The paper presents a new argument for epistemic permissivism. The version of permissivism that we defend is a moderate version that applies only to explicit doxastic attitudes. Drawing on Yalcin’s framework for modeling such attitudes, we argue that two fully rational subjects who share all their evidence, prior beliefs, and epistemic standards may still differ in the explicit doxastic attitudes that they adopt. This can happen because two such subjects may be sensitive to different questions. Thus, differing intellectual interests (...) can yield failures of uniqueness. This is not a merely pragmatic phenomenon. (shrink)

I offer a philosophical account of vowing and the rationality of vow-making. I argue that vows are most productively understood as exceptionless resolutions that do not have any excusing conditions. I then articulate an apparent problem for exceptionless vow-making: how can it be rational to bind yourself unconditionally, when circumstances might change unexpectedly and make it the case that vow-keeping no longer makes sense for you? As a solution, I propose that vows can be rational to make only (...) if they are implicitly conditional on a personal identification or social role that is itself escapable. (shrink)

This article argues that resolutions are reason-giving: when an agent resolves to φ, she incurs an additional normative reason to φ. Resolution-making is therefore a normative power: an ability we have to alter our normative circumstances through sheer acts of will. I argue that the reasons we incur from forming resolutions are importantly similar to the reasons we incur from making promises. My account explains why it can be rational for an agent to act on a past (...) class='Hi'>resolution even if temptation causes a shift in her preferences and even her judgment about what to do, and offers a response to a common objection to the normativity of resolutions known as the bootstrapping problem, on which if resolutions were reason-giving, they would problematically allow us to bootstrap any action into rationality simply by resolving to perform it. (shrink)

In this paper we present an account of practical rationality and weakness of will in terms of rational capacities. We show how our account rectifies various shortcomings in Michael Smith's related theory. In particular, our account is capable of accommodating cases of weak-willed behaviour that are not `akratic', or otherwise contrary to the agent's better judgement. Our account differs from Smith's primarily by incorporating resolve: a third rational capacity for resolute maintenance of one's intentions. We discuss further two (...) ways to explain the importance of resolve to practical rationality: one based on Richard Holton's recent work, and an alternative, non-consequentialist account. (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations (...) into co-operation by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

Contractarians aim to derive moral principles from the dictates of instrumental rationality alone. But it is well-known that contractarian moral theories struggle to identify normative principles that are both uniquely rational and morally compelling. Michael Moehler's recent book, *Minimal Morality* seeks to avoid these difficulties by developing a novel "two-level" social contract theory, which restricts the scope of contractarian morality to cases of deep and persistent moral disagreement. Yet Moehler remains ambitious, arguing that a restricted version of Kant's categorical (...) imperative is a uniquely rational principle of conflict resolution. We develop a formal model of Moehler's informal game-theoretic argument, which reconstructs a valid argument for Moehler's conclusion. This model, in turn, enables us to expose how a successful argument for Moehler's contractarian principle rests on assumptions that can only be justified by subtle yet significant departures from the standard conception of rationality. We thus extend our understanding of familiar contractarian difficulties by showing how they arise even if we restrict the scope of contractarian morality to a domain where its application seems both promising and necessary. We show that the problem lies not in contractarians' immodest ambitions but in the modest resources rationality can offer to satisfy them. (shrink)

Human reproduction has long been assumed to be an act of the blind force of nature, to which humans were subject, like the weather. However, with recent concerns about the environmental impact of human population, particularly resource depletion, human reproduction has come to be seen as a moral issue. That is, in general, it may be moral or immoral for people to continue propagating their species. The past decade’s philosophical discussions of the question have yielded varying results. This dissertation takes (...) on the issue in a broader moral perspective and asks not only whether it is moral to reproduce but why one should. That is, are there positive normative reasons, whether moral or rational, to reproduce? This thesis approaches this problem first by facing three general philosophical challenges to its resolution: from contemporary population and environmental ethics and rationality theory; from traditional Western schools of moral philosophy; and from recent attempts to answer the narrower question of whether one should reproduce. The thesis finds that exploring these challenges cannot yield a clear response. However, taking cues from many of these approaches, such as care ethics’ emphasis on values, the dissertation proposes that lacking from recent attempts is recognition of a source-value for all human values, viz. the valuing of life in and of itself. Proposing that this valuing is a characteristic of humans and of how they value, it looks to anthropology for empirical justification. It observes that many cultures and individuals frequently prioritize their values so as to devalue this source valuing. Yet, when those value prioritizations give this valuing high priority, there may be some moral justification for reproduction. Furthermore, if one subscribes to the tenets of rationality, which enjoin agents to formulate their beliefs for action based upon the results of rational inquiry, this normative force may invest this descriptive (empirical) hypothesis about values with normative force to guide actions. That is, given certain value prioritizations, it may be rational as well as moral to reproduce. The thesis question of why one should reproduce would then at least have a plausible answer. (shrink)

Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us by (...) way of motives that are sensuous, natural and given from without, the other by motives that are intellectual, rational, and given from within. Each set of motives belongs to a system of laws – natural motives to the laws of nature, rational motives to the laws of freedom. For Kant, all things, including actions, are what they are in virtue of the laws governing them; actions, qua actions, are always governed by laws that govern individual wills. These laws are Kantian maxims, 'or subjective practical laws.' Maxims, for Kant, thus make actions the actions they are. The chapter then maps out the implications of this motivational architecture for Kant's theory of value. Maxims always advert to or 'contain' both ends and means. Ends are always specifications of one of two ultimate ends. Actions have the moral value they have depending on which of two ultimate ends the maxim adverts to. The possibilities are 'happiness,' or gratification of desires with sensuous origins, and 'duty,' or accord with the moral demand to will in ways that respect free rational agency wherever it is found. Only actions aimed at the latter – actions with rational motives – have moral value. Actions aimed at the former – actions with natural motives – though not immoral in themselves, become so when pursuit works against rational motives. For Kant, actions aimed at happiness are ultimately allied with efforts to sustain our 'animal' existence, and so are governed by terms and conditions given by the natural world. Actions aimed at duty, in contrast, are ultimately allied with efforts to impose a rational form on nature, to make it over, so to speak, according to values not given by nature itself. Actions aimed at duty, therefore, create a specifically moral world, one in which mores and norms, formal and informal arrangements, institutions, policies, and so on, realize, harmonize, and promote free rational agency itself. Finally, the chapter addresses motivations for Kant's view. The architecture of will and the theories of action and value he proposes allow Kant to accommodate a host of intuitions and commitments. His view makes room for metaphysically free agency, and for the lived experience of motivational freedom from ever-changing natural desires. It makes room for conflicts within the will while still holding out hope that resolution is possible. It accommodates views that the best human lives engage 'higher' faculties in sustained ways. It identifies a stable, necessary, universal end amidst the evident contingency, pluralism, and instability of most ends. It makes us, and not God or nature, the authors of our moral lives. In the end, Kant's 'anti-consequentialism,' his focus on intentions, is a way of insisting on actions that take their character and value from what should matter most to us, namely individual and collective free rational agency, rather than only and always taking the character of reactive responses to circumstance. (shrink)

Humanity faces two basic problems of learning: learning about the universe, and learning how to become civilized. We have solved the first problem, but not the second, and that puts us in a situation of great danger. Almost all our global problems have arisen as a result. It has become a matter of extreme urgency to solve the second problem. The key to that is to learn from our solution to the first problem how to solve the second one. This (...) was the basic idea of the 18th century Enlightenment, but in implementing it, the Enlightenment blundered. Their mistakes are still built into academia today. In order to create a civilized world, it is essential we cure academia of the structural blunders inherited from the Enlightenment. We need to bring about a revolution in science, and in academia more broadly so that the basic aim becomes wisdom, and not just knowledge. (shrink)

Freud’s discussion of uncanny [unheimlich] experiences focuses on their peculiar ambivalence. On his view, the uncanny is a paradoxical feeling of both familiarity and alienation. While Freud’s analysis of this paradoxical feeling does succeed in explaining it away, it does little to explain it. One might expect a psychoanalytical demystification of the real experience that is hidden behind the superstitious overtones of uncanny experiences. Instead, the uncanny is attributed rather anti- climactically to the combination of a previous superstition (maintained unconsciously) (...) and an entirely coincidental verification of that superstition. The implication is that there is no uncanny per se. There is no distinctive category of experience, the unique character of which tends to cause or encourage superstitious beliefs; rather, such beliefs are prerequisite to having the experience. In other words, the experience suits the belief, and not vice-versa. The uncanny is the fantasized verification of a repressed fantasy. It involves a breakdown of the reality principle and the projection of beliefs into the external world, rather than a peculiarity of feeling that can be linked intrinsically to a specific category of experience. I do not intend to reject this analysis in its entirety. The basic structure, repression and return, is sound. However, Freud’s analysis of the uncanny, which resolves uncanny ambivalence into the separate categories of consciousness and unconsciousness, merely reinstates the problematical opposition of das heimliche and das unheimliche, familiar and unfamiliar, within the mind rather than in the external world. The coincidence of the two feelings in uncanny experience cannot be explained without an intervening stage between repression and return. I will suggest that Freud’s characterization of uncanniness as the return, in superstition, of the repressed is a misplacement of the experience of uncanniness. The aesthetical feeling is the cause of, but not identical to, the projected superstitions and ideas which surround it. An explanation of the feeling of uncanniness must fall not on the side of the repressed, but on the side of consciousness. The import of my position is that the feeling of uncanniness refers, in a manner of speaking, to something “real,” rather than merely to infantile ideas projected upon the external world. Freud’s explanation makes the unconscious a kind of scapegoat to be blamed for imposing fundamentally irrational beliefs into our interpretation of present experience, in that way preserving a model of the conscious ego as autonomous, fundamentally attuned to reality and ultimately independent of the unconscious. I will argue, on the contrary, that the experience of the uncanny is not merely a falling back into irrational or infantile beliefs, but an experience of a deep disunity in personhood that rightly causes us to question our everyday confidence in the unity, independence, and rationality of our conscious sense of self. The ambivalence of the feeling has its source in an irresolvable ambivalence that can exist in consciousness, and not simply in an analytically resolvable psychical ambivalence between consciousness and the unconscious. (shrink)

Disagreements that resist rational resolution, often termed “deep disagreements”, have been the focus of much work in epistemology and informal logic. In this paper, I argue that they also deserve the attention of philosophers of mathematics. I link the question of whether there can be deep disagreements in mathematics to a more familiar debate over whether there can be revolutions in mathematics. I propose an affirmative answer to both questions, using the controversy over Shinichi Mochizuki’s work on the (...) abc conjecture as a potential example of both phenomena. I conclude by investigating the prospects for the resolution of mathematical deep disagreements in virtue-theoretic approaches to informal logic and mathematical practice. (shrink)

