The deductive validity of arguments from analogy is formally demonstrable. After a brief survey of the historical development of doctrines relevant to this claim the present article analyzes the “analogy of proper proportionality”, which meets two requirements of valid deduction. First, the referents of analogues by proportionality must belong to a common genus. Here it must be cautioned, however, that the common genus does not constitute the basis of the deductive inference. Rather, it is a prerequisite for (...) the second and decisive requirement, that the different logical content to which an analogous middle term corresponds must exhibit the same proportional relation to this common genus. In Section II I translate a natural language argument with such an analogous middle term into the language of classical first-order predicate calculus, and show that its conclusion follows from its premises with the force of deductive necessity. The rule of inference justifying the analogical entailment of the conclusion from the premises functions much like the familiar modus ponens rule, and could be called “modus ponens analogice”. The validity of this rule ought to be judged on the same basis as that of the traditional modus ponens rule – immediate logical intuition. The present article endeavors to facilitate this logical intuition by making the logical structure of inference by analogy formally explicit. (shrink)

This article identifies and formalizes the logical features of analogous terms that justify their use in deduction. After a survey of doctrines in Aristotle, Aquinas, and Cajetan, the criteria of “analogy of proper proportionality” are symbolized in first-order predicate logic. A common genus justifies use of a common term, but does not provide the inferential link required for deduction. Rather, the respective differentiae foster this link through their identical proportion. A natural-language argument by analogy is formalized so as (...) to exhibit these criteria, thereby showing the validity of analogical deduction. (shrink)

I argue that the criterion of just cause is not independent of proportionality and other valid jus ad bellum criteria. One cannot know whether there is a just cause without knowing whether the other (valid) criteria (apart from ‘right intention’) are satisfied. The advantage of this account is that it is applicable to all wars, even to wars where nobody will be killed or where the enemy has not committed a rights violation but can be justifiably warred against anyway. (...) This account also avoids the inefficiency of having proportionality considerations come up at two different points: in a separate criterion of just cause and in the criterion of proportionality proper. ‘Right intention’, the subjective element of the justification of a war, on the other hand, is not to be subsumed under the criterion of just cause: there can be a just cause without anybody knowing it. Conversely, however, the subjective element requires that those responsible for waging the war do know that the justifying objective conditions are fulfilled. This is in one sense more demanding than traditional just war theory; in another sense, however, it is less demanding: nobody needs to intend to fight for a ‘just aim’. (shrink)

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

The purpose of this study was to examine effective communication management and the performance of tertiary institutions in Cross River State. Three hypotheses were formulated to guide the study. The study adopted a correlational design and was conducted using Cross River State College of Education, Akamkpa as case study. A proportionate stratified random sampling technique was used to select 30 per cent each from a total of 176 academic staff and 215 Non-academic staff in the institution. A total of 53 (...) Academic and 66 Non Academic Staff were selected resulting in a sample of 119 participants. A questionnaire titled Effective Communication Management and Performance of Tertiary Institutions Questionnaire (ECMAPOTIQ), was used as the instrument for data was used as the instrument for data collection. The collected data were analysed and the hypotheses were tested using Chi Square test of tested using Chi Square test of independence at .05 level of significance. The findings revealed that effective communication management has a significant relationship with human relationship, work performance and organizational goal attainment. Based on these findings, it was concluded that effective goal attainment. Based on these findings, it was concluded that effective communication leads to good human relationship, promotes work performance and organizational goal attainment. It was recommended among others that educational managers should make efforts to adopt good communication skills to enable them communicate effectively; workers should adopt proper communication strategies if they are to promote good relationship among co-workers and the managers. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Causalists about explanation claim that to explain an event is to provide information about the causal history of that event. Some causalists also endorse a proportionality claim, namely that one explanation is better than another insofar as it provides a greater amount of causal information. In this chapter I consider various challenges to these causalist claims. There is a common and influential formulation of the causalist requirement – the ‘Causal Process Requirement’ – that does appear vulnerable to these anti-causalist (...) challenges, but I argue that they do not give us reason to reject causalism entirely. Instead, these challenges lead us to articulate the causalist requirement in an alternative way. This alternative articulation incorporates some of the important anti-causalist insights without abandoning the explanatory necessity of causal information. For example, proponents of the ‘equilibrium challenge’ argue that the best available explanations of the behaviour of certain dynamical systems do not appear to provide any causal information. I respond that, contrary to appearances, these equilibrium explanations are fundamentally causal, and I provide a formulation of the causalist thesis that is immune to the equilibrium challenge. I then show how this formulation is also immune to the ‘epistemic challenge’ – thus vindicating (a properly formulated version of) the causalist thesis. (shrink)

