The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, (...) and adjusting the constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...) possible before we can know whether it is actual. In order to appreciate this picture, we need to understand Lowe’s slogan: ‘essence precedes existence’ (Lowe 2008: 40). This slogan has both an ontological and an epistemic reading. The ontological reading is related to the now familiar idea that essence grounds modality, as popularised by Kit Fine. The epistemic reading suggests that we can know the essence of some entity before we know whether or not that entity exists. However, this idea is often met with puzzlement and Lowe himself sadly passed away before he had a chance to clarify this framework. I will present the framework as I understand it, develop it on my own terms, and put forward a qualified defence of it. I will also illustrate how the framework can be put to use with a case study concerning the discovery of transuranic elements. (shrink)

The role of acetylcholinesterase (AChE) in neurotransmission is well known. But long before synapses are formed in vertebrates, AChE is expressed in young postmitotic neuroblasts that are about to extend the first long tracts. AChE histochemistry can thus be used to map primary steps of brain differentiation. Preceding an possibly inducing AChE in avian brains, the closely related butyrylcholinesterase (BChE) spatially fore-shadows AChE-positive cell areas and the course of their axons. In particular, before spinal motor axons grow, their corresponding rostral (...) sclerotomes and myotomes express BChE, and both their neuronal source and myotomal target cells express AChE. Since axon growth has been found inhibited by acetylcholine, it is postulated that both cholinetsreases can attract neurite growth cones by neutralizing the inhibitor. Thus, the early expression of both cholinesterases that is at least partially independent from classical cholinergic synaptogenesis, sheds new light on the developmental and medical significance of these enzymes. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of (...) common law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

In this paper, I explore Emmanuel Levinas’s ethical dialectic on asceticism and its relation to otherness and closeness. In parallel, I argue that Levinas’s stance on asceticism constitutes a vehement criticism of the analytic insistence on onto-theology. In Levinas’s later works, particularly Otherwise than Being or Beyond Essence, he maintains that Christian asceticism (especially in the Orthodox and Protestant traditions) has mistakenly focused on ontotheology, i.e., on an incarnated God who comes to mind. On the one hand, a number of (...) continental thinkers argue that an individual can achieve direct communication with God through a symmetrical, reciprocal relation as a self-contained unit. Kierkegaard, for instance, claims that the subject’s isolation through asceticism is a necessary and sufficient condition to meet God. As each person is responsible directly to God and his responsibility is a matter of his faith, the religious life does not coincide with ethics and sometimes even appears as an absurdity if measured by ethical norms. (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)

John Doris and Friedrich Nietzsche have a lot in common. In addition to being provocative and humorous writers in their native idioms, they share a conception of human agency. It can be tiresome to point out the priority claims of an earlier philosopher, so I should say at the outset that I do so not to smugly insist that my guy got there first but to showcase a closely-allied perspective that may shed additional light and offer glimpses around blind corners. (...) In particular, I argue that Nietzsche anticipates both the anti-reflective and the dialogical aspects of Doris’s theory of agency. (shrink)

The paper seeks to show that the period between the years 756 and 1031, a period officially recognized as the domination of the Umayyad dynasty in the Iberian Peninsula, saw the emergence of the most important movement for the recovery of classical Greek works known, and offered the foundations for the second Renaissance, the Italian. It also shows that translation is a process that can fundamentally alter original works, as they depend on the translator's interpretation, as well as the existence (...) of equivalent words and concepts in the language to be translated. Both problems were identified in the recovery of classical Greek works by the Toledo School of Translators. The result was that Italian Renaissance was, in fact based on what had been made available by the Toledo School of Translators, which confirms the thesis that the first Renaissance was the Islamic one and that the Italian Renaissance was a later movement. (shrink)

If God brings about an event in the universe, does it have a preceding cause? For example, if the universe began with the Big Bang and if God brought it about, did the Big Bang then have a preceding cause? The standard answer is: yes, it was caused by a divine willing. I propose an alternative view: God’s actions, unlike human actions, are not initiated by willings, undertakings, or volitions, but God brings about the intended event directly. Presenting a solution (...) to the dilemma of free will I explain what ‘bringing about directly’ means and show that the question of what an action begins with is distinct from the question whether it is a basic action. (shrink)