Previously it was found that the Thing is both One Thing and another Thing at the same time. The Understanding rejects such a contradiction but Reason accepts what comes before it and allows the necessity in thought to proceed to its own conclusion. The attempt to maintain distinctions such as essential vs. unessential, singleness vs. universality, etc. may appeal to what is called ‘ordinary common sense,’ but it can now be seen that they are really only abstractions from the actual (...) truth that constitutes the entirety of perceptual consciousness. Those who do not have the presence of mind to rise above the being of the material of sense may proudly assert what they consider to be real and solid, while in truth it is only the play of abstractions that they deal with, so that such boasting is poorest where it fancies itself to be the richest. Rather than apprehending Truth, such an attitude sets itself against the Truth by calling it mere thought, ‘only in the mind’, etc. It is not possible for them to engage in scientific philosophy in which one result proceeds from another by rational necessity because they think that convincing by argument (holding one side against the other) is the natural process for winning Truth. But this is the definition of sophistry, directly the opposite of scientific philosophy in which Truth unveils itself by the rational necessity of its own dialectical development. In fact, Philosophy does also deal with mental entities but at the same time it recognizes thought as the pure essentiality that it is. It is the ignorance of our ‘scientific age’ that we neither appreciate, understand or even know how to comprehend the origin and nature of thought which is so fundamentally essential to human culture. Those who are the most neglectful of such knowledge are at the same time those who most vehemently propound sensuous materialism in the name of realism and seek to annul the place of thought altogether, thus sapping Truth of its own essence. Perceptual understanding holds on to mere abstract fixed essentialities without comprehending their specific determinations, i.e. it apprehends concepts as simple familiarities and therefore does not penetrate into the actual determinateness that constitutes such concepts. In that way it fails to master them; rather such abstract essentialities become the master of this understanding, constraining it to an endless bondage in opposing dualities. By holding on to only one determinateness as truth in opposition to its other and then turning to the opposite one (e.g., as we find in Kant’s antinomies) the ultimate unessentiality of both is established, yet it ignores this fact. What perceptual consciousness should do is accept the unessentiality of both sides and thereby recognize the sublimation of these opposing elements in a higher unity. Instead of doing that, however, it resorts to the in so far as and thus leads itself into abstractions and untruth. (shrink)

Deep disagreements are characteristically resistant to rational resolution. This paper explores the contribution a virtue theoretic approach to argumentation can make towards settling the practical matter of what to do when confronted with apparent deep disagreement, with particular attention to the virtue of courage.

I intend to bring recent work applying virtue theory to the study of argument to bear on a much older problem, that of disagreements that resist rational resolution, sometimes termed "deep disagreements". Just as some virtue epistemologists have lately shifted focus onto epistemic vices, I shall argue that a renewed focus on the vices of argument can help to illuminate deep disagreements. In particular, I address the role of arrogance, both as a factor in the diagnosis of deep (...) disagreements and as an obstacle to their mutually acceptable resolution. Arrogant arguers are likely to make any disagreements to which they are party seem deeper than they really are and arrogance impedes the strategies that we might adopt to resolve deep disagreements. As a case in point, since arrogant or otherwise vicious arguers cannot be trusted not to exploit such strategies for untoward ends, any policy for deep disagreement amelioration must require particularly close attention to the vices of argument, lest they be exploited by the unscrupulous. (shrink)

What constitutes numerically one and the same tradition diachronically, at different times? This question is the focus of often violent dispute in societies. Is it capable of a rational resolution? Many accounts attempt that resolution with a diagnosis of ambiguity of the disputed concept-Islam, Marxism, or democracy for example. The diagnosis offered is in terms of vagueness, namely the vague criteria for sameness or similarity of central beliefs and practices.

Can God be entirely and supremely just and also entirely merciful, without these two characteristics ending up in contradiction with each other? Anselm of Canterbury considers this question in several places in his works and provides rational resolutions demonstrating the compatibility of divine justice and mercy. This paper considers Anselm's treatment of the problem in the Cur Deus Homo, noting distinctive features of his account, highlighting the seeming incompatibilities between mercy and justice, and setting out his resolution of (...) the problem. (shrink)

Conflicts between morality and prudence are often thought to pose a special problem because the normativity of moral considerations derives from a distinctively moral point of view, while the normativity of prudential considerations derives from a distinctively prudential point of view, and there is no way to ‘put together’ the two points of view. I argue that talk of points of view is a red herring, and that for any ‘prumoral’ conflict there is some or other more comprehensive value – (...) often nameless – that accounts for the relative normative weight of conflicting moral and prudential considerations. The rational resolution of conflict is possible only in virtue of a more comprehensive value that includes the conflicting moral and prudential considerations as parts. (shrink)

