The Black antislavery theorist Quobna Ottobah Cugoano (c.1757–c.1791) is increasingly recognized as a noteworthy figure in the history of philosophy. Born in present-day Ghana, Cugoano was enslaved at the age of 13 and shipped to Grenada, before being taken onwards to England, where the 1772 Somerset court ruling in effect freed him. His Thoughts and Sentiments on the Evil of Slavery [1787/1791] broke new ground by demanding the immediate end of the slave-trade and of slavery itself, without any compensation to (...) slaveholders. Notwithstanding this, Cugoano endorsed the legitimacy of penal enslavement on principled grounds – like many other abolitionists writing in late eighteenth-century Britain. “Every free community might keep slaves, or criminal prisoners in bondage” – and even sell them. Amidst the growing literature exploring Cugoano’s abolitionism, his paradoxical justification of penal slavery has bewildered commentators. Far from an offhand inconsistency, I argue that this justification is deeply embedded within his moral and legal philosophy; constraining his antislavery arguments while simultaneously serving retaliatory aims. His two-pronged principle of just punishment – the lex talionis (‘eye for an eye, bondage for bondage’) as tempered by mercy – sometimes demands penally enslaving colonial slaveholders and slave-traders in turn. Throughout, I compare Cugoano’s justification of penal enslavement with those of other early modern philosophers, especially Locke and Kant. This helps me position Cugoano within the history of philosophy, thus making his views more accessible to a wider philosophical audience. It also indicates just how deeply theories of punishment shaped philosophical thinking about penal bondage in the period. (shrink)

The doctrine of penal substitution claims that it was good (or required) for God to punish in response to human sin, and that Christ received this punishment in our stead. I argue that this doctrine’s central factual claim—that Christ was punished by God—is mistaken. In order to punish someone, one must at least believe the recipient is responsible for an offense. But God surely did not believe the innocent Christ was responsible for an offense, let alone the offense of (...) human sin. So, the central factual claim is mistaken. In the final section, I show that this critique of penal substitution does not apply to the closely-related Anselmian satisfaction theory. (shrink)

According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on (...) the brain — have been used as aids to rehabilitation, typically being imposed as part of criminal sentences, separate treatment orders, or conditions of parole. Examples of such interventions include medications intended to attenuate addictive desires in substance-abusing offenders and agents intended to suppress libido in sex offenders.This chapter reviews some of the ethical issues raised by the use of neurointerventions as aids to rehabilitation. (shrink)

According to some philosophers, a necessary condition of morally permissible punishment is that it communicates deserved censure for the offender’s wrongdoing. The author calls this the Communicative Condition of punishment. The chapter considers whether the use of mandatory crime-preventing neurointerventions is compatible with the Communicative Condition. The author argues that it is not. If we accept the Communicative Condition, it follows that it is impermissible to administer mandatory neurointerventions on offenders as punishment. The author then considers whether it is permissible (...) to offer an offender a neurointervention as a replacement for incarceration or in exchange for a shorter sentence. He notes that this could meet the Communicative Condition, although, somewhat oddly, only in cases where the neurointerventions have harmful effects. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, and (...) more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social schemas. This paper makes (...) the case that criminal legal interventions aimed at changing sexist social schemas, such as ‘rape culture,’ are unlikely to be successful because criminal law is effective at maintaining existing social norms, but bad at introducing novel ones. Similarly, in the US, criminality has been ideologically linked to blackness, so attempts to use the stigma of criminality to combat sexual violence are likely to reinforce anti-black racism. The very meaning of a criminal law depends on related social schemas, and the racist social schemas associated with criminality undermine the ability of criminal legal responses to present anti-sexist values. At best, criminal legal reforms aimed at expressing the equal dignity of women will be ambiguous because their meaning is negotiated by existing sexist and racist social schemas. Thus, penal expressivism cannot offer a justification for using criminal law to combat sexual assault. (shrink)