Assessment of students’ attitudes towards test-taking in secondary schools in Afikpo Education Zone of Ebonyi State, Nigeria was the main thrust of this study. The study was guided by four null hypotheses in line with the ex-post facto research design. Proportionate stratified random sampling technique was employed in selecting a sample 1,276 respondents from a population of 12,763 students distributed across 43 public and 71 private secondary schools in the study area. Students’ Attitudes Towards Test-Taking Questionnaire (SATTQ) with Cronbach's alpha (...) reliability coefficient of .893 was used for data collection. The null hypotheses were all tested at .05 level of significance using population t-test and independent t-test statistical methods. Emerging findings showed that the level of students’ attitudes towards test-taking as an academic activity in secondary schools is significantly high. It was also shown that males students, students in urban and private schools significantly differ in their attitudes towards test-taking as an academic activity, from female students and students in rural and public secondary schools. Based on these findings, it was recommended, amongst others, that all students irrespective of gender, school type and school location should be properly counselled by both teachers and professional counsellors to develop positive attitudes towards taking tests in schools. Keywords:. (shrink)

According to the so-called 'proportionality principle', causes should be proportional to their effects: they should be both enough and not too much for the occurrence of their effects. This principle is the subject of an ongoing debate. On the one hand, many maintain that it is required to address the problem of causal exclusion and take it to capture a crucial aspect of causation. On the other hand, many object that it renders accounts of causation implausibly restrictive and often (...) reject the principle wholesale. I argue that there is exaggeration on both sides. While one half of the principle is overly demanding, the other half is unobjectionable. And while the unobjectionable half does not block exclusion arguments on its own, it provides a nuanced picture of higher-level causation, fits with recent developments in philosophy of causation, and motivates adjustments to standard difference-making accounts of causation. I conclude that at least half of the proportionality principle is worth taking seriously. (shrink)

A cause is proportional to its effect when, roughly speaking, it is at the right level of detail. There is a lively debate about whether proportionality is a necessary condition for causation. One of the main arguments against a proportionality constraint on causation is that many ordinary and seemingly perfectly acceptable causal claims cite causes that are not proportional to their effects. In this paper, I suggest that proponents of a proportionality constraint can respond to this objection (...) by developing an idea that is present in Yablo’s early work on proportionality, but which has strangely been ignored by both Yablo and others in the subsequent debate. My suggestion is that proportionality—and, indeed, causation itself—is relative to a domain of events. At the metaphysical level, this means that the causal relation has an extra relatum—namely, a domain of events. At the level of language, it introduces a new way in which causal claims are context-sensitive: what is expressed by a causal claim depends on the contextually relevant domain of events. As I argue, this suggestion allows us to accommodate the truth of ordinary causal claims while extending the explanatory benefits of a proportionality constraint. (shrink)

If counterfactual dependence is sufficient for causation and if omissions can be causes, then all events have many more causes than common sense tends to recognize. This problem is standardly addressed by appeal to pragmatics. However, Carolina Sartorio [2010] has recently raised what I shall argue is a more interesting problem concerning omissions for counterfactual theories of causation—more interesting because it demands a more subtle pragmatic solution. I discuss the relationship between the idea that causes are proportional to their effects, (...) the idea that causation is contrastive, and the question of the dimensions along which causal explanations should be evaluated with respect to one another. (shrink)

This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be (...) killed in defense against theft or minor assaults. While there is a general moral right of self-defense and a general right to life, the scope of these rights depends on certain social facts that—even within a liberal framework—can differ from one society to another. Moreover, the proportionality of self-defense does not depend on the rights of the aggressor alone, but also on a precautionary rule, shaped by the balance of interests of the society in question and aimed at protecting innocent people and other social interests. This rule can protect an aggressor even in cases where he does not have the right to such protection. (shrink)