Notre étude sur le temps grec précédant la pensée d Aristote commencera d'abord par un commentaire de son premier texte, le Protreptique. Nous verrons se dégager deux temps distincts : l'un initiatique, circulaire et d'inspiration platonicienne, et l'autre diamétralement opposé dont Aristote serait le défenseur. Afin d'interroger cette dichotomie, nous retournerons aux conceptions poétiques. Les Tragiques nous permettront d'offrir une première esquisse de cette notion dans l'univers grec (Du destin...). Ensuite, l'oeuvre épique d'Homère sera l'occasion de mieux saisir le nouage (...) existant entre le temps et la sphère religieuse (Des héros...). Le travail du grand théologue Hésiode viendra confirmer cette vision initiatique, comme l'avait déjà remarquablement exposée F. Nietzsche (Des mythes...). C'est alors que nous plongerons au sein du pythagorisme afin de parachever cette vision (Des mystères...). Notre compréhension de ce courant, traversé par la théogonie iranienne, nous permettra, ensuite, de bien le distinguer de celui dit «ionien» et ainsi de s'éloigner de la parole platonicienne (De l'idéologie...). Enfin, en revenant aux premiers penseurs ioniens que furent Thalès et Anaximandre, nous analyserons si c'est effectivement cette vision du monde qui a été retenue par le Stagirite afin de fonder la première modélisation du concept de temps (De la science...). -/- Dans le deuxième volume, nous verrons revenir la pensée des théologoï au sein même du corpus aristotélicien et c'est alors que nous interrogerons notre division entre être et existence du temps. -/- Régis LAURENT est philosophe, membre de l'association Kairos kai logos (Centre d'études sur la pensée antique).Ce livre est le premier volet de son travail de thèse de doctorat en philosophie effectué au sein de trois Universités françaises (Grenoble, Clermont-Ferrand et Rennes).Outre cette formation philosophique,l'auteur est également diplômé en sciences humaines (Maîtrise des sciences du langage et maîtrise de psychologie). Par ailleurs, sa formation en théologie a été effectuée à l'Université thomiste de Paris (U.L.S.H = CEPHI) et au C.E.J de l'E.H.E.S.S. (shrink)

Heidegger’s notion of ‘handiness’ combines two meanings, which in my view should be separated. They both refer to ways of characterizing tools in a given culture. Every culture uses tools, and they are all used so they are ‘handy’. The question is: Handy with regard to what? Two answers come to mind. The first one suggests that handiness is typical of the aims achieved in a given culture, which are linked with that culture’s system of values. Having been fulfilled, the (...) aims seem to disappear, but new ones emerge and the cultural values are all the time appreciated. The aims and values constitute a part of the vision of the world accepted by the members of a given cultural community. In such a context, we can understand the handiness of tools as their optimum quality in facilitating the achievement of the aims which maintain the current cultural values, and so the existence of a given culture. The second answer links handiness with fulfilling the requirements of the human body. When considering the body in terms of its biological categories (as an organism) we can bear in mind its universal characteristics such as limbs, height, differences in body measurements, etc. In such a context, Martin Heidegger’s handiness can be understood pragmatically, as the features of a tool when adjusting it to the human body. In this paper, I propose a thesis that contemporary design loses handiness of the first type, while concentrating on making tools more and more comfortable for the human body. The cultural aims and values traditionally recognized in a given culture lose their priority, or seem to be ignored. At the same time, every tool user is given a chance to develop handiness of the first type. Whether we use this opportunity or not is another problem. (shrink)

This study of Greek time before Aristotle’s philosophy starts with a commentary on his first text, the Protrepticus. We shall see two distinct forms of time emerge: one initiatory, circular and Platonic in inspiration, the other its diametrical opposite, advanced by Aristotle. We shall explore this dichotomy through a return to poetic conceptions. The Tragedians will give us an initial outline of the notion of time in the Greek world (Fate); we shall then turn to Homer in order to better (...) grasp the complex relations between time and the religious sphere (the Hero); the work of the great theologian Hesiod will confirm this initiatory vision, later set out in remarkable fashion by Nietzsche (Myths); we shall then dive deep into Pythagoreanism to complete our account (Mysteries). Having understood this current of thought, powerfully influenced by the Iranian theogony, we shall be able to discern its clear differences from the so-called “Ionian” current, and thus to move away from Plato (Ideology). Lastly, we shall return to the early Ionian thinkers Thales and Anaximander to analyse whether this really was the vision of the world that Aristotle adopted in developing the first model of time (Science). In the second volume we shall see the return of the thought of the theologoi within the Aristotelian corpus itself, and will question our distinction between the being and existence of time. Régis Laurent is a philosopher and member of the association Kairos Kai logos (Centre for the study of ancient philosophy). This book is the first part of his doctoral thesis in philosophy, undertaken under the aegis of three French universities (Grenoble, Clermont-Ferrand and Rennes). In addition to his philosophical training, the author is also qualified to Masters level in linguistics and in general psychology, and studied theology at the Thomist University in Paris (ULSH) and at the CEJ of the EHESS. (shrink)