This paper examines the philosophy of Jean-Francois Lyotard in relation to the analytic philosophy of deep disagreement. It argues not just that his work has relevance for this debate, but that it offers a challenge to the ‘epistemic paradigm’ present in its academic literature, represented by the two most prominent sets of theories within it – the ‘fundamental epistemic principle’ and ‘hinge epistemology’ views, arguably most strongly represented by Michael Lynch and Duncan Pritchard, respectively. Focussing on Lyotard’s text ‘The Differend’, (...) I show how its conceptual framework and philosophy of language locates the cause of deep disagreement not in the epistemic realm, but in things which do not fully submit to epistemic evaluation: the radically incomplete and open nature of language, and our increasingly politically pluralistic world full of incommensurable differences that do not always admit of rational resolution. Lyotard’s work calls for us to conceptualize deep disagreements as problems of politics, not epistemology, and to find new ways of dealing with disagreements that do not force a solution on them (which often comes at the cost of one party being wronged, or worse) and to create new ways of speaking so that our collective conceptual resources can be increased to better deal with specific cases of dispute. Lyotard’s relevance for the philosophy of deep disagreement is also further discussed with references to Miranda Fricker’s work on ‘epistemic injustice’, which Lyotard, in a different vocabulary, is also concerned with and analyses in ‘The Differend’. (shrink)

Recent years have seen an upsurge of inflammatory speech around the world. Understanding the mechanisms that correlate speech with violence is a necessary step to explore the most effective forms of counterspeech. This paper starts with a review of the features of dangerous speech and ideology, as formulated by Jonathan Maynard and Susan Benesch. It then offers a conceptual framework to analyze some of the underlying linguistic mechanisms at play: derogatory language, code words, figleaves, and meaning perversions. It gives a (...) hypothesis for assessing the moral responsibility of interlocutors in dangerous speech situations. The last section applies this framework to a case of demagogic discourse. The framework offered explains how public discourse has harmed social relations and institutions, and is an obstacle to rational resolutions to the political situation. (shrink)

This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on (...) the resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (shrink)

We often form intentions to resist anticipated future temptations. But when confronted with the temptations our resolutions were designed to withstand, we tend to revise our previous evaluative judgments and conclude that we should now succumb—only to then revert to our initial evaluations, once temptation has subsided. Some evaluative judgments made under the sway of temptation are mistaken. But not all of them are. When the belief that one should now succumb is a proper response to relevant considerations that have (...) newly emerged, can acting in line with one’s previous intention nonetheless be practically rational? To answer this question, I draw on recent debates on the nature of higher-order evidence and on what rationally responding to such evidence involves. I propose that agents facing temptation often have evidence of “deliberative unreliability”, which they ought to heed even when it is “misleading” (that is, even when their evaluative judgments are in fact proper responses to the relevant considerations then available). Because evidence of deliberative unreliability can “dispossess” agents of normative reasons for evaluative judgments and actions that they would otherwise have, being continent despite judging that one should now succumb can often be more rational than giving in. (shrink)

This morning I intended to get out of bed when my alarm went off. Hearing my alarm, I formed the intention to get up now. Yet, for a time, I remained in bed, irrationally lazy. It seems I irrationally failed to execute my intention. Such cases of execution failure pose a challenge for Mentalists about rationality, who believe that facts about rationality supervene on facts about the mind. For, this morning, my mind was in order; it was my action that (...) apparently made me irrational. What, then, should Mentalists say about the phenomenon of execution failure? The phenomenon of execution failure, and the puzzle it raises for Mentalists, have rarely been discussed. This paper addresses the puzzle in two parts. First, it argues that execution failure is a real phenomenon. It is possible for agents to irrationally fail to act on their present-directed intentions. It follows that Mentalists in the philosophy of action must solve the puzzle of explaining what is irrational about cases of execution failure. Second, this paper begins the search for such a solution. It considers six possible resolutions to the puzzle, arguing that none is obviously the most attractive. These resolutions include a requirement of overall conative consistency, an appeal to the norm of intention consistency, a form of Volitionalism, an appeal to factive mental states, and a proposal due to Garrett Cullity, and a novel requirement of proper functioning. (shrink)

This paper explores how transformative experience generates decision-making problems of particular seriousness in medical settings. Potentially transformative experiences are especially likely to be encountered in medicine, and the associated decisions are confronted jointly by patients and clinicians in the context of an imbalance of power and expertise. However in such scenarios the principle of informed consent, which plays a central role in guiding clinicians, is unequal to the task. We detail how the principle’s assumptions about autonomy, rationality and information handle (...) transformative experiences poorly, appealing to several difficult cases for medical decision-making to illustrate the resulting problem, and we consider how the existing literature on complications with consent fails to offer a resolution. We argue that recognition of the problem has a role to play in achieving a more effective response to transformative decisions. In Sect. 1 we introduce several representative cases of challenging patient decision-making that clinicians might face. In Sect. 2 we detail how transformative experience has been analysed in the recent literature, before outlining in Sect. 3 the theoretical basis of the principle of informed consent, which plays a central role in how clinicians are expected to support decision-making. In Sect. 4, having laid the groundwork for a clear description, we return to the cases given in Sect. 1 to confirm how their transformative nature presents a problem: either clinicians treat the decisions faced by these patients as ‘normal’, encouraging them to focus on information provision that patients may be unable to act on, or they treat them as transformative, in which case they lack the resources to recognise whether they are helping patients make (subjectively) good decisions. In Sect. 5 we argue that the existing literature does not offer any escape from this problem. We close in Sect. 6 by noting the significant impact that appreciating the problem of transformative experience could have on supporting transformative decisions in medicine and briefly suggesting how we might aim to develop new approaches to dealing with these. (shrink)