Theories of causation grounded in counterfactual dependence face the problem of profligate omissions: numerous irrelevant omissions count as causes of an outcome. A recent purported solution to this problem is proportionality, which selects one omission among many candidates as the cause of an outcome. This paper argues that proportionality cannot solve the problem of profligate omissions for two reasons. First: the determinate/determinable relationship that holds between properties like aqua and blue does not hold between negative properties like not (...) aqua and not blue. Negative properties are those at stake in omissive causation. Second: proportionality misconstrues the nature of the problem to be solved. (shrink)

Some collateral harms affecting enemy civilians during a war are agentially mediated – for example, the US-led invasion of Iraq in 2003 sparked an insurgency which killed thousands of Iraqi civilians. I call these ‘collaterally enabled harms.’ Intuitively, we ought to discount the weight that these harms receive in the ‘costs’ column of our ad bellum proportionality calculation. But I argue that an occupying military force with de facto political authority has a special obligation to provide minimal protection to (...) the civilian population. As a result, when an occupying military force collaterally enables a harm affecting the civilian population, the weight that the harm ought to receive in the ad bellum proportionality calculation is unaffected by the fact that the harm is agentially mediated – it ought to be weighed at least as heavily as those harms that the occupying force collaterally commits directly. As a result, satisfying the ad bellum proportionality constraint in wars of territorial occupation is more difficult than it has been thought. (shrink)

When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take the winner-take-all approach, and award (...) the good to the party with the strongest claim. On the other hand, we could divide the good proportionally, according to the relative strength of each party's claim. Because the choice between these two methods of distribution can have a dramatic impact on the resulting pattern of distribution, the choice presents a question of justice. But this is a question of justice that is often overlooked. As a result, we currently employ the principle of proportionality far less often than justice actually requires. If we focus on the question of distributive method, however, we are not only better able to understand how certain reasons enter into our all-things-considered moral judgments, we are also able to explain some perplexing but common aspects of our moral beliefs: how rights can be said to have peremptory force, yet still be balanced against other important interests; how justice can sometimes require compromise, yet sometimes require victory; and how a moral theory can avoid being too demanding while still being demanding enough. Key Words: autonomy • equality • indivisibility • inviolability • weighted lotteries • rights. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

The common view that Aquinas changed his mind about analogy (before and after De Veritate 2.11) is unwarranted. Dialectical context, and clarifications about the logic of analogy and the implications of proportionality, reveal consistency in Aquinas's teaching on the analogy of divine names.

This paper looks at the nature of normal-proper functions and the role they play in theories of representational content. More specifically: I lay down two desiderata for a theory which tries to capture what's distinctive of normal-proper functions and discuss two prominent theories which claim to satisfy them. I discuss the advantages of having normal-proper functions ground a theory of representational content. And, I look at both orthodox and heterodox versions of such theories.

Even in just wars we infringe the rights of countless civilians whose ruination enables us to protect our own rights. These civilians are owed compensation, even in cases where the collateral harms they suffer satisfy the proportionality constraint. I argue that those who authorize or commit the infringements and who also benefit from those harms will bear that compensatory duty, even if the unjust aggressor cannot or will not discharge that duty. I argue further that if we suspect antecedently (...) that we will culpably refrain from compensating those victims post bellum, then this makes satisfying the war’s proportionality constraint substantially more difficult at the outset of the war. The lesson here is that failing to take duties of compensation in war seriously constrains our moral permission to protect ourselves. (shrink)

There is widely thought to be a proportionality constraint on harming others in self-defense, such that an act of defensive force can be impermissible because the harm it would inflict on an attacker is too great relative to the harm to the victim it would prevent. But little attention has been given to whether a corresponding constraint exists in the ethics of compensation, and, if so, what the nature of that constraint is. This article explores the issue of (...) class='Hi'>proportionality as it applies to the liability to compensate. The view that some perpetrators are not liable to pay full compensation because doing so would be disproportionately burdensome is clarified and defended, and it is asked what view we should adopt instead. A key step in that inquiry is an argument that someone is liable to bear the cost of compensating for an injury if and only if she would have been liable to bear that same cost in defense against that same injury ex ante. (shrink)