This article presents a new account of the relationship between Michel Foucault’s work and neoliberalism, aiming to show that the relationship is significantly more complicated than either Foucault’s critics or defenders have appreciated in the recent controversy. On the one hand, I argue that Foucault’s salutary response to some of Gary Becker’s ideas in the lecture course from 1979 should be read together with the argument of Discipline and Punish. By means of this contextualization I show that Foucault’s sympathetic response (...) to Becker is limited to the domain of penal practices, specifically concerning the question of how to resist their rationality of normalization, and thus it involves no broader commitment to neoliberal economic theory or its political implications. On the other hand, however, I argue that there is a strategic allegiance between Foucault’s work and the ascendance of the neoliberal rationality of governing, although it has nothing to do with his sympathetic engagement with Becker’s work. Instead, I explain how Foucault’s focus on the political stakes of subjectivity has helped to congeal, in the posthumous neoliberal context, a conception of politics that leaves out the topic of economic equality. To explain how Foucault’s work has had this unintended yet lasting effect, I introduce the concept of topical exclusion. It designates a social mechanism of producing ignorance, which operates by directing attention instead of creating false consciousness. The strategic relationship between Foucault’s work and neoliberalism today illustrates that this type of explanation is essential in the analysis of power relations. Thus, my account motivates the adoption of topical exclusion as a conceptual supplement that equips the Foucaultian framework to study cases in which relations of power harness, produce, and sustain ignorance, not knowledge. (shrink)

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...) in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

Classically, Christians have professed the saving efficacy of the cross. Does Karl Rahner? Recent commentary on Foundations of Christian Faith has described Rahner as conflating “atonement” generally with penal substitutionary theories of a changing God, as ruling out the redemptive significance of Christ’s death, and as denigrating the normativity of Scripture in order to do so. This article responds to these claims, unfolding Rahner’s soteriology and arguing that he advances a theology of the cross which affirms its saving efficacy, (...) including in the last decade of his work. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity (...) to address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

Reinach est connu pour défendre une théorie a priori du droit civil. Cette position, qui se dit inspirée de Husserl, est usuellement qualifiée de « platonisme » dans la littérature secondaire. Elle se comprend comme intuition des essences, projet de phénoménologie eidétique que Reinach fait remonter à Platon. Une position qui est rejetée par Reinach en philosophie du droit est le « psychologisme », thèse tendant à expliquer le droit par référence à la psyché. L’hostilité de Reinach à l’égard du (...) psychologisme semble être une hostilité à l’égard de lui-même : en tant qu’élève de Lipps, Reinach avait écrit une thèse sur la notion de causalité en droit pénal, dans laquelle il faisait jouer à la psychologie un rôle fondateur pour le droit. Dans mon exposé, je retracerai l’évolution de Reinach sur ces questions, en repartant de sa thèse et des travaux de Lipps sur lesquels elle se base pour la comparer aux écrits reinachiens plus tardifs et leur rapport tant à Platon qu’à Husserl. (shrink)

When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...) relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment. (shrink)

I shall argue that advocates of denunciatory forms of expressivism can make a good case for restricting the range of measures that can be an appropriate form of punishment. They can do so by focusing not on the conditions of uptake of the message conveyed by punishment, but by the content of that message. For it is plausible that part of that message should be that the offender is a responsible agent and a member of the political community. Forms of (...) punishment which do not treat the offender as such are, for that reason unacceptable. Among the forms of punishment which are thereby ruled out are the extended use of solitary confinement, since this undermines the capacity for moral agency – and permanent felon disenfranchisement. -/- I also address two objections to this line of argument. One focuses on penal practices involving those who are not members of the political community: resident aliens and minors. These two cases raise different issues, but they both appear to show that justifiable punishment does not need to communicate a message which has components affirming agency and membership of a political community. I argue that in both cases the justifiability of punishment piggy-backs on the kind of justification available in the standard case. A second objection suggests that the offender has excluded themselves from the political community, and that measures that recognize this are therefore acceptable: I argue that very few offences, if any, have this character. ---. (shrink)

Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus and specific difference, (...) exploring his criminology as a case of his general sociology. This procedure shows that Tarde succeeded in creating a comprehensive theory of crime and criminals founded not only on his most well-known concept, imitation, but also on his equally important concepts of invention, opposition, social logic and social teleology. For Tarde, crime is a complex phenomenon related to criminal inventions, criminal propagations, the production of penal laws, the execution of controls and punishments, and the collective reactions to all these. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After (...) detailing the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