This paper argues for a permissivism of personal rationality, a rationality concerning the epistemic evaluation of persons. I work from the perspective of virtue epistemology where the standards of evaluation are the intellectual character virtues. On this picture, an agent is personally rational in having a doxastic attitude when having it is the result of some exemplification of an intellectual virtue. Permissive cases arise when the emotional components of intellectual virtues conflict, making some potential conclusions both enabled and disabled (...) for the agent. The agent is left in a confusion needing resolution, but if each of these conflicting emotions are components of intellectual virtues, then she has multiple personally rational options. This grounds a potential case of a permissivism of personal rationality, but this should be interesting to epistemologists in general since opting for one of the sides of this conflict leads an agent to have different doxastic attitudes. (shrink)

The preface paradox can be motivated by appealing to a plausible inference from an author’s reasonable assertion that her book is bound to contain errors to the author’s rational belief that her book contains errors. By evaluating and undermining the validity of this inference, I offer a resolution of the paradox. Discussions of the preface paradox have surprisingly failed to note that expressions of fallibility made in prefaces typically employ terms such as surely, undoubtedly, and bound to be. (...) After considering what these terms mean, I show that the motivating inference is invalid. Moreover, I argue that a closer consideration of our expressions of fallibility suggest that epistemically responsible authors would not be rational to believe that their books contain errors. I conclude by considering alternative expressions of fallibility that employ terms such as possible and probable, and discuss the role that expressions of fallibility play in conversation. (shrink)

In this paper, I try to articulate and clarify the role of the epistemic authority of experts in Kuhn’s explanation for the transition process between rival paradigms in the scientific revolutionary period. If science progresses, that process should contribute to the attainment of the cognitive aim of science, namely, the articulation of paradigms increasingly successful at the resolution of problems. It is hard to see that process as rational and as attaining the cognitive aim of science without the (...) consideration of epistemic authority.The mistake of Kuhn was to emphasize and clarify insufficiently the role of the epistemic authority of experts; his critics failed for ignoring it altogether. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

My interest is the kind of philosophical vertigo that is a theme of Cavell’s work on scepticism. This describes the anxiety that is elicited via philosophical engagement with certain kinds of sceptical questions. There is a standing puzzle about this notion of vertigo, however, forcefully pressed, for example, by McDowell. Why should a resolution of the sceptical problem, one that putatively completely undercuts the motivation for scepticism in that domain, nonetheless generate vertigo in this sense? I aim to resolve (...) the puzzle, in a way that I believe underwrites this Cavellian notion, via consideration of Wittgenstein’s remarks on the structure of rational evaluation in his final notebooks, published as On Certainty. (shrink)

When national borders in the modern sense first began to be established in early modern Europe, non-contiguous and perforated nations were a commonplace. According to the conception of the shapes of nations that is currently preferred, however, nations must conform to the topological model of circularity; their borders must guarantee contiguity and simple connectedness, and such borders must as far as possible conform to existing topographical features on the ground. The striving to conform to this model can be seen at (...) work today in Quebec and in Ireland, it underpins much of the rhetoric of the P.L.O., and was certainly to some degree involved as a motivating factor in much of the ethnic cleansing which took place in Bosnia in recent times. The question to be addressed in what follows is: to what extent could inter-group disputes be more peacefully resolved, and ethnic cleansing avoided, if political leaders, diplomats and others involved in the resolution of such disputes could be brought to accept weaker geometrical constraints on the shapes of nations? A number of associated questions then present themselves: What sorts of administrative and logistical problems have been encountered by existing non contiguous nations and by perforated nations, and by other nations deviating in different ways from the received geometrical ideal? To what degree is the desire for continuity and simple connectedness a rational desire, and to what degree does it rest on species of political rhetoric which might be countered by, for example, philosophical argument? These and a series of related questions will form the subject- matter of the present essay. (shrink)

The Comprehensibility of the Universe puts forward a radically new conception of science. According to the orthodox conception, scientific theories are accepted and rejected impartially with respect to evidence, no permanent assumption being made about the world independently of the evidence. Nicholas Maxwell argues that this orthodox view is untenable. He urges that in its place a new orthodoxy is needed, which sees science as making a hierarchy of metaphysical assumptions about the comprehensibility and knowability of the universe, these assumptions (...) asserting less and less as one ascends the hierarchy. This view has significant implications: that it is part of scientific knowledge that the universe is physically comprehensible; that metaphysics and philosophy are central to scientific knowledge; that science possesses a rational, if fallible, method of discovery; that a new understanding of scientific method and rationality is required. Maxwell argues that this new conception makes possible a natural resolution of long-standing philosophical problems about science, regarding simplicity, induction, and progress. His goal is the reform not just of the philosophy of science but of science itself, and the healing of the rift between the two. (shrink)

Though ancient Pyrrhonian skepticism is apparently based on disagreement, this aspect of skepticism has been widely neglected in contemporary discussion on skepticism. The paper provides a rational reconstruction of the skeptical argument from disagreement that can be found in the books of Sextus Empiricus. It is argued that this argument forms a genuine skeptical paradox that has no fully satisfactory resolution. All attempts to resolve it make knowledge or justified belief either intuitively too easy or impossible.