As well as disagreeing about how much one should donate to charity, moral theories also disagree about where one should donate. In light of this disagreement, how should the morally uncertain philanthropist allocate her donations? In many cases, one intuitively attractive option is for the philanthropist to split her donations across all of the charities that are recommended by moral views in which she has positive credence, with each charity’s share being proportional to her credence in the moral theories that (...) recommend that particular charity. Despite the fact that something like this approach is already being used by real-world philanthropists to distribute billions of dollars of donations, it is not supported by any of the approaches to moral uncertainty that have been proposed thus-far in the philosophical literature. In this paper, we will develop a bargaining-based approach to moral uncertainty that honors the proportionality intuition in favor of splitting one’s donations. We also show how this bargaining-based approach has several further advantages over the best alternative proposals. (shrink)

Fictional names present unique challenges for semantic theories of proper names, challenges strong enough to warrant an account of names different from the standard treatment. The theory developed in this paper is motivated by a puzzle that depends on four assumptions: our intuitive assessment of the truth values of certain sentences, the most straightforward treatment of their syntactic structure, semantic compositionality, and metaphysical scruples strong enough to rule out fictional entities, at least. It is shown that these four assumptions, (...) taken together, are inconsistent with referentialism, the common view that names are uniformly associated with ordinary individuals as their semantic value. Instead, the view presented here interprets names as context-sensitive expressions, associated in a context of utterance with a particular act of introduction, or dubbing, which is then used to determine their semantic value. Some dubbings are referential, which associate names with ordinary individuals as their semantic values; others are fictional, which associate names, instead, with sets of properties. Since the semantic values of names can be of different sorts, the semantic rule interpreting predication must be complex as well. In the body of the paper, I show how this new treatment of names allows us to solve our original puzzle. I defend the complexity of the semantic predication rule, and address additional worries about ontological commitment. (shrink)

It is commonly assumed that causation is transitive and in this paper I aim to reconcile this widely-held assumption with apparent evidence to the contrary. I will discuss a familiar approach to certain well-known counterexamples, before introducing a more resistant sort of case of my own. I will then offer a novel solution, based on Yablo’s proportionality principle, that succeeds in even these more resistant cases. There is a catch, however. Either proportionality is a constraint on which causal (...) claims are true, and the solution works, or it is not and causation is not transitive after all. I will argue that the first horn has unacceptable consequences and should be rejected, but that the second horn is less costly than it might initially appear. (shrink)

Background: Facial proportionality and symmetry are positively associated with perceived levels of facial attractiveness. -/- Objective: The aims of this study were to confirm and extend the association of proportionality with perceived levels of attractiveness and character traits and determine differences in attractiveness and character ratings between "anomalous" and "typical" faces using a large dataset. -/- Methods: Ratings of 597 unique individuals from the Chicago Face Database were used. A formula was developed as a proxy of relative horizontal (...) proportionality, where a proportionality score of "0" indicated perfect proportionality and more negative scores indicated less proportionality. Faces were categorized as "anomalous" or "typical" by 2 independent reviewers based on physical features. -/- Results: Across the ratings for all faces, Spearman correlations revealed greater proportionality was associated with attractiveness ( ρ = 0.292, P < 0.001) and trustworthiness ( ρ = 0.193, P < 0.001), while lesser proportionality was associated with impressions of anger (ρ = 0.132, P = 0.001), dominance (ρ = 0.259, P < 0.001), and threateningness ( ρ = 0.234, P < 0.001). Mann-Whitney U tests revealed the typical cohort had significantly higher levels of proportionality (-13.98 versus -15.14, P = 0.030) and ratings of attractiveness (3.39 versus 2.99, P < 0.001) and trustworthiness (3.48 versus 3.35, P < 0.001). -/- Conclusions: This study demonstrated that facial proportionality is not only significantly associated with higher ratings of attractiveness, but also associated with judgements of trustworthiness. Proportionality plays a role in evoking negative attributions of personality characteristics to people with facial anomalies. (shrink)

Jonathan Quong proposes the following “Stringency Principle” for proportionality in self-defense: “If a wrongful attacker threatens to violate a right with stringency level X, then the level of defensive force it is proportionate to impose on the attacker is equivalent to X.” I adduce a counter-example that shows that this principle is wrong. Furthermore, Quong assumes that what determines the stringency of a person’s right is exclusively the amount of force that one would have to avert from someone else (...) in order to have a necessity justification for one’s transgressing the right in order to avert said force. Yet, Quong provides no argument as to why, first, the stringency of a right should be measured exclusively with reference to permissible rights-infringement; and second, he provides no explanation as to why the permissibility of the rights-infringement should be established with reference to “someone else,” namely with reference to an “innocent person,” instead of with reference to the person against whom the right in question is actually being held: the aggressor. I argue that the latter option is certainly the more plausible one, but so amended the stringency principle will be unable to adjudicate any substantive questions about proportionality in self-defense. In particular, Quong’s account cannot “explain” – contrary to what Quong claims – the allegedly intuitive judgment that one must not kill in defense of property or in order to avoid minor injuries. (shrink)