The paper aims to briefly look into the civil law remedies of CISG from the perspective of economic efficiency. It mainly illustrates the basic tools of remedies in CISG, and discusses its strengths and flaws from the standpoint of economic deals normally present in most of commercial transactions. As many literature have long contributed to the legal economic discourse, our discussion, as a matter of course, largely depends on the current stronghold, or prospect that those theories espouse. Generally, the remedies (...) in CISG have two basic pathways addressing or penalizing the breach of contract from one party, namely specific performance and damages award. Other instruments to deal with the breach of contract cover a cure of defect, repudiation to perform a contract, additional period to perform a contractual duty, avoidance of contract and etc. This group of instruments can be classed as a privately administered remedies for our purpose of analysis. On this assumption, we can find many aspects of strengths in economic terms, but some paucity that the prescribed approach cannot properly address the best of economics between the contracting parties. This paucity comes mainly because the lawmakers normally could not pre-consider all circumstances among the individual contracting parties. For this reason, this paper argues in favor of privately administered remedies to fill the paucity of two typical remedies. Moreover, the contractual negotiation or design of contract is considered very important as the contracting parties are most informed about their best of economics besides the official lawmakers. The paper concludes with a short discussion of the electronic commerce in comparison with the traditional domestic and international commerce. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

There is no doubt that slurs harm. They do so by denigrating their targets, by putting them down, by marginalizing them. This is why in many legislations around the world, the use of slurs has been banned or penalized. But should all uses of slurs be banned? Many uses of slurs are non-derogatory and seem to have beneficial effects. However, such uses are double-faceted: as both armchair reflection and experimental studies have shown, they are able to produce harm as well. (...) In this paper, I approach the broad question of whether all non-derogatory uses of slurs should be banned. I first present the main uses of slurs that have been considered to be non-derogatory and recent reactions to those. The upshot of this survey is that uses of slurs that have been considered non-derogatory do, in fact, produce harm. I also flag what various authors have recommended in relation to the issue of banning such uses. Against this background, I engage with a recent view put forward by Alba Moreno Zurita and Eduardo Pérez-Navarro, who urge extreme caution with respect to any uses of slurs, due to their potential to normalize derogation. After presenting their view and their main argument, I raise an objection related to their treatment of neutral uses of slurs. I end with pointing out that, while their endeavour has merit in that it pushes the discussion further, it raises certain issues that need addressing, both empirical and normative. (shrink)

There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the (...) seed planted by Fricker has flourished into a rich field of study in which the concept is used to analyze many different phenomena in law, not always following the original characterization provided by her. This has led to a distinction between what we will call the narrow version of the concept, which is closer to Fricker’s original account, and the wider version of epistemic injustice, which is a more controversial notion because it is always on the verge of morphing into other well-known concepts like sexism, racial discrimination, oppression, silencing, and gaslighting. We will show that the value of the narrow version is mostly theoretical, and that in order to use the concept of epistemic injustice one must adopt a more liberal understanding of it. (shrink)

