropriate token. The type-token theory has several ad- vantages over the views of eliminativism, nominalism and originalism. Firstly, it offers a unified ontology of linguistic structures (since the division into tokens and types extends here to the whole range of linguistic units, including sentences and letters). Secondly, unlike most of its competitors, it is able to present a clear operational criterion for word identity, while being consistent with most of our intuitive notions of intra- and cross-linguistic phenomena (homonymy, synonymy, etc.). (shrink)

When “Sinning Against Frege” was published in 1979 I thought it should have given a real turn in the discussion on Frege’s ideas. Actually the impact was less then I imagined, and the problem was that – at the end of the story – Tyler Burge’s interpretation should have posed a shadow on the direct reference theories and the Millean criticism of descriptivist theories of proper names, based on the criticism of the identification of Frege’s notion of sense with linguistic (...) meaning or connotation1. In fact Burge (1979) claims that the identification of Frege’s notion of sense with the notion of linguistic meaning is a «basic misunderstanding» of Frege’s work2. This claim implies that Fregean senses are not like Mill’s connotations; therefore many direct-reference criticisms against Frege, which are grounded on Mill’s claims that proper names have no connotation, lose their efficacy. Burge, in giving specifications3, apparently accepts at least the idea that sense is an aspect of meaning, in particular «the aspect of meaning relevant to fixing the truth value of sentences». This feature is the “harmless” part of the assimilation of sense and linguistic meaning; but this assimilation becomes dangerous when context dependence is concerned. Revisiting Burge (1979), after more than two decades of debate on indexicals, may help to better understand the originality and the limitation of his claims. (shrink)

This article, addressed to Yoga Therapists, sorts out the historical roots of our idea of Yoga, elucidates the colonial interference and distortion of Yoga, and shows that trauma and therapy are the primary focus of Yoga. However, unlike most philosophies of therapy, Yoga's solution is primarily moral philosophical---Yoga itself being a basic ethical theory, in addition to Virtue Theory, Consequentialism and Deontology. This article goes some way to elucidating that it is quite ironic (and absurd) that many feel the need (...) to bring being “trauma-informed” into the title of Yoga education. That’s like the vacuous “chai tea” moniker (“chai” being the Hindi word for tea). Decolonizing our understanding of Yoga involves retrieving the original theory as the primary explanation of the topic, which allows us to understand how various activities, called "yoga," can be ways of practicing the moral philosophy of Yoga. The idea that "yoga" means many things and projects relies upon a contra logical methodology of interpretation which violates constraints of basic reasoning. Putting aside interpretation for explication is part of critical thinking but also our own self therapy. (Originally published in Yoga Therapy Today, a publication of the International Association of Yoga Therapists. Shared with permission.). (shrink)

This paper presents an analysis of Seneca's 58th letter to Lucilius and Porphyry's Isagoge, which were the origin of the tree diagrams that became popular in philosophy and logic from the early Middle Ages onwards. These diagrams visualise the extent to which a concept can be understood as a category, genus, species or individual and what the method of dihairesis (division) means. The paper explores the dissimilarities between Seneca's and Porphyry's tree structures, scrutinising them through the perspective of modern graph (...) theory. Although traditional trees can be interpreted in a modern way, their terms and definitions defy modern standardisation. These distinctions are not only useful for differentiating between Seneca's and Porphyry's trees, but also for comprehending the evolution of this philosophical tradition. Thus the paper highlights the continued significance of these tree diagrams in analysing concepts and categories in philosophy and structuring objects and information in modern fields such as artificial intelligence, computer science, bioinformatics, graph theory, and many more. (shrink)

In this paper I apply a well known tension between cognitive and semantic aspects in Frege’s notion of sense to his treatment of indexicals. I first discusses Burge’s attack against the identification of sense and meaning, and Kripke’s answer supporting such identification. After showing different problems for both interpreters, the author claims that the tension in Frege’s conception of sense (semantic and cognitive) accounts for some shortcomings of both views, and that considering the tension helps in understanding apparently contradictory (...) Fregean claims about sameness of sense of sentences with indexicals. I conclude that the Fregean notion of sense, also in its cognitive aspect, cannot be reduced to linguistic meaning, and that the Fregean tension between two notions of sense may also explain the discussion Frege gives on the indexical “I”, proposing to develop a picture of indexicals as hidden complex demonstratives, as originally suggested by Burge. (shrink)