Proper functionalism explicates epistemic warrant in terms of the function and normal functioning of the belief-forming process. There are two standard substantive views of the sources of functions in the literature in epistemology: God (intelligent design) or Mother Nature (evolution by natural selection). Both appear to confront the Swampman objection: couldn’t there be a mind with warranted beliefs neither designed by God nor the product of evolution by natural selection? Is there another substantive view that avoids the Swampman objection? (...) There are two. The first is the generalized selected-effects theory of functions. The second is the organizational theory of functions. Both, however, require some history to assign functions, for both are etiological theories of functions: past effects help explain current function. Swampman can then acquire functions, perhaps soon after creation, though he has none at the moment of inception. (shrink)

This is review essay of Mark Sainsbury's Reference without Referents. Its main part is a critical discussion of Sainsbury's proposal for the individuation of proper name using practices.

The ethical Principle of Proportionality requires combatants not to cause collateral harm excessive in comparison to the anticipated military advantage of an attack. This principle is considered a major (and perhaps insurmountable) obstacle to ethical use of autonomous weapon systems (AWS). This article reviews three possible solutions to the problem of achieving Proportionality compliance in AWS. In doing so, I describe and discuss the three components Proportionality judgments, namely collateral damage estimation, assessment of anticipated military advantage, and (...) judgment of “excessiveness”. Some possible approaches to Proportionality compliance are then presented, such as restricting AWS operations to environments lacking civilian presence, using AWS in targeted strikes in which proportionality judgments are pre-made by human commanders, and a ‘price tag’ approach of pre-assigning acceptable collateral damage values to military hardware in conventional attritional warfare. The article argues that application of these three compliance methods would result in AWS’ achieving acceptable Proportionality compliance levels in many combat environments and scenarios, allowing AWS to perform most key tasks in conventional warfare. (shrink)

There is a fairly general consensus that names are Millian (or Russellian) genuine terms, that is, are singular terms whose sole semantic function is to introduce a referent into the propositions expressed by sentences containing the term. This answers the question as to what sort of proposition is expressed by use of sentences containing names. But there is a second serious semantic problem about proper names, that of how the referents of proper names are determined. This is the (...) question that I will discuss in this paper. Various views consistent with Millianism have been proposed as to how the semantic referents of proper names are determined. These views can be classified into (1) description theories and (2) causal theories, but they can also be classified into (3) social practice theories, on which a name’s referent is determined by a social practice involving the referent, and (4) individualistic theories, on which the referent of the use of a name is determined by the speaker’s state of mind. Here I argue against social practice theories of the sorts proposed by Kripke and Evans and in favor of an individualistic approach to name reference. I argue that social practice is irrelevant to determining name reference and that, as a consequence, names have no meanings in natural languages. In the second part of the paper I motivate and propose a new form of individualistic theory which incorporates features of both description theories and Evans’s social practice theory. (shrink)

Causal exclusion arguments are taken to threaten the autonomy of the special sciences, and the causal efficacy of mental properties. A recent line of response to these arguments has appealed to “independently plausible” and “well grounded” theories of causation to rebut key premises. In this paper I consider two papers which proceed in this vein and show that they share a common feature: they both require causes to be proportional to their effects. I argue that this feature is a bug, (...) and one that generalises: any attempt to rescue the autonomy of the special sciences, or the efficacy of the mental, from exclusion worries had better not look to proportionality for help. (shrink)