When you type the word “serendipity” in a word-processor application such as Microsoft Word, the autocorrection engine suggests you choose other words like “luck” or “fate”. This correcting act turns out to be incorrect. However, it points to the reality that serendipity is not a familiar English word and can be misunderstood easily. Serendipity is a very much scientific concept as it has been found useful in numerous scientific discoveries, pharmaceutical innovations, and numerous humankind’s technical and technological advances. Therefore, there (...) have been many books written around the concept. So why do we need this additional book? This is not just another book about serendipity. It has evolved from the Editor’s question lingering for a decade after finishing his widely cited article (coauthored with Prof. Nancy K. Napier of Boise State University, ID, USA) “Serendipity as a strategic advantage?” in T. Wilkinson’s edited volume Strategic Management in the 21st Century, published by Praeger. The Editor and contributing authors have tried to achieve the following in this title. Demystifying the Serendipity Myth The phenomenon of serendipity has always been thought of as a “miracle”. It is the mystery of human innovation and one of the ultimate secrets of our society. But serendipity is not just a lucky coincidence nor any hidden conspiracy. This book explores the science of the information process behind this seemingly miraculous phenomenon. It connects human society with nature, going back to the root of our existence and looking at the flame of survival to discover the harmony in making creativity. Presenting the nuts and bolts of being an adventurer of science The authors present their conceptual investigations into serendipity’s nature and its mechanism by examining interesting real events and stories. The content is thought-provoking, and readers are led to question and explore their own life stories and problems along the journey of reading this book. Catching an elusive high-value target requires great strategies and efforts. But there are no dark secrets here because this is the “way of nature” – how we humans have always strived for innovation without realizing the blueprints behind such processes. Unlike other books on serendipity, this book will show you that a powerful “secret” is closer than you think. Delivering practical uses for different audiences By understanding the conditionality and survival drivers of serendipity, individuals or organizations can make better decisions on creating the right environment to facilitate the encounter and attainment of this valuable phenomenon. For scientists: With clear explanations of the information processes underlying serendipity, flexible theoretical frameworks of mindsponge and the 3D principle of creativity, researchers are provided with the tools they need to dig deeper into their own fields of study and find practical applications, be it psychology, economics, sociology, or anything that involves innovation (which is, in fact, every scientific discipline). For curious casual readers: Everybody needs innovation to make breakthroughs or spice up one’s life. If you think great ideas come to people randomly from an unknown fairy place, this book will convince you otherwise without taking away that awe and wonder. But above all, you will know how to become more creative, scientifically and straightforwardly, with no snake oil and no weird tricks. For ambitious business people: The flame that brought about great successes throughout human history is within you. But you can only use it if you understand it. While others wait for serendipity to come, you will be able to actively hunt for those precious moments. As it has always been: the best hunters triumph, not the passive wanderers. And in this age of information chaos, finding the golden fruits is not easy. Those from information technology know this problem well, and this book is the treasure map that they have been seeking to navigate that stormy ocean looking for jewels. Like a kingfisher tracking its prey through the water, waiting to gracefully strike, with serendipity, a person seizes the prize of creativity amid the chaos of life. ¤ ¤ ¤ Official introduction: The book explores the nature, underlying causes, and the information processing mechanism of serendipity. It proposes that natural or social survival demands drive serendipity, and serendipity is conditional on the environment and the mindset, on both individual and collective levels. From Darwin's evolution theory to Sun Tzu's war tactics, major innovations throughout human history are unified by this key concept. In the rapidly changing world, information is abundant but rather chaotic. The adaptive power of serendipity allows people to notice treasures within this wild sea, but only for those who understand how it works. To increase the probability of encountering and attaining serendipity, one should employ the mindsponge mechanism and the 3D process of creativity, for without these frameworks, serendipity is truly an elusive target. The book also discusses methods to build environments and cultures rich in navigational and useful information to maximize the chance of finding and capitalizing on serendipity. As a skill, serendipity has a resemblance to how kingfishers observe and hunt their prey. (shrink)

In this paper, we present an intelligent tutoring system developed to help students in learning Computer Theory. The Intelligent tutoring system was built using ITSB authoring tool. The system helps students to learn finite automata, pushdown automata, Turing machines and examines the relationship between these automata and formal languages, deterministic and nondeterministic machines, regular expressions, context free grammars, undecidability, and complexity. During the process the intelligent tutoring system gives assistance and feedback of many types in an intelligent manner according (...) to the behavior of the student. An evaluation of the intelligent tutoring system has revealed reasonably acceptable results in terms of its usability and learning abilities are concerned. (shrink)

This document represents some preliminary and unpublished content of a chapter in the edited book titled A New Theory of Serendipity: Nature, Emergence and Mechanism, which will soon be published and distributed by De Gruyter Poland (Sciendo Imprint; part of Walter de Gruyter GmbH, Berlin, Germany). A proper referencing should be like: Quan-Hoang Vuong, Tam-Tri Le, Quy Khuc, Minh-Hoang Nguyen. (2022). A new theory of serendipity. In: QH Vuong. (Ed.) A New Theory of Serendipity: Nature, Emergence and (...) Mechanism (pp. 91-108). Berlin, Germany: De Gruyter. (shrink)