The paper presents a positive argument for a version of metaphysically light ethical non-naturalism from the nature of mental states such as desires. It uses as its premise the time-honoured, and recently rediscovered, doctrine of the guise of the good, whereby it is essential to desire that the object of desire be conceived as good or as normatively favoured under some description. The argument is that if the guise of the good is a correct theory of desire, then a certain (...) version of non-naturalism is better placed than other meta-ethical views to make sense of it. First I define ethical non-naturalism and the guise of the good, providing also an initial defence of the latter. Then I briefly survey some historical precedents and proceed to the argument. For each major meta-ethical view I consider I offer reasons why combining them with the guise of the good leads to consequences that are or should be unwelcome by the guise of the good. At the end of this elimination process a form of relatively metaphysically light non-naturalism will emerge as the view that best fits with the guise of the good. (shrink)

Cloud computing (ClC) has become a more popular computer paradigm in the preceding few years. Quality of Service (QoS) is becoming a crucial issue in service alteration because of the rapid growth in the number of cloud services. When evaluating cloud service functioning using several performance measures, the issue becomes more complex and non-trivial. It is therefore quite difficult and crucial for consumers to choose the best cloud service. The user's choices are provided in a quantifiable manner in the current (...) methods for choosing cloud services. Hence, this study attempts to achieve this objective through construction. decision-making framework so-called cloud services evaluator (CSsEv). The main indicator and its sub-indicators are formed as nodes at levels(n) in tree soft sets (TSSs). Thereafter Single Value Neutrosophic Sets (SVNSs) as branch of neutrosophic sets which conjunction with the Multi-Criteria Decision Making (MCDM) technique to facilitate analysis and evaluation process for the available Cloud services providers. Hence, entropy is employed to obtain indicators and sub_indicators weights and Complex Proportional Assessment utilizes these weights to facilitate the decision process of selecting optimal ClSPs. (shrink)

This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. Despite (...) this stabilizing role, however, master texts are themselves open to mutations. Therefore, law’s evolution under the constraints of a master text mediates the paradoxical union of law’s finite and infinite nature. (shrink)

This paper will attempt to assess the primary differences between what I take to be the two primary philosophical "traditions" in contemporary French philosophy, using Derrida (transcendence) and Deleuze (immanence) as exemplary representatives. The body of the paper will examine the use of these terms in three different areas of philosophy on which Derrida and Deleuze have both written: subjectivity, ontology, and epistemology. (1) In the field of subjectivity, the notion of the subject has been critiqued in two manners, either (...) by appealing either to the transcendence of the other (Levinas, Derrida) or to the immanent jlux of experience itself, in relation to which the Ego itself is trancendent (Deleuze, Foucault, Sartre, James). (2) In the field of ontology, a purely "immanent" ontology would be an ontology in which there is neither a "beyond" or an "otherwise" Being, nor "interruptions" in Being, both of which would require an appeal to a formal element of transcendence (Deleuze). Such a "transcendent" and aporetic structure, which can never appear or be present as such within Being, is what lies at the basis of the project of deconstruction, with its attendant aporias (Derrida). (3) This distinction, finally, finds parallels in Kant's epistemology, for whom the possible experience is conditioned by purely immanent criteria (Deleuze), whereas what goes beyond the limits of possible experience is transcendent (Derrida). Drawing on these three thread of analysis, the paper concludes with an assessment of what is at stake in the ethical differences between the two traditions. The question of "transcendence" is "What mast I do?", which is the question of morality (a duty or obligation that is beyond being, an "ought" beyond the "is"). The question of "immanence" is "What can I do?" (my power or capacity as an existing individual within being). For Levinas and Derrida, ethics precedes ontology because it is derived from an element of transcendence (the Other); for Deleuze, ethics is ontology because it is derived from the immanent relation of beings to Being at the level of their existence (Spinoza). (shrink)

Spontaneous actions are preceded by brain signals that may sometimes be detected hundreds of milliseconds in advance of a subject's conscious intention to act. These signals have been claimed to reflect prior unconscious decisions, raising doubts about the causal role of conscious will. Murakami et al. (2014. Nat Neurosci 17: 1574–1582) have recently argued for a different interpretation. During a task in which rats spontaneously decided when to abort waiting, the authors recorded neurons in the secondary motor cortex. The neural (...) activity and relationship to action timing was parsimoniously explained using an integration-to-bound model, similar to those widely used to account for evidence-based decisions. In this model, the brain accumulates spontaneously occurring inputs voting for or against an action, but only commits to act once a certain threshold is crossed. The model explains how spontaneous decisions can be forecast (partially predicted) by neurons that reflect either the input or output of the integrator. It therefore presents an explicit hypothesis capable of rejecting the claim that such predictive signals imply unconscious decisions. We suggest that these results can inform the current debate on free will but must be considered with caution. (shrink)