Mehlman and Li offer a framework for approaching the bioethical issues raised by the military use of genomics that is compellingly grounded in both the contemporary civilian and military ethics of medical research, arguing that military commanders must be bound by the two principles of paternal- ism and proportionality. I agree fully. But I argue here that this is a much higher bar than we may fully realize. Just as the principle of proportionality relies upon a thorough assessment (...) of harms caused and military advantage gained, the use of genomic research, on Mehlman and Li’s view, will require an accurate understanding of the connection between genotypes and phenotypes – accurate enough to ameliorate the risk undertaken by our armed forces in being subject to such research. Recent conceptual work in evolutionary theory and the philosophy of biology, however, renders it doubtful that such knowledge is forthcoming. The complexity of the relationship between genotypic factors and realized traits (the so-called ‘G→P map’) makes the estimation of potential military advantage, as well as potential harm to our troops, incredibly challenging. Such fundamental conceptual challenges call into question our ability to ever satisfactorily satisfy the demands of a sufficiently rigorous ethical standard. (shrink)

This paper argues that proper functions are proximal functions. In other words, it rejects the notion that there are distal biological functions – strictly speaking, distal functions are not functions at all, but simply beneficial effects normally associated with a trait performing its function. Once we rule out distal functions, two further positions become available: dysfunctions are simply failures of proper function, and pathological conditions are dysfunctions. Although elegant and seemingly intuitive, this simple view has had surprisingly little (...) uptake in the literature. Indeed, our position departs from that of almost every theorist who has engaged with the issue at any depth. We start by presenting three arguments for the position that proper functions are proximal: one from the specificity of functions, one from their relation to intervention, and one from their relation to pathology. We then consider two case studies evidencing the trouble that accepting distal functions causes for philosophical reflection on the nature of pathological conditions. Finally, we anticipate and respond to three objections: that there can be failure of function without dysfunction; that our account is unacceptably revisionary in respect of normal function-talk; and that our thesis over-generalises from a narrow set of cases. (shrink)

A nation commits mitigated aggression by threatening to kill the citizens of a victim nation if and only if they do not submit to being ruled in a non-egregiously oppressive way. Such aggression primarily threatens a nation’s common way of life . According to David Rodin, a war against mitigated aggression is automatically disproportionate, as the right of lethal self-defense only extends to protecting against being killed or enslaved. Two strategies have been adopted in response to Rodin. The first strategy (...) grants that CWL is insufficiently valuable to lethally defend, however, other considerations can satisfy the proportionality requirement. I argue that this strategy is not persuasive. The second strategy argues for the sufficient value of CWL. This, however, fails to answer the forceful ‘benign dictator’ objection. I respond to this objection by grounding the proportionality of a defensive war in the value of what Phillip Pettit calls ‘anti-power’. (shrink)

Therapists and related theorists and practitioners of mental health tend to hold one of two broad views about how to help patients. On the one hand, some maintain that, or at least act as though, the basic point of therapy is to help patients become clear about what they want deep down and to enable them to achieve it by overcoming mental blockages. On the other hand, there are those who contend that the aim of therapy should instead be to (...) psychologically enable patients to live objectively desirable lives, say, ones that involve developing their inherent talents or exhibiting an authentic/strong/integrated self. In this chapter, I argue that neither of these prominent approaches is complete. Contra the former, sometimes what patients want deep down is not something to promote, and, against the latter, it can sometimes be reasonable for patients to want to sacrifice their own objective interests and for therapists to assist them in this regard. I argue that the category of meaningfulness does well at accounting for these counterexamples to the two dominant approaches, while capturing the kernels of truth in them. The proper aim of therapy, I suggest, is to enable patients to live meaningfully. (shrink)

In this paper, I develop and motivate a novel formulation of the safety condition in terms of etiological proper function. After testing this condition against the most pressing objections to safety-theoretic accounts of knowledge in the literature, my conclusion will be the following: once safety is suitably understood in terms of etiological proper function, it stands a better chance as the right anti-Gettier condition on knowledge.

It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as (...) a legitimate ethical measure. From there I argue that only certain benefits and harms should be counted in any determination of proportionality. Finally I look at how context can affect the proportionality of a particular method of surveillance. In conclusion, I hold that proportionality is not only a morally relevant criterion by which to assess surveillance, but that it is a necessary criterion. Furthermore, while granting that it is difficult to assess, that difficulty should not prevent our trying to do so. (shrink)