Emotions might contribute to our being rational cognitive agents. Anxiety – and more specifically epistemic anxiety – provides an especially interesting case study into the role of emotion for adaptive cognition. In this paper, I aim at clarifying the epistemic contribution of anxiety, and the role that ill-calibrated anxiety might play in maladaptive epistemic activities which can be observed in psychopathology. In particular, I argue that this emotion contributes to our ability to adapt our cognitive efforts to how we (...) represent the practical factors relevant to the task at hand, by sig- naling the need for increased cognitive processing and evidence gathering in high- stakes situations. I hypothesize that dysfunctional or ill-calibrated epistemic anxiety might play an important role in the motivation driving persons with obsessive- compulsive disorder (OCD) to invest high amounts of cognitive resources into the resolution of apparently simple and innocuous questions. As I argue, OCD might be conceived as a case in which epistemic anxiety is inappropriately elicited, represent- ing these as high-stakes questions, and inadequately signaling a need for cognition. In this paper, I thus make use of the concept of (epistemic) anxiety as developed in the philosophy of emotion and in epistemology, to propose an account of the role of anxiety in the pathological doubt that is central to obsessive-compulsive disorder. (shrink)

Architecture often relies on mathematical models, if only to anticipate the physical behavior of structures. Accordingly, mathematical modeling serves to find an optimal form given certain constraints, constraints themselves translated into a language which must be homogeneous to that of the model in order for resolution to be possible. Traditional modeling tied to design and architecture thus appears linked to a topdown vision of creation, of the modernist, voluntarist and uniformly normative type, because usually (mono)functionalist. One available instrument of (...) calculation/representation/prescription orders this conception of architecture: indeed the search for an optimal solution through mathematical calculation of a model itself mathematical, thus homogeneous and simple, is only possible when one or two functions or functional constraints are formulated, never more, and this, on a global level, therefore starting from a unique and homogenizing viewpoint. It is essential to grasp that, even applied to material and its properties or towards a particular esthetic or functional dimension, this viewpoint is thus abstractive and generalizing: disregarding singularity of context, insertion and relationship to the environment or local, social behavior. It leaves aside functional specificity and heterogeneousness – re-contextualized each time – of functions that the object or edifice are required to fulfill and optimize under diverse constraints, in their different parts. The computational turning point today’s digital design and computational architecture embody modifies these instrumental, original prescriptions, rendering them more flexible. Perhaps in light of this turnabout we should retrospectively interpret 20th century calls for modernism, functionalism and even biomorphism as being just as many ex post rationalizations in respect to techniques of strongly prescriptive modeling since our only instrument is a monolithic language, and so being, incites a top-down conception, (naturally weakly reactive to contexts), including forms whose overall appearance resembles in fine a living form. In order to liberate oneself from this and despite everything, emerge as its initiators, one has constructed from ideology and philosophy (of object, habitat, the urban) ex post, even while it is the instrument of modeling and conception that largely determines, normalizes and dictates ex ante, the possibilities and limitations of the creation of forms and living experiments4 in a given time. (shrink)

Autonomy has been central to moral and political philosophy for millenia, and has been positioned as a critical aspect of both justice and wellbeing. Research in psychology supports this position, providing empirical evidence that autonomy is critical to motivation, personal growth and psychological wellness. Responsible AI will require an understanding of, and ability to effectively design for, human autonomy (rather than just machine autonomy) if it is to genuinely benefit humanity. Yet the effects on human autonomy of digital experiences are (...) neither straightforward nor consistent, and are complicated by commercial interests and tensions around compulsive overuse. This multi-layered reality requires an analysis that is itself multidimensional and that takes into account human experience at various levels of resolution. We borrow from HCI and psychological research to apply a model (“METUX”) that identifies six distinct spheres of technology experience. We demonstrate the value of the model for understanding human autonomy in a technology ethics context at multiple levels by applying it to the real-world case study of an AI-enhanced video recommender system. In the process we argue for the following three claims: 1) There are autonomy-related consequences to algorithms representing the interests of third parties, and they are not impartial and rational extensions of the self, as is often perceived; 2) Designing for autonomy is an ethical imperative critical to the future design of responsible AI; and 3) Autonomy-support must be analysed from at least six spheres of experience in order to approriately capture contradictory and downstream effects. (shrink)

Michael Smith’s Internalist resolution to “The Moral Problem” serves to establish a necessary connection between moral judgement and moral motivation in the rational agent. Externalists, like Brink, counter Smith’s claim with the figure of the Amoralist, whose moral motivation, they argue, is only contingent on antecedently-held desires. In this paper, I draw a distinction between “moral motivation” – if an agent judges it right to Φ, she is, ceteris paribus, motivated to Φ - and “acting on moral motivation” (...) – if an agent judges it right to Φ, she actually Φs. I show how the Amoralist explanation might account for the latter, but not the former, which ultimately leaves Smith’s argument for motivational Internalism intact. (shrink)

The coordinated attack scenario and the electronic mail game are two paradoxes of common knowledge. In simple mathematical models of these scenarios, the agents represented by the models can coordinate only if they have common knowledge that they will. As a result, the models predict that the agents will not coordinate in situations where it would be rational to coordinate. I argue that we should resolve this conflict between the models and facts about what it would be rational (...) to do by rejecting common knowledge assumptions implicit in the models. I focus on the assumption that the agents have common knowledge that they are rational, and provide models to show that denying this assumption suffices for a resolution of the paradoxes. I describe how my resolution of the paradoxes fits into a general story about the relationship between rationality in situations involving a single agent and rationality in situations involving many agents. (shrink)

It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...) argue that there is a conception of political reconciliation available which does not involve forgiveness and this forms of reconciliation may be the best we can hope for in many conflicts. Reconciliation is nevertheless likely to require the expression of what Darrell Moellendorf has called 'political regret' and the denunciatory role aspect of punishment makes it particularly well-suited to this role. (shrink)