This essay examines Locke’s chapter “Of Identity and Diversity” (Essay 2.27) in the context of the series of chapters on ideas of relations (Essay 2.25–28) that precede and follow it. I begin by introducing Locke’s account of how we acquire ideas of relations. Next, I consider Locke’s general approach to individuation and identity over time before I show how he applies his general account of identity over time to persons and personal identity. I draw attention to Locke’s claim that “person” (...) is a forensic term and analyse his arguments for why the sameness of a human being and the sameness of a substance or soul are neither necessary nor sufficient for personal identity. Instead, Locke argues that personal identity consists in sameness of consciousness. Locke regards persons as moral agents who are accountable for their actions. If a person now is held accountable for a past action it is important that the person now is the same person as the person who did the action. This means that moral accountability presupposes personal identity. Additionally, it will be important to consider whether the person deserves reward or punishment for the action. Locke’s account of moral relations, which he develops in Essay 2.28, addresses this issue and I show how it supplements his account of persons and personal identity. (shrink)

Following the precedent set by Dorthe Berntsen’s 2009 book, Involuntary Autobiographical Memory, this paper asks whether the mechanisms responsible for involuntarily recollected memories are distinct from those that are responsible for voluntarily recollected ones. Berntsen conjectures that these mechanisms are largely the same. Recent work has been thought to show that this is mistaken, but the argument from the recent results to the rejection of Berntsen’s position is problematic, partly because it depends on a philosophically contentious view of voluntariness. (...) Berntsen herself shares this contentious view, but the defenders of her position can easily give it up. This paper explains how and why they should. (shrink)

[Author note: There is a video explainer of this paper on youtube at the new work in philosophy channel (search for surname+deepfakes).] -/- It is widely thought that deepfake videos are a significant and unprecedented threat to our epistemic practices. In some writing about deepfakes, manipulated videos appear as the harbingers of an unprecedented _epistemic apocalypse_. In this paper I want to take a critical look at some of the more catastrophic predictions about deepfake videos. I will argue for three (...) claims: (1) that once we recognise the role of social norms in the epistemology of recordings, deepfakes are much less concerning, (2) that the history of photographic manipulation reveals some important precedents, correcting claims about the novelty of deepfakes, and (3) that proposed solutions to deepfakes have been overly focused on technological interventions. My overall goal is not so much to argue that deepfakes are not a problem, but to argue that behind concerns around deepfakes lie a more general class of social problems about the organisation of our epistemic practices. (shrink)

In 2012, the Geological Time Scale, which sets the temporal framework for studying the timing and tempo of all major geological, biological, and climatic events in Earth’s history, had one-quarter of its boundaries moved in a widespread revision of radiometric dates. The philosophy of metrology helps us understand this episode, and it, in turn, elucidates the notions of calibration, coherence, and consilience. I argue that coherence testing is a distinct activity preceding calibration and consilience, and I highlight the value of (...) discordant evidence and trade-offs scientists face in calibration. The iterative nature of calibration, moreover, raises the problem of legacy data. (shrink)

In the transcendental deduction, the central argument of the Critique of Pure Reason, Kant seeks to secure the objective validity of our basic categories of thought. He distinguishes objective and subjective sides of this argument. The latter side, the subjective deduction, is normally understood as an investigation of our cognitive faculties. It is identified with Kant’s account of a threefold synthesis involved in our cognition of objects of experience, and it is said to precede and ground Kant’s proof of the (...) validity of the categories in the objective deduction. I challenge this standard reading of the subjective deduction, arguing, first, that there is little textual evidence for it, and, second, that it encourages a problematic conception of how the deduction works. In its place, I present a new reading of the subjective deduction. Rather than being a broad investigation of our cognitive faculties, it should be seen as addressing a specific worry that arises in the course of the objective deduction. The latter establishes the need for a necessary connection between our capacities for thinking and being given objects, but Kant acknowledges that his readers might struggle to comprehend how these seemingly independent capacities are coordinated. Even worse, they might well believe that in asserting this necessary connection, Kant’s position amounts to an implausible subjective idealism. The subjective deduction ismeant to allay these concerns by showing that they rest on a misunderstanding of the relation between these faculties. This new reading of the subjective deduction offers a better fit with Kant’s text. It also has broader implications, for it reveals the more philosophically plausible account of our relation to the world as thinkers that Kant is defending – an account that is largely obscured by the standard reading of the subjective deduction. (shrink)