Minimalism about truth is one of the main contenders for our best theory of truth, but minimalists face the charge of being unable to properly state their theory. Donald Davidson incisively pointed out that minimalists must generalize over occurrences of the same expression placed in two different contexts, which is futile. In order to meet the challenge, Paul Horwich argues that one can nevertheless characterize the axioms of the minimalist theory. Sten Lindström and Tim Button have independently argued that Horwich’s (...) attempt to formulate minimalism remains unsuccessful. We show how to properly state Horwich’s axioms by appealing to propositional functions that are given by definite descriptions. Both Lindström and Button discuss proposals similar to ours and conclude that they are unsuccessful. Our new suggestion avoids these objections. (shrink)

In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible (...) malfunction cases and helps to block the above objections. We also advance a positive argument for explanationist proper functionalism. (shrink)

This is an essay on Kant's neglected late tract On a Recently Adopted Prominent Tone in Philosophy (RTP) and Derrida's oblique commentary on this work in his D'un ton apocalyptique adopté naguère en philosophie. The theme of the essay is metaphilosophical and considers issues concerning the nature of critical philosophy, fanaticism (Schwärmerei), and the use of religious tropes in philosophy. I am primarily interested in the ways in which RTP thematises the legitimacy of speaking in an exalted, quasi-religious tone apropos (...) of the authority of Reason as a self-legitimising capacity in philosophical speech. An important additional reason for taking a closer look at this text is because the late Jacques Derrida (1930–2004) took a great interest in this work of Kant’s and, indeed, emphasised, rightly I think, that despite its prima facie rhetorically charged, polemical nature this work—which might at first be taken to be merely a lampoon—is anything but insignificant in Kant’s œuvre. Derrida’s On a Recently Adopted Apocalyptic Tone in Philosophy, originally published in 1983, is an oblique commentary on Kant’s RTP, and aims to expose to view the alleged hidden underpinnings of Kant’s polemic against exaltation or fanaticism (Schwärmerei) in philosophy. Derrida tries to show that Kant’s appeal for tonal moderation in philosophy, for a measured speech, which should rein in exalted modes of speech, is itself not neutral and rather fundamentally biased against an exalted, quasi-religious, manner of thought. It is evident that, as he himself notes early on in RTP, Kant is predisposed towards a more Aristotelian, academic kind of philosophy, which adopts a “proper” tone or pitch in philosophical debate, but Derrida claims that Kant himself raises his voice precisely in lampooning exalted thinkers. I am particularly interested in the extent to which Derrida’s critique manifests a fundamental misapprehension of the Kantian mode of moderating critique. By expounding this misapprehension, Kant’s own reasons for his philippic against religious or quasi-religious talk in philosophy are foregrounded, thus showing the nature of properly critical thought. At the same time, I shall show how Derrida underestimates the self-reflexivity, and hence properly critical, self-authorising mode of thinking, underlying his own oblique references to the adieu as a trope for quasi-transcendental intentionality towards the so-called ‘Other’. (shrink)

Intuitions play an important role in contemporary philosophy. It is common for theories in epistemology, morality, semantics and metaphysics to be rejected because they are inconsistent with a widely and firmly held intuition. Our goal in this paper is to explore the role of epistemic intuitions in epistemology from a naturalistic perspective. Here is the question we take to be central: (Q) Ought we to trust our epistemic intuitions as evidence in support of our epistemological theories? We will understand this (...) question as employing an epistemic ‘ought’ – insofar as we aim at developing a correct epistemological theory, ought we to trust our epistemic intuitions as evidence for or against our epistemological theories? As it stands, (Q) needs further clarification. Whether something is trustworthy is relative to what (a) what it is and (b) what we’re asking it to do. Sam might trust Marie but not George to care for his children, while he might trust both to care for his pet fish. So in order to address (Q), we first need to explore two questions: What are epistemic intuitions? And what sort of epistemological theories do we want? We will take up each of these questions in the following sections. (shrink)

Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘two-step’ and ‘proportionality’ elements distort reality by promoting a false (...) picture of rights and constitutional decision-making. This would cause negative moral consequences. This article seeks to defend TSPB against these criticisms and to depict it in a more appropriate and favourable light. First, it is argued that both aspects of TSPB do not have the dire moral consequences that opponents suggest they have. Second, it is argued that TSPB, deploying notions such as burdens, presumptions and prima facie/defeasible propositions, constitutes a valuable framework for public argumentation and authoritative decision-making. (shrink)