The composition of a timeline depends on purpose, perspective, and scale – and of the very understanding of the word, the phenomenon referred to, and whether the focus is the idea or concept, an instance of an idea or a phenomenon, a process, or an event and so forth. The main function of timelines is to provide an overview over a long history, it is a kind of a mnemotechnic device or a particular kind of Knowledge Organization System (KOS).b The (...) entries in the timeline should be brief and indisputable. Therefore, timelines often identify the first occurrences rather than the most widespread or most qualified instances leaving the fuller and more complex, and possibly disputable story out. But even first occurrences are often difficult to establish. The first occurrence is most often only the first finding of an instance. Older instances may be found and competing definitions develop either within a field or in different fields. This is further complicated since the phenomena, their names, and their meanings may change over time. Former meanings may become redundant, or they must accommodate and coexist with new meanings. The time and place of the composition of the timeline are to be considered in interpreting the things listed. The following note will discuss these issues as they occur in the development of the notions of text, e-text and hypertext, and the origin of machine translation. (shrink)

The author interprets three stories from recently Neolithic cultures (Melanesian, African Bushman, and Inuit) and a fourth story from an oral tradition of Haitian women. All four are about women and perhaps, judging by their content, composed by women. The author trained with Edward Whitmont and developed his interpretation technique in decades of practice with dreams as a Jungian analyst. He adds a new tool, the use of repetition, in which the same point is made by a series of different (...) details. Repetition provides an internal test for the accuracy of an interpretation. The author updates Jung’s concept of archetypes to incorporate an understanding of Darwinian evolution (which Jung lacked), new knowledge of the function of genes, and new knowledge of the emergence of complexity in dynamic and adaptive systems. He compares his interpretations of the four stories with other scholars’ interpretations, in particular the extraordinary work of Michael Wessels on African Bushman legends. Though Wessels criticized Jung for imposing his ‘colonial’ theory of universal archetypes, both Jung and Wessels insisted that interpretation requires a dialogue between two agents in which both are subjects, neither being dominated or objectified. In the four stories, the author shows, symbolic consciousness began with women. The anthropologist Chris Knight proposed something similar in 1991 in his controversial book Blood Relations: Menstruation and the Origins of Culture. (shrink)

The consistent histories reformulation of quantum mechanics was developed by Robert Griffiths, given a formal logical systematization by Roland Omn\`{e}s, and under the label `decoherent histories', was independently developed by Murray Gell-Mann and James Hartle and extended to quantum cosmology. Criticisms of CH involve issues of meaning, truth, objectivity, and coherence, a mixture of philosophy and physics. We will briefly consider the original formulation of CH and some basic objections. The reply to these objections, like the objections themselves, (...) involves a mixture of physics and philosophy. These replies support an evaluation of the CH formulation as a replacement for the measurement, or orthodox, interpretation. (shrink)

Double negations are easily recognised in both the so-called “negative literature” and the original texts of some important scientific theories. Often they are not equivalent to the corresponding affirmative propositions. In the case the law of double negation fails they belong to non-classical logic, as first, intuitionist logic. Through a comparative analysis of the theories including them the main features of a new kind of theoretical organization governed by intuitionist logic are obtained. Its arguing proceeds through doubly negated propositions (...) and ad absurdum arguments. Then, the final doubly negated predicate is translated in the corresponding affirmative one, from which all the consequences are deduced in order to test them against reality. According to this model the true formalization of intuitionist logic is Kolmogorov’s 1932 paper. The above analysis also shows that modal words play an auxiliary or substitutive role to intuitionist propositions. In addition, it is shown that Vasiliev’s paraconsistent logic is represented through doubly negated propositions. By means of these three kinds of logic one can attribute a specific kind of logic to each of the three distinct steps of the process of building a scientific theory from the experimental data to its final theoretical system. It is also shown that the definition of negation is of a structural kind, rather than of an objective kind or a subjective kind: it has to be referred to the organization of the theory to which it belongs. (shrink)