In this article, I address a controversial aspect of Rawls’s treatment of the question of justice between generations: how the parties in the original position could be motivated to select Rawls’s preferred principle of intergenerational savings, which he dubs the just savings principle. I focus on the explanation found in his later work, where he proposes that the correct savings principle is the principle that any generation would have wanted preceding generations to have followed. By expanding upon this explanation, I (...) respond to the objection that this explanation disregards the perspective of the first generation. I demonstrate that this objection ceases to be a concern when a proper account of the parties’ reasoning is developed. What is notable about the explanation I defend is that it relies on the parties adopting maximax – not maximin – as a rule for rational decision making. Having established this intermediary conclusion, I depart with Rawls and consider what savings principle the parties would choose if given more options. Ultimately, I argue that the parties would select a principle that Rawls would have undoubtedly rejected if presented to him at face value. This is because the principle of savings I argue would be selected requires continual economic growth over generations to increase upwards indefinitely – a conclusion Rawls is explicitly trying to avoid in his theory of justice. (shrink)

Several of Thomas Aquinas's proofs for the existence of God rely on the claim that causal series cannot proceed in infinitum. I argue that Aquinas has good reason to hold this claim given his conception of causation. Because he holds that effects are ontologically dependent on their causes, he holds that the relevant causal series are wholly derivative: the later members of such series serve as causes only insofar as they have been caused by and are effects of the earlier (...) members. Because the intermediate causes in such series possess causal powers only by deriving them from all the preceding causes, they need a first and non-derivative cause to serve as the source of their causal powers. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

Is there grounding in ancient philosophy? To ask a related but different question: is grounding a useful tool for the scholar of ancient philosophy? These questions are difficult, and my goal in this paper is not so much to give definitive answers as to clarify the questions. I hope to direct the student of contemporary metaphysics towards passages where it may be fruitful to look for historical precedent. But I also hope to offer the student of ancient philosophy some (...) guidance on when drawing on the contemporary discussion of grounding may be beneficial. (shrink)

John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to utilitarianism, (...) and discussing some of the specific issues Mill raises in Utilitarianism. (shrink)

According to the most popular theories of intentionality, a family of theories we will refer to as “functional intentionality,” a machine can have genuine intentional states so long as it has functionally characterizable mental states that are causally hooked up to the world in the right way. This paper considers a detailed description of a robot that seems to meet the conditions of functional intentionality, but which falls victim to what I call “the composition problem.” One obvious way to escape (...) the problem (arguably, the only way) is if the robot can be shown to be a moral patient – to deserve a particular moral status. If so, it isn’t clear how functional intentionality could remain plausible (something like “phenomenal intentionality” would be required). Finally, while it would have seemed that a reasonable strategy for establishing the moral status of intelligent machines would be to demonstrate that the machine possessed genuine intentionality, the composition argument suggests that the order of precedence is reversed: The machine must first be shown to possess a particular moral status before it is a candidate for having genuine intentionality. (shrink)

Two decades ago, in 1994, in the context of the 4th EU Framework Programme, ELSA was introduced as a label for developing and funding research into the ethical, legal and social aspects of emerging sciences and technologies. Currently, particularly in the context of EU funding initiatives such as Horizon2020, a new label has been forged, namely Responsible Research and Innovation. What is implied in this metonymy, this semantic shift? What is so new about RRI in comparison to ELSA? First of (...) all, for both labels, the signifier was introduced in a top-down manner, well before the concept that was signified by it had acquired a clear and stable profile. In other words, the signifier preceded the research strategies actually covered by these labels. Moreover, the newness of RRI does not reside in its interactive and anticipatory orientation, as is suggested by authors who introduced the term, but rather in its emphases on social-economic impacts. (shrink)

Dans un article précédent, The Philosophy of blockchain technology - Ontologies, j'ai parlé de l'application de la théorie narrative de Paul Ricœur dans le développement d'une ontologie de la technologie blockchain. Dans cette section, j'ai l'intention de mettre en évidence l'idée d'une analogie entre la technologie blockchain et les théories causales de la référence. Dans la mesure où la poursuite de l'élaboration de cette idée se révélera viable, je vais essayer de développer une théorie basée sur cette analogie. DOI: 10.13140/RG.2.2.24843.21282 (...) . (shrink)