Husserl’s early picture of explanation in the sciences has never been completely provided. This lack represents an oversight, which we here redress. In contrast to currently accepted interpretations, we demonstrate that Husserl does not adhere to the much maligned deductive-nomological (DN) model of scientific explanation. Instead, via a close reading of early Husserlian texts, we reveal that he presents a unificationist account of scientific explanation. By doing so, we disclose that Husserl’s philosophy of scientific explanation is no mere anachronism. It (...) is, instead, tenable and relevant. We discuss how Husserl and other contemporary thinkers draw theoretical inspiration from the same source—namely, Bernard Bolzano. Husserl’s theory of scientific explanation shares a common language and discusses the same themes as, for example, Phillip Kitcher and Kit Fine. To advance our novel reading, we discuss Husserl’s investigations of grounding, inter-lawful explanation, intra-mathematical explanation, and scientific unification. (shrink)

This paper develops a question-sensitive theory of intention. We show that this theory explains some puzzling closure properties of intention. In particular, it can be used to explain why one is rationally required to intend the means to one’s ends, even though one is not rationally required to intend all the foreseen consequences of one’s intended actions. It also explains why rational intention is not always closed under logical implication, and why one can only intend outcomes that one (...) believes to be under one’s control. (shrink)

This paper articulates and defends a novel hybrid account of well-being. We will call our view a Robust Hybrid. We call it robust because it grants a broad and not subservient role to both objective and subjective values. In this paper we assume, we think plausibly but without argument, that there is a significant objective component to well-being. Here we clarify what it takes for an account of well-being to have a subjective component. Roughly, we argue, it must allow that (...) favoring attitudes that are not warranted by the lights of objective values can ground benefits. Given this understanding, we show that there is an important and unrecognized expansion in the resources available to fully objectivist views: namely that such views can help themselves to the value of warranted love of objective goods. Such a move by the objectivist can help them respond to concerns that, on their view, a person’s well-being can be too alien to them. We next argue that, nonetheless, such objectivist views are still unconvincing due to their lack of a subjective component. This motivates a move from fully objective accounts to hybrid accounts. We show that many prominent hybrid theories in the literature are inadequate because they implausibly minimize the subjective component. This motivates a move to a robust hybrid view that has an expanded subjectivist component. We conclude with some remarks about the interrelation between the subjective and objective components in the hybrid account that we favor and a role for resonance in a theory of well-being other than serving as a hard constraint on any benefit. (shrink)

Experiments in particle physics have hitherto failed to produce any significant evidence for the many explicit models of physics beyond the Standard Model (BSM) that had been proposed over the past decades. As a result, physicists have increasingly turned to model-independent strategies as tools in searching for a wide range of possible BSM effects. In this paper, we describe the Standard Model Effective Field Theory (SM-EFT) and analyse it in the context of the philosophical discussions about models, theories, and (...) (bottom-up) effective field theories. We find that while the SM-EFT is a quantum field theory, assisting experimentalists in searching for deviations from the SM, in its general form it lacks some of the characteristic features of models. Those features only come into play if put in by hand or prompted by empirical evidence for deviations. Employing different philosophical approaches to models, we argue that the case study suggests not to take a view on models that is overly permissive because it blurs the lines between the different stages of the SM-EFT research strategies and glosses over particle physicists' motivations for undertaking this bottom-up approach in the first place. Looking at EFTs from the perspective of modelling does not require taking a stance on some specific brand of realism or taking sides in the debate between reduction and emergence into which EFTs have recently been embedded. (shrink)

The pejorative connotation often associated with the ordinary language meaning of “conspiracy theory” does not only stem from a conspiracy theory’s being about a conspiracy, but also from a conspiracy theory’s being regarded as a particular kind of theory. I propose to understand conspiracy theory-induced polarization in terms of disagreement about the correct epistemic evaluation of ‘theory’ in ‘conspiracy theory’. By framing the positions typical in conspiracy theory-induced polarization in this way, I (...) aim to show that pejorative conceptions of ‘conspiracy theory’ are problematic for research open to the possibility of finding depolarization strategies. That is, because they preclude constructive engagement with the epistemic norms governing (the rationales foundational of) belief in conspiracy theories. (shrink)

Abstract: In this essay I outline a radical kind of virtue theory I call exemplarism, which is foundational in structure but which is grounded in exemplars of moral goodness, direct reference to which anchors all the moral concepts in the theory. I compare several different kinds of moral theory by the way they relate the concepts of the good, a right act, and a virtue. In the theory I propose, these concepts, along with the concepts of (...) a duty and of a good life, are defined by reference to exemplars, identified directly through the emotion of admiration, not through a description. It is an advantage of the theory that what makes a good person good is not given a priori but is determined by empirical investigation. The same point applies to what good persons do and what states of affairs they aim at. The theory gives an important place to empirical investigation and narratives about exemplars analogous to the scientific investigation of natural kinds in the theory of direct reference. (shrink)