Along with “epoché” or his “reductions”, Husserl’s “noema” and “noesis”, being neologisms invented by him, are main concepts in phenomenology able to represent its originality. Following the trace of a recent paper (Penchev 2021 July 23), its formal and philosophical approach is extended to both correlative notions, in the present article. They are able to reveal the genesis of the world from consciousness in a transcendental method relevant to Husserl, but furthermore described formally as a process of how subjective temporality (...) appears being isomorphic to objective temporality of the “world by itself” (an abstraction meaning it out of consciousness or transcendental consciousness): thus, it shares the same mathematical structure, which is embodied in the physical process of decoherence by the physical quantity of quantum information. The temporal world is able to appear naturally (rather as a ridiculous effect of the mythical “Big Bang”). The same process translated by formal and mathematical tools as interpreted in terms of “noema”, “noesis”, or transcendental consciousness is isomorphic to how “Self” (including in an individual and psychological sense) appears in virtue of transcendental consciousness. (shrink)

The so-called “Baldwin Effect” has been studied for years in the fields of Artificial Life, Cognitive Science, and Evolutionary Theory across disciplines. This idea is often conflated with genetic assimilation, and has raised controversy in trans-disciplinary scientific discourse due to the many interpretations it has. This paper revisits the “Baldwin Effect” in Baldwin’s original spirit from a joint historical, theoretical and experimental approach. Social Heredity – the inheritance of cultural knowledge via non-genetic means in Baldwin’s term – is also (...) taken into consideration. I shall argue that the Baldwin Effect can occur via social heredity without necessity for genetic assimilation. Computational experiments are carried out to show that when social heredity is permitted with high fidelity, there is no need for the assimilation of acquired characteristics; instead the Baldwin Effect occurs as promoting more plasticity to facilitate future intelligence. The role of mind and intelligence in evolution and its implications in an extended synthesis of evolution are briefly discussed. (shrink)

This is a thoroughly revised version of a paper that I originally presented at the "Kant in Asia" international conference on "The Unity of Human Personhood, held in Hong Kong in May of 2009. After explaining what Kant means by his "architectonic" form of reasoning, I argue that the Yijing (the Chinese "Book of Changes") exhibits the same type of reasoning. I contrast two uses of architectonic reasoning: divining the truth vs. divination. The article concludes with an illustration of how (...) the Yijing might be used as a guidebook for obtaining wisdom. (shrink)

Kant scholars have rarely addressed the notion of optimism as it was interpreted by the Königsbergian philosopher in the mid-18th century. The notion originates from Leibniz’s Theodi­cy and from debates over whether the actual world is the best of all possible worlds. The first of a two-part series, this article studies the historical context in which appeared Kant’s 1759 lecture advertisement leaflet entitled An Attempt at Some Reflections on Optimism. The study describes the requirements of the 1755 Berlin Academy of (...) Sciences’ competition for a comparison of G. W. Leibniz’s and A. Pope’s systems and an assessment of optimism. Another focus is the philological difficulties of translating Pope’s proposition “Whatever is, is right” into the French language — which was part of the competition task. The author considers the ways the proposition was translated into the Russian and German languages. The article shows the contribution of Voltaire and his Poem on the Lisbon Disaster and Candide: or, Optimism to the post factum changes in the perception of the competition results and to the emergence of new shades of meaning in the concept of optimism. The Lisbon earthquake of 1755 had a profound effect on Europe and on the perception of optimism and of the idea that the actual world is the best of all possible worlds. However, Kant’s epistolary legacy leads one to the conclusion that the philosopher examined the problem in the framework of a polemic on Crusian philosophy. This article presents Crusius’s arguments against the theory that this is the best of all possible worlds and in favour of the theory that there are several good worlds. God’s choice of the actual world owes therefore to the freedom of contradiction (libertas contradictionis) and to the freedom of contrariety (libertas contrarietatis), which are eliminated in the teaching of optimism. (shrink)