Recent work in cognitive modelling has found that most of the data that has been cited as evidence for the dual-process theory (DPT) of reasoning is best explained by non-linear, “monotonic” one-process models (Stephens et al., 2018, 2019). In this paper, I consider an important caveat of this research: it uses models that are committed to unrealistic assumptions about how effectively task conditions can isolate Type-1 and Type-2 reasoning. To avoid this caveat, I develop a coordinated theoretical, experimental, and modelling (...) strategy to better test DPT. First, I propose that Type-1 and Type-2 reasoning are defined as reasoning that precedes and follows metacognitive control, respectively. Second, I argue that reasoning that precedes and follows metacognitive control can be effectively isolated using debiasing paradigms that manipulate metacognitive heuristics (e.g., processing fluency) to prevent or trigger metacognitive control, respectively. Third, I argue that monotonic modelling can allow us to decisively test DPT only when we use them to analyse data from this particular kind of debiasing paradigm. (shrink)

One of the most striking features of causation is that causes typically precede their effects – the causal arrow is strongly aligned with the temporal arrow. Why should this be so? We offer an opinionated guide to this problem, and to the solutions currently on offer. We conclude that the most promising strategy is to begin with the de facto asymmetry of human deliberation, characterised in epistemic terms, and to build out from there. More than any rival, this subjectivist approach (...) promises to demystify the asymmetry, temporal orientation, and deliberative relevance of causal judgements. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

In this article it is defended that the notion known as “The mark of the cognitive” is better characterized as a process that performs the function of generating intelligent behavior, in a flexible and adaptive way, capable of adapting to circumstances, given it is a context sensitive process. For that, some relevant definitions of cognition are examined. In the end, it is pointed out that the definition of the mark of cognition as a context-sensitive process takes into account several factors (...) that were added as constitutive parts of cognitive phenomena over the years, especially the 4E Cognition, which cannot be satisfactorily accommodated alongside the preceding notions of cognition. Accordingly, this essay shouldn’t be mistaken merely as an exercise in intellectual history, but as a brief and accessible attempt to advance the debate. (shrink)

In accordance with the contemporary state of the natural sciences, Wolfgang Sohst here presents an extended ontological model where the process is the first cosmological category, not objects. Her starts with very few primordial categories of becoming that even precede the fundamental concepts of physics and mathematics. Since Democritus, ie. for about 2,400 years, all cultures of European descent rest mainly on the presupposition that substances and their properties provide the inventory of our world. This, however, contradicts the formerly and (...) still today lively intuition (intellectually up to Heraclitus, again in Aristotle and only then resurgent with Hegel) that objects are not the dominating aspect of what we are living in. Rather, the basis of our cosmos is a world process as the result of the complementary relationship of particular objects and their mutual efficiencies. (shrink)

To emphasize what we have outlined in a preceding paper, we consider the following: that human consciousness model should take into consideration “spirit” role, i.e. the mind-body-spirit as integral aspect, which view is neglected in the so-called Freudian mental model. In this paper, we consider two approaches to cancer treatment derived from such an integral triune view of human consciousness, including (a) healing frequency approach as advised by Royal Rife and David Hawkins, and also (b) relational therapy, based on recent (...) research on the healing role of love and compassion. (shrink)

In the present paper we discuss: a) how Hilbert’s unification program failed completely, and b) we outline a new electron model based on Helmholtz’s electron vortex and Kolmogorov theory of turbulence. Novelty aspect: we discuss among other things, electron capture event, and von Karman vortex street. We also discuss a new model of origination of charge and matter. This paper is a sequel to a preceding paper on similar theme.

I develop ontological pluralism about non-being, the view that there are multiple ways, kinds, or modes of non-being. I suggest that the view is both more plausible and defensible than it first seems, and that it has many useful applications across a wide variety of metaphysical and explanatory problems. After drawing out the relationship between pluralism about being and pluralism about non-being, I discuss quantificational strategies for the pluralist about non-being. I examine historical precedent for the view. Finally, I (...) suggest that pluralism about non-being has explanatory power across a variety of domains, and that the view can account for differences between nonexistent past and future times, between omissions and absences, and between different kinds of fictional objects. (shrink)

Famously, both Saul Kripke and Keith Donnellan opposed description theories and insisted on the role of history in determining the reference of a proper name token. No wonder, then, that their views on proper names have often been assimilated. By focusing on reference borrowing—an alleged phenomenon that Kripke takes to be fundamental—we argue that they should not be. In particular, we claim that according to Donnellan a proper name token never borrows its reference from preceding tokens which it is historically (...) connected to. On the contrary, its reference is always fixed anew on who or what the speaker has in mind when he or she produces it. In fact, what is important to realize is that Donnellan and Kripke took two different histories to be relevant: that of the proper name token produced by the speaker , and that of the cognitive status of the speaker when he or she produces it . We end by suggesting that this difference between Kripke’s and Donnellan’s accounts of proper names rests on a more general difference in their approach to language. (shrink)