Self-determination theory, like other psychological theories that study eudaimomia, focuses on general processes of growth and self-realization. An aspect that tends to be sidelined in the relevant literature is virtue. We propose that special focus needs to be placed on moral virtue and its development. We review different types of moral motivation and argue that morally virtuous behavior is regulated through integrated regulation. We describe the process of moral integration and how it relates to the development of moral virtue. (...) We then discuss what morally virtuous individuals are like, what shape their internal moral system is expected to take and introduce moral self-concordance. We consider why morally virtuous individuals are expected to experience eudaimonic well-being. Finally, we address the current gap in self-determination theory research on eudaimonia. (shrink)

1. The Bundle Theory I shall discuss is a theory about the nature of substances or concrete particulars, like apples, chairs, atoms, stars and people. The point of the Bundle Theory is to avoid undesirable entities like substrata that allegedly constitute particulars. The version of the Bundle Theory I shall discuss takes particulars to be entirely constituted by the universals they instantiate.' Thus particulars are said to be just bundles of universals. Together with the claim that (...) it is necessary that particulars have constituents, the fundamental claim of the Bundle Theory is: (BT) Necessarily, for every particular x and every entity y, y constitutes x if and only ify is a universal and x instantiates y. 2 The standard and supposedly devastating objection to the Bundle Theory is that it entails or is committed to a false version of the Principle of Identity of Indiscernibles (Armstrong 1978: 91, Loux 1998: 107), namely: (Pll) Necessarily, for all particulars x and y and every universal z, if z is instantiated by x if and only if z is instantiated byy, then x is numerically identical with y. The most famous counterexample to the Identity of Indiscernibles is that put forward by Max Black, consisting of a world where there are only two iron spheres two miles apart from each other, having the same diameter, temperature, colour, shape, size, etc (Black 1952: 156). Let us from now on think of the properties of the spheres in this world as universals. The possibility of this world, which I shall hereafter refer to as 'Black's world', makes (Pll) false.' And according to common philosophical opinion this means that the Bundle Theory is false.. (shrink)

This paper investigates the logic of reasons. Its aim is to provide an analysis of the sentences of the form ‘p is a reason for q’ that yields a coherent account of their logical properties. The idea that we will develop is that ‘p is a reason for q’ is acceptable just in case a suitably defined relation of incompatibility obtains between p and ¬q. As we will suggest, a theory of reasons based on this idea can solve three (...) challenging puzzles that concern, respectively, contraposing reasons, conflicting reasons, and supererogatory reasons, and opens a new perspective on some classical issues concerning non-deductive inferences. (shrink)

According to some critics of liberal individualism, it is fundamentally problematic that individualists focus on rights instead of community and on decision-making processes instead of substantial goods. Among other things, it is claimed that liberal individualism therefore fails to provide meaning to people’s lives. The view has recently gained momentum as it has been incorporated in novel conservative and nationalist arguments. This article presents an individualist theory of meaning in response to a recent nationalist reiteration of the critique. The (...) theory is that a continuous pursuit of self-endorsement by a perfected, liberal, version of oneself provides purpose and direction in life. This allows the individual to be the ultimate arbiter in meaning-building matters, as the theory locates meaning in the individual’s decision-making processes rather than in factors external to her. The theory acknowledges the interdependence of human beings but remains loyal to the view that the value of the individual generally trumps competing values, such as that of the collective. (shrink)

This paper examines the evolution of Husserl’s philosophy of nonintuitive intentions. The analysis has two stages. First, I expose a mistake in Husserl’s account of non-intuitive acts from his 1901 Logical Investigations. I demonstrate that Husserl employs the term “signitive” too broadly, as he concludes that all non-intuitive acts are signitive. He states that not only meaning acts, but also the contiguity intentions of perception are signitive acts. Second, I show how Husserl, in his 1913/14 Revisions to the Sixth Logical (...) Investigation, amends his 1901 theory of non-intuitive acts, which he now calls “empty” intentions. He there accurately distinguishes empty meaning acts from the empty intentions of perception. In the conclusion, I reveal how Husserl’s alterations to his theory of non-intuitive intentions can inform our understanding of a larger shift in his philosophy. (shrink)