The history of European civilization is a clear evidence of cultural split into two parts: scientific-technical and humanitarian, which are determined by two types of thinking – mind and intellect. The development of natural and technical sciences, which are based on reasonable thinking, has resulted in rapid development of techniques and various technologies for the past 500 years. Whereas humanitarian sciences with their intellectual thinking fell behind the demands of time for hundreds of years. The precipice, which occurred between two (...) parts of a single culture, could be surmounted only with the aid of improving humanitarian thinking, moving it up into the position of mind and alongside the development of ethics as a strict theoretical science about morale. This in general outline can be presented with the example of mind-intellect interrelation in the history of antique philosophy and their influence on morale development. Distinguishing feature of ancient Greek philosophy is discovery of mind comprehended not so much as the ability to think but rather as ability to cognize the world from objective, identical for everyone, points of view, as resolution to consider knowledge, received by these means, as the highest instance in debates. Neither religion, nor intellectual subjective opinion of wisdom-fanciers was put into the first place by ancient Greek culture, but rather the knowledge, received in its rational-scientific form and radically different from opinion. However, contemporary humanitarians are unable to see the difference between mind and intellect, as far as their thinking does not exceed the limits of mind. The reason of created thesis is that philosophy yet in ancient times lost the essence of intellectual development trend and gave the way to intellectual thinking. Platon and Socrates had already taken intellect for the manifestation of mind. The last, who made an attempt to ground the difference between these two forms of thinking, was Aristotle who made it possible to identify the laws of formal logic, formulated by him, with laws of mind. Whereas in fact these were the laws of intellectual thinking. Since then humanitarians have not returned to the path of mind, paved by the first Greek Ionic thinkers. While possessing intellectual thinking and getting mixed up in the notions of «intellect» and «mind», caused by logical and causative-effective relations, contemporary humanitarians are unable to lead their sciences out of a dead-end, where ancient Greek philosophy got into after Heraclitus. (shrink)

The principle of indifference is supposed to suffice for the rational assignation of probabilities to possibilities. Bertrand advances a probability problem, now known as his paradox, to which the principle is supposed to apply; yet, just because the problem is ill‐posed in a technical sense, applying it leads to a contradiction. Examining an ambiguity in the notion of an ill‐posed problem shows that there are precisely two strategies for resolving the paradox: the distinction strategy and the well‐posing strategy. The (...) main contenders for resolving the paradox, Marinoff and Jaynes, offer solutions which exemplify these two strategies. I show that Marinoff’s attempt at the distinction strategy fails, and I offer a general refutation of this strategy. The situation for the well‐posing strategy is more complex. Careful formulation of the paradox within measure theory shows that one of Bertrand’s original three options can be ruled out but also shows that piecemeal attempts at the well‐posing strategy will not succeed. What is required is an appeal to general principle. I show that Jaynes’s use of such a principle, the symmetry requirement, fails to resolve the paradox; that a notion of metaindifference also fails; and that, while the well‐posing strategy may not be conclusively refutable, there is no reason to think that it can succeed. So the current situation is this. The failure of Marinoff’s and Jaynes’s solutions means that the paradox remains unresolved, and of the only two strategies for resolution, one is refuted and we have no reason to think the other will succeed. Consequently, Bertrand’s paradox continues to stand in refutation of the principle of indifference. (shrink)

The Preface Paradox is often discussed for its implications for rational belief. Much less discussed is a variant of the Preface Paradox for knowledge. In this paper, I argue that the most plausible closure-friendly resolution to the Preface Paradox for Knowledge is to say that in any given context, we do not know much. I call this view “Socraticism”. I argue that Socraticism is the most plausible view on two accounts—(1) this view is compatible with the claim that (...) most of our knowledge ascriptions are true, and (2) provided that (1) is true, the costs of accepting Socraticism are much less than the costs of accepting any other resolution to the Paradox. I argue for (1) in Section 2 by developing a question-sensitive contextualist model for knowledge that shows how Socraticism is compatible with the claim that most of our knowledge ascriptions are true. I also argue how this contextualist model can achieve this result where other contextualist models fail. I then consider other closure-friendly solutions to the paradox in Section 3 and show how accepting those solutions forces us to give up a number of plausible epistemic principles. (shrink)

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

Nonindexical Context-Dependence and the Interpretation as Abduction Approach Inclusive nonindexical context-dependence occurs when the preferred interpretation of an utterance implies its lexically-derived meaning. It is argued that the corresponding processes of free or lexically mandated enrichment can be modeled as abductive inference. A form of abduction is implemented in Simple Type Theory on the basis of a notion of plausibility, which is in turn regarded a preference relation over possible worlds. Since a preordering of doxastic alternatives taken for itself only (...) amounts to a relatively vacuous ad hoc model, it needs to be combined with a rational way of learning from new evidence. Lexicographic upgrade is implemented as an example of how an agent might revise his plausibility ordering in light of new evidence. Various examples are given how this apparatus may be used to model the contextual resolution of context-dependent or semantically incomplete utterances. The described form of abduction is limited and merely serves as a proof of concept, but the idea in general has good potential as one among many ways to build a bridge between semantics and pragmatics since inclusive context-dependence is ubiquitous. (shrink)