In a recent series of papers, Jane Friedman argues that suspended judgment is a sui generis first-order attitude, with a question as its content. In this paper, I offer a critique of Friedman’s project. I begin by responding to her arguments against reductive higher-order propositional accounts of suspended judgment, and thus undercut the negative case for her own view. Further, I raise worries about the details of her positive account, and in particular about her claim that one suspends judgment about (...) some matter if and only if one inquires into this matter. Subsequently, I use conclusions drawn from the preceding discussion to offer a tentative account: S suspends judgment about p iff S believes that she neither believes nor disbelieves that p, S neither believes nor disbelieves that p, and S intends to judge that p or not-p. (shrink)

We discuss at some length evidence from the cognitive science suggesting that the representations of objects based on spatiotemporal information and featural information retrieved bottomup from a visual scene precede representations of objects that include conceptual information. We argue that a distinction can be drawn between representations with conceptual and nonconceptual content. The distinction is based on perceptual mechanisms that retrieve information in conceptually unmediated ways. The representational contents of the states induced by these mechanisms that are available to a (...) type of awareness called phenomenal awareness constitute the phenomenal content of experience. The phenomenal content of perception contains the existence of objects as separate things that persist in time and time, spatiotemporal information, and information regarding relative spatial relations, motion, surface properties, shape, size, orientation, color, and their functional properties. (shrink)

Artificial intelligence (AI) is increasingly expected to disrupt the ordinary functioning of society. From how we fight wars or govern society, to how we work and play, and from how we create to how we teach and learn, there is almost no field of human activity which is believed to be entirely immune from the impact of this emerging technology. This poses a multifaceted problem when it comes to designing and understanding regulatory responses to AI. This article aims to: (i) (...) defend the need for a novel conceptual model for understanding the systemic legal disruption caused by new technologies such as AI; (ii) to situate this model in relation to preceding debates about the interaction of regulation with new technologies (particularly the ‘cyberlaw’ and ‘robolaw’ debates); and (iii) to set out a detailed model for understanding the legal disruption precipitated by AI, examining both pathways stemming from new affordances that can give rise to a regulatory ‘disruptive moment’, as well as the Legal Development, Displacement or Destruction that can ensue. The article proposes that this model of legal disruption can be broadly generalisable to understanding the legal effects and challenges of other emerging technologies. (shrink)

Merleau-Ponty's reference to "a past which has never been present" at the end of "Le sentir" challenges the typical framework of the Phenomenology of Perception, with its primacy of perception and bodily field of presence. In light of this "original past," I propose a re-reading of the prepersonal as ground of perception that precedes the dichotomies of subject-object and activity-passivity. Merleau-Ponty searches in the Phenomenology for language to describe this ground, borrowing from multiple registers (notably Bergson, but also Husserl). This (...) "sensory life" is a coexistence of sensing and sensible—bodily and worldly—rhythms. Perception is, then, not a natural given, but a temporal process of synchronization between rhythms. By drawing on Bergson, this can be described as a process in which virtual life is actualized into perceiving subject and object perceived. Significantly, this process involves non-coincidence or delay whereby sensory life is always already past for perception. (shrink)

The aim of this paper is to apply the metaphysics of John Duns Scotus in constructing a new conception of matter which does not stand in opposition to the mental realm, but is rather composed of both physical and mental elements. The paper is divided into four parts. Section one addresses Scotus’ claim that matter is intelligible and actual in itself. Section two aims to show that matter can be seen as a deprived thinking being. Section three analyzes Scotus’ conception (...) of place. The final section brings together the conclusions of the three preceding parts to confront the Cartesian psycho-physical problem anew and to suggest a viable solution. (shrink)