The function of a trait token is usually defined in terms of some properties of other (past, present, future) tokens of the same trait type. I argue that this strategy is problematic, as trait types are (at least partly) individuated by their functional properties, which would lead to circularity. In order to avoid this problem, I suggest a way to define the function of a trait token in terms of the properties of the very same trait token. To able to (...) allow for the possibility of malfunctioning, some of these properties need to be modal ones: a function of a trait is to do F just in case its doing F would contribute to the inclusive fitness of the organism whose trait it is. Function attributions have modal force. Finally, I explore whether and how this theory of biological function could be modified to cover artifact function. (shrink)

This is a chapter of the planned monograph "Out of Nowhere: The Emergence of Spacetime in Quantum Theories of Gravity", co-authored by Nick Huggett and Christian Wüthrich and under contract with Oxford University Press. (More information at www<dot>beyondspacetime<dot>net.) This chapter introduces causal set theory and identifies and articulates a 'problem of space' in this theory.

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

The naive theory of properties states that for every condition there is a property instantiated by exactly the things which satisfy that condition. The naive theory of properties is inconsistent in classical logic, but there are many ways to obtain consistent naive theories of properties in nonclassical logics. The naive theory of classes adds to the naive theory of properties an extensionality rule or axiom, which states roughly that if two classes have exactly the same members, (...) they are identical. In this paper we examine the prospects for obtaining a satisfactory naive theory of classes. We start from a result by Ross Brady, which demonstrates the consistency of something resembling a naive theory of classes. We generalize Brady’s result somewhat and extend it to a recent system developed by Andrew Bacon. All of the theories we prove consistent contain an extensionality rule or axiom. But we argue that given the background logics, the relevant extensionality principles are too weak. For example, in some of these theories, there are universal classes which are not declared coextensive. We elucidate some very modest demands on extensionality, designed to rule out this kind of pathology. But we close by proving that even these modest demands cannot be jointly satisfied. In light of this new impossibility result, the prospects for a naive theory of classes are bleak. (shrink)

In his recent article entitled ‘Can We Believe the Error Theory?’ Bart Streumer argues that it is impossible (for anyone, anywhere) to believe the error theory. This might sound like a problem for the error theory, but Streumer argues that it is not. He argues that the un-believability of the error theory offers a way for error theorists to respond to several objections commonly made against the view. In this paper, we respond to Streumer’s arguments. In (...) particular, in sections 2-4, we offer several objections to Streumer’s argument for the claim that we cannot believe the error theory. In section 5, we argue that even if Streumer establishes that we cannot believe the error theory, this conclusion is not as helpful for error theorists as he takes it to be. (shrink)

Much current debate in the metaphysics of time is between A-theorists and B-theorists. Central to this debate is the assumption that time exists and that the task of metaphysics is to catalogue time’s features. Relatively little consideration has been given to an error theory about time. Since there is very little extant work on temporal error theory the goal of this paper is simply to lay the groundwork to allow future discussion of the relative merits of such a (...) view. The paper thus develops a conceptual framework from within which to evaluate claims about the actual existence, or not, of temporality as that notion appears in folk discourses about time, and from there to examine claims about the counterfactual existence, or not, of temporality so conceived. We subsequently apply this framework to three extant positions drawn from physics and metaphysics that deny the existence of time. We show that only one of these positions is a folk temporal error theory; that is, a view that denies the existence of time as that notion is operative in our everyday thought and talk. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly (...) supposed. As standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

In this paper I explore Michael Loux’s important distinction between “tropes” and “tropers”. First, I argue that the distinction throws into relief an ambiguity and discrepancy in the literature, revealing two fundamentally different versions of trope theory. Second, I argue that the distinction brings into focus unique challenges facing each of the resulting trope theories, thus calling into question an alleged advantage of trope theory—that by uniquely occupying the middle ground between its rivals, trope theory is able (...) to recover and preserve the insights of these views. Ultimately, the distinction suggests that trope theory is a divided house. (shrink)