The question of transtemporal identity of objects in general and persons in particular is an important issue in both philosophy and psychology. While the focus of philosophers traditionally was on questions of the nature of identity relation and criteria that allow to settle ontological issues about identity, psychologists are mostly concerned with how people think about identity, and how they track identity of objects and people through time. In this article, we critically engage with widespread use of inferring folk judgments (...) of identity from study participants’ use of proper names in response to experimental vignettes. We provide reasons to doubt that using this method one can reliably infer judgments of numerical identity over time and transformations. We also critically examine allegedly-Kripkean justification of this method and find it lacking. Merely assuming that names are rigid designators will not help. A study participant’s use of proper names can be taken to track the participant’s identity judgments only if supported by the participant’s belief that names used in the scenario are used rigidly. (shrink)

Embodied cognitive science has argued that cognition is embodied principally in virtue of grossmorphological and sensorimotor features. This thesis argues that cognition is also internally embodied in affective and fine-grained physiological features whose transformative roles remain mostly unnoticed in contemporary cognitive science. I call this ‘proper embodiment’. I approach this larger subject by examining various emotion theories in philosophy and psychology. These tend to emphasise one of the many gross components of emotional processes, such as ‘feeling’ or ‘judgement’ to (...) the detriment of the others, often leading to an artificial emotion-cognition distinction even within emotion science itself. Attempts to reconcile this by putting the gross components back together, such as JessePrinz’s “embodied appraisal theory”, are, I argue, destined to failure because the vernacular concept of emotion which is used as the explanandum is not a natural kind and is not amenable to scientific explication.I examine Antonio Damasio’s proposal that emotion is involved in paradigmatic ‘cognitive’ processing such as rational decision making and argue (1) that the research he discusses does not warrant the particular hypothesis he favours, and (2) that Damasio’s account, though in many ways a step in the right direction, nonetheless continues to endorse a framework which sees affect and cognition as separate (though now highly interacting) faculties. I further argue that the conflation of ‘affect’ and 'emotion' may be the source of some confusion in emotion theory and that affect needs to be properly distinguished from ‘emotion’. I examine some dissociations in the pain literature which give us further empirical evidence that, as with the emotions, affect is a distinct component along with more cognitive elements of pain. I then argue that affect is distinctive in being grounded in homeostatic regulative activity in the body proper. With the distinction between affect, emotion, and cognition in hand, and the associated grounding of affect in bodily activity, I then survey evidence that bodily affect is also involved in perception and in paradigmatic cognitive processes such as attention and executive function. I argue that this relation is not ‘merely’ casual. Instead, affect (grounded in fine-grained details of internal bodily activity) is partially constitutive of cognition, participating in cognitive processing and contributing to perceptual and cognitive phenomenology. Finally I review some work in evolutionary robotics which reaches a similar conclusion, suggesting that the particular fine details of embodiment, such as molecular signalling between both neural and somatic cells matters to cognition. I conclude that cognition is properly embodied’ in that it is partially constituted by the many fine-grained bodily processes involved in affect (as demonstrated in the thesis) and plausibly by a wide variety of other fine-grained bodily processes that likewise tend to escape the net of contemporary cognitive science. (shrink)

"Modern History" versions of the etiological theory claim that in order for a trait X to have the proper function F, individuals with X must have been recently favored by natural selection for doing F (Godfrey-Smith 1994; Griffiths 1992, 1993). For many traits with prototypical proper functions, however, such recent selection may not have occurred: traits may have been maintained due to lack of variation or due to selection for other effects. I examine this flaw in Modern History (...) accounts and offer an alternative etiological theory, the Continuing Usefulness account, which appears to avoid such problems. (shrink)

Crucially, blame can be addressed to its targets, as an implicit demand for recognition. But when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations, we face a puzzle. If they would, their offense reflects a deliberative mistake, and blame’s hostility seems unnecessary. If they wouldn’t, addressing them is futile, and blame’s emotional engagement seems unwarranted. To resolve this puzzle, I develop an account of blame as a proleptic response to indeterminacy (...) in its target’s reasons, yielding attractive accounts of blame’s relation both to internal reasons claims and to free will. (shrink)

When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to hold a (...) class='Hi'>proportionality requirement. We show that there is logical space for at least two other, non-proportionate ways of meting out deserved penalties, and we also argue that they have important advantages relative to the dominant, proportionality approach. (shrink)