Social phenomena—quite like mental states in the philosophy of mind—are often regarded as potential troublemakers from the start, particularly if they are approached with certain explanatory commitments, such as naturalism or social individualism, already in place. In this paper, we argue that such explanatory constraints should be at least initially bracketed if we are to arrive at an adequate non-biased description of social phenomena. Legitimate explanatory projects, or so we maintain, such as those of making the social world fit within (...) the natural world with the help of, e.g., collective intentionality, social individualism, and the like, should neither exclude nor influence the prior description of social phenomena. Just as we need a description of the mental that is not biased, for example, by (anti)physicalist constraints, we need a description of the social that is not biased, for example, by (anti)individualist or (anti)naturalist commitments. Descriptive social ontology, as we shall conceive of it, is not incompatible with the adoption of explanatory frameworks in social ontology; rather, the descriptive task, according to our conception, ought to be recognized as prior to the explanatory project in the order of inquiry. If social phenomena are, for example, to be reduced to nonsocial (e.g., psychological or physical) phenomena, we need first to understand clearly what the social candidates for the reduction in question are. While such descriptive or naive approaches have been influential in general metaphysics (see Fine 2017), they have so far not been prominent in analytic social ontology (though things are different outside of analytic philosophy, see esp. Reinach (1913). In what follows, we shall outline the contours of a descriptive approach by arguing, first, that description and explanation need to be distinguished as two distinct ways of engaging with social phenomena. Secondly, we defend the claim that the descriptive project ought to be regarded as prior to the explanatory project in the order of inquiry. We begin, in Section 2, by considering two different ways of engaging with mental phenomena: a descriptive approach taken by descriptive psychology and an explanatory approach utilized in analytic philosophy of mind. We take these two ways of approaching the study of the mind to be analogous to the distinction we want to draw in social ontology between a descriptive and an explanatory approach to the study of social phenomena. We consider next, in Section 3, how our approach compares to neighboring perspectives that are familiar to us from general metaphysics and philosophy more broadly, such as Aristotle’s emphasis on “saving the appearances”, Strawson’s distinction between descriptive and revisionary metaphysics, as well as Fine’s contrast between na¨ive and foundational metaphysics. In Section 4, we apply the proposed descriptive/explanatory distinction to the domain of social ontology and argue that descriptive social ontology ought to take precedence in the order of inquiry over explanatory social ontology. Finally, in Section 5, we consider and respond to several objections to which our account might seem to be susceptible. (shrink)

This paper revisits the rhetorics of system and irony in Fichte and Friedrich Schlegel in order to theorize the utopic operation and standpoint that, I argue, system and irony share. Both system and irony transport the speculative speaker to the impossible zero point preceding and suspending the construction of any binary terms or the world itself—an immanent nonplace (of the in-itself, nothingness, or chaos) that cannot be inscribed into the world's regime of comprehensibility and possibility. It is because the philosopher (...) and the ironist articulate their speech immanently from this standpoint that system and irony are positioned as incomprehensible to those framed rhetorically as incapable of occupying it. This standpoint is philosophically important, I maintain, because it allows one to think how the (comprehensibility of the) world is constructed without being bound to the necessity of this construction or having to absolutize the way things are or can be. (shrink)

In response to the growing social discontent at what is perceived as generational injustice, due to younger generations of voters facing long-term negative consequences from issues disproportionately decided by the votes of older generations of voters, there have been suggestions to introduce an upper age voting threshold. These have been all but universally dismissed as offensive and contrary to basic democratic values. In the present article, I show that the idea is in fact entirely consonant with present-day democratic practices and (...) far from without a precedent. Hence, I describe how the aforementioned generational injustice can be rectified using a simple vote weighting scheme which is easy to implement and interpret. Lastly, I discuss the societal effects that this alteration of the voting system would have on the distribution of the origins of political power. (shrink)

In Religion within the Bounds of Mere Reason Kant famously argues that the moral quality of an an agent’s actions depends on the moral quality of their moral character and since their moral character can be either absolutely good or absolutely bad, all of an agent’s actions share the same moral quality: good or evil (R 6: 22). This claim, which implies that any agent who is not wholly good must therefore be wholly evil, has vexed Kant’s readers. Ordinary moral (...) intuitions suggest that differences in moral character come in degrees, and leaving some room for moral variance seems necessary to any account of moral corruption and improvement. What is not often remarked upon is that Kant’s rigorism about moral character stands in apparent tension with his own account, given that in the same work, of the Stufen, levels or grades, of evil: frailty, impurity, and wickedness. I argue that rigorism is grounded in a philosophical insight which we should not give up and show that we can preserve it while making room for the complexity of moral failure if we understand the first two grades of evil, frailty and impurity, as states of moral immaturity, a condition that precedes the acquisition of a stable moral character. To substantiate the claim, I argue that the idea of the acquisition of character must play a wholly different role in Kant’s practical philosophy than that accorded to it on standard readings. Not merely an “empirical” concern, the acquisition of character must be understood as a genuinely rational accomplishment: the development and determination of our uniquely rational capacities for feeling, necessary for the development of stable moral character. (shrink)