[Does the gymnosophist’s reply to Alexander’s question on the origin of time indeed reflect an Indian doctrine?] The episode of Alexander’s interview with the gymnosophists has come down to us in several versions, among which the one in Plutarch’s Vita Alexandri is the most renowned. In this connection, the question arises whether the solutions given by the naked philosophers to the puzzles propounded by Alexander can be shown to reflect genuine Indian doctrines. Challenging Dumézil’s reply in the affirmative, the author (...) contends that they cannot. While most questions and answers are scarcely relevant to the investigation, as being of little (if any) philosophical import, the analysis concentrates on the more significant ones, and especially on the solution offered to the question as to which of the two — day or night — came first. According to Dumézil, the gymnosophist’s answer reported by Plutarch, i. e. that the day came first, by one day, reflects the vedic doctrine of the primeval cosmogonic role of Dawn and Light. Against this may be argued in the first place that such doctrine does not enjoy any prominent status in the Vedas themselves — quite to the contrary, it stands up disadvantegeously to many all-important texts, such as the Nāsadīyasūkta, which assign the primeval status to Darkness — and cannot therefore be regarded as being specifically Indian any more than its opposite. Secondly, it is shown that the Greek tradition is at great variance on this very point, to the extent that all logically conceivable solutions (i. e., precedence of day by one day / day by one night / night by one day / night by one night) are represented in some version or other. This inconsistency appears to stem from the fact that no particular doctrine (Indian or whatever) was envisaged; according to the present author, we have reason to believe that the gymnosophist’s reply was rather meant to set off by means of a paradox the sheer impossibility of a solution (all four alternatives being equivalent to that effect). This interpretation is reinforced by the gymnosophist’s own remark confessing the aporetical nature of his reply, and finally by a further recourse to paradox — this time a variant of the well-known “paradox of the liar” — which the author lays bare in the otherwise inexplicable dénouement of the anecdote. (shrink)

The truth of a statement depends on the world in two ways: what the statement says is true if the world is as the statement says it is; on the other hand, what the expressions in the statement mean depends on what the world is like (for instance, on what conventions are in place). Each of these two kinds of dependence of truth on the world corresponds to one of the dimensions on the two-dimensional semantic framework, developed in the 1970’ (...) in the work of Evans, Kaplan, Kripke and Stalnaker. The introduction provides a systematic overview of the framework, the ideas of its earlier originators, recent developments and criticism. Finally, it gives a brief overview over the contributions to the volume. (shrink)

This article investigates the original meaning of dependent arising in the Buddha’s teaching, by focussing on the imasmi" sati formula. Modern scholars such as the Rhys Davidses, K.N. Jayatilleke and Paul Williams have interpreted it as a princi- ple of causation, comparable to a scientific conception of causation. I argue instead that this formula implies that the Buddha held that causation is nothing more than the correlation of causes and effects, and that it commits the Buddha to a (...) Humean regularity thesis about causation. I draw a distinction between the Buddhist and scientific concepts of causation, and then summarise an alternative approach made by more recent scholars such as Sue Hamilton, Noa Ronkin and Eviatar Shulman, who present dependent arising in terms of conditionality in the causal structure of subjective experience. I conclude by presenting the argument that the imasmi" sati formula does not express a principle of causation but is rather a formula for the method of discovering and presenting causation as conditionality in experience. (shrink)

Part one of this two-part paper looked at the modern semantic developments underlying Gilson’s innovative and highly influential semantic theory in Being and Some Philosophers (BSP)—the existential neutrality of the copula, the distinction between predication and some positing or “thetic” function of judgment, and the distinction between predication and assertion. The present part of this paper offers a rereading of Gilson’s work in light of this modern backdrop. It argues that Gilson’s BSP, rather than being a purely historical exegesis of (...) the logical writings of a thirteenth-century friar, is a work of original philosophizing inspired by Aquinas, but principally engaged with modern debates. In particular, it advances a Brentano- inspired reading of Aquinas in place of Maritain’s Pfänder-inspired reading of him. Rereading Gilson in his historical setting clarifies the meaning and implication of many phrases and theses that have become commonplaces in philosophical discourse, in part because of Gilson’s work. (shrink)