We introduce a realist, unextravagant interpretation of quantum theory that builds on the existing physical structure of the theory and allows experiments to have definite outcomes but leaves the theory’s basic dynamical content essentially intact. Much as classical systems have specific states that evolve along definite trajectories through configuration spaces, the traditional formulation of quantum theory permits assuming that closed quantum systems have specific states that evolve unitarily along definite trajectories through Hilbert spaces, and our interpretation (...) extends this intuitive picture of states and Hilbert-space trajectories to the more realistic case of open quantum systems despite the generic development of entanglement. We provide independent justification for the partial-trace operation for density matrices, reformulate wave-function collapse in terms of an underlying interpolating dynamics, derive the Born rule from deeper principles, resolve several open questions regarding ontological stability and dynamics, address a number of familiar no-go theorems, and argue that our interpretation is ultimately compatible with Lorentz invariance. Along the way, we also investigate a number of unexplored features of quantum theory, including an interesting geometrical structure—which we call subsystem space—that we believe merits further study. We conclude with a summary, a list of criteria for future work on quantum foundations, and further research directions. We include an appendix that briefly reviews the traditional Copenhagen interpretation and the measurement problem of quantum theory, as well as the instrumentalist approach and a collection of foundational theorems not otherwise discussed in the main text. (shrink)

Amidst the flow of repetitive inflationary algorithmic superintelligence (ASI) achievement claims linked to the rise of epistemic perpetuum mobile (EPM) scams in the deepfake era, this compact transdisciplinary paper merely written as ephemeral mental clipboard for the purpose of self-education collates the results of a new epistemic framework to achieve a better clarification of the present widespread confusion.

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results (...) in a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

This paper accomplishes two goals. First, the essay elucidates Husserl’s descriptions of meaning consciousness from the 1901 Logical Investigations. I examine Husserl’s observations about the three ways we can experience meaning and I discuss his conclusions about the structure of meaning intentions. Second, the paper explores how Husserl reworked that 1901 theory in his 1913/14 Revisions to the Sixth Investigation. I explore how Husserl transformed his descriptions of the three intentions involved in meaningful experience. By doing so, Husserl not (...) only recognized intersubjective communication as the condition of possibility of linguistic meaning acts, but also transformed his account of the structure of both signitive and intuitive acts. In the conclusion, I cash out this analysis, by showing how, on the basis of these new insights, Husserl reconstructs his theory of fulfillment. (shrink)

Game theorists tend to model climate negotiations as a so-called ‘tragedy of the commons’. This is rather worrisome, since the conditions under which such commons problems have historically been solved are almost entirely absent in the case of international greenhouse gas emissions. In this paper, I will argue that the predictive accuracy of the tragedy model might not stem from the model’s inherent match with reality but rather from the model’s ability to make self-fulfilling predictions. I then sketch some possible (...) ways to dispel the tragedy, including (1) recognizing some ways the assumptions of the model fail, (2) taking seriously recent work suggesting that increasing greenhouse gas emissions is not in most nations’ own self-interest, and (3) preferring alternative models like collective risk dilemmas, bargaining games, or cooperative models. (shrink)

The paper investigates what type of motivation can be given for adopting a knowledge-based decision theory. KBDT seems to have several advantages over competing theories of rationality. It is commonly argued that this theory would naturally fit with the intuitive idea that being rational is doing what we take to be best given what we know, an idea often supported by appeal to ordinary folk appraisals. Moreover, KBDT seems to strike a perfect balance between the problematic extremes of (...) subjectivist and objectivist decision theory. We argue that these alleged advantages do not stand up to a closer scrutiny: KBDT inherits the same kinds of problems as alternative decision theoretic frameworks but doesn’t retain any of the respective advantages. Moreover, differently from other knowledge-action principles advanced in the literature, KBDT cannot fully explain the intuitive connections between knowledge and rational action. We conclude that the most serious challenge for knowledge-based decision theorists is to provide a substantive rationale for the adoption of such a view. (shrink)

I provide a theory of causation within the causal modeling framework. In contrast to most of its predecessors, this theory is model-invariant in the following sense: if the theory says that C caused (didn't cause) E in a causal model, M, then it will continue to say that C caused (didn't cause) E once we've removed an inessential variable from M. I suggest that, if this theory is true, then we should understand a cause as something (...) which transmits deviant or non-inertial behavior to its effect. (shrink)