This dissertation is about the relationship between Epistemology and other domains. In it I want to show that in an important sense, Epistemology is an autonomous domain. That is, epistemic vocabulary (e.g., “knowledge”, “justification”, “rationality”, “epistemic reason”, etc.) cannot be analyzed without remainder into non-epistemic vocabulary. Epistemic phenomena must be explained in terms of epistemic reasons and the form of assessment proprietary to them. Although epistemic vocabulary cannot be reduced to the vocabulary of other domains, Epistemology is nonetheless connected with (...) other domains in an important way. In this dissertation I focus on the connection between Epistemology and the Philosophy of Mind. I distinguish different forms cognitive self-monitoring can take and corresponding forms of cognitive autonomy. The kind of self-monitoring that receives the most attention involves simulating interpersonal argumentation. I argue that the capacity to self-monitor in this way grounds familiar epistemic standards (e.g., knowledge and justification) and explains how reasons get their grip on us. On the picture that emerges, Epistemology and Philosophy of Mind need to be done in tandem. Epistemology gives us the normative framework that is modeled by the self-monitoring system. The self-monitoring system, conversely, explains the kind of activity we engage in that makes that normative framework applicable to us. Epistemic reasons themselves are just episodes of this kind of activity. In Chapter 1 I argue that epistemic luck cannot be analyzed in non-epistemic terms. Here I generalize Jennifer Lackey’s criticism of Duncan Pritchard’s safety-based account of epistemic luck to all reductive theories. I argue that they will either be extensionally inadequate, or they will illicitly presuppose the vocabulary they are trying to reduce. The upshot is that epistemic luck can only be understood in terms of the epistemic assessment of reasons. By extension, we can’t give a reductive analysis of knowledge. This is not to say we cannot analyze knowledge, just that we can’t analyze away the epistemic vocabulary without remainder. In chapter 2 I explain the relation between epistemic luck, epistemic justification, and knowledge. I argue that previous work in the defeasible reasoning tradition, despite being on the right track, fell short of realizing its full potential. This is because the account of how these three things relate given by its proponents was insufficiently unified, which encouraged many epistemologists to abandon the defeasible reasoning tradition entirely. I argue that a unified and principled account of their relation is possible, and it allows for an elegant analysis of knowledge. In slogan form: good reasons are apparent to the knowing subject. In chapter 3 I extend the defeasible reasoning tradition to explain how knowledge is gradable. I show that this enables us to bring the debates about fake barns and knowledge from falsehoods to ecumenical resolutions, while also shedding light on a new kind of case. Furthermore, I explain how background assumptions are themselves defeasible and some of the epistemic significance of this fact. In chapter 4 I make the connection between Epistemology and Philosophy of Mind. I argue that the self-monitoring system of cognitively mature humans uses a model of the normative framework described in the previous chapters to regulate its own cognition. Here I build on that claim to develop an account of the role played by knowledge and justification in doxastic social coordination. I build on the claim that background assumptions are themselves defeasible to develop an account of the foundations of knowledge according to which they are social but not brutely sociological. In chapter 5 I discuss the relation between the epistemic states of cognitively mature humans, children, and non-human animals. I do this in a way meant to integrate an insight from virtue epistemology into the reasons-first picture developed here: positive epistemic standing is a state attributable to the subject. In chapter 6 I discuss the metaphysics of epistemic reasons. I claim that they are episodes of the activity of reasoning. In the preceding chapters, we get a sense of what that activity involves. Here I argue that the materials developed there put us in a position to understand what epistemic reasons are. This account incorporates the insights of rival positions while sidestepping familiar objections to them. The resulting picture is in line with the non-reductive approach to the epistemic developed so far. In fact, it goes further than other “reasons-first” approaches to Epistemology by claiming that reasons are not only basic within Epistemology, but they are also basic full-stop. One key consideration for my argument here is that reasons are, by their very nature, competitors. Although this point is generally acknowledged in the literature on reasons, its consequences for the metaphysics of reasons hasn’t been. Participants in the debate about the metaphysics of reasons typically try to identify reasons with something (e.g., facts or mental states) that are either not competitors, or only competitors insofar as they constitute, or bear on the epistemic assessment of, episodes of reasoning. (shrink)

In this dissertation, I explore the work of Donald Davidson, reveal an inconsistency in it, and resolve that inconsistency in a way that complements a debate in philosophy of science. In Part One, I explicate Davidson's extensional account of meaning; though not defending Davidson from all objections, I nonetheless present his seemingly disparate views as a coherent whole. In Part Two, I explicate Davidson's views on the dualism between conceptual schemes and empirical content, isolating four seemingly different arguments that Davidson (...) makes against the dualism; I demonstrate that, though the arguments fail, each is ultimately meant to rely on his account of meaning. ;In Part Three, I show that Davidson's extensional account of meaning gives rise to the analytic-synthetic distinction, while simultaneously needing to reject it. I then propose a resolution to Davidson's dilemma. Rather than treating interpretation of meaning as continuous with the holistic enterprise of science, as Quine treats translation, one should treat it as conceptually prior to science, as Kant treats epistemology. Nonetheless I recognize four reasons why Davidson himself would reject doing so. I therefore propose a view called 'transcendental semantics', based on Davidson's, that accepts my resolution. Further, transcendental semantics, like Kant's own transcendental idealism, posits a single conceptual scheme; nonetheless Kant's is concerned with Newtonian physics, transcendental semantics' with interpretation. ;Finally, in Part Four, I show how positing such a scheme allows transcendental semantics to complement a promising neo-Carnapian account of theory confirmation in science proposed by Michael Friedman. Scientists are first and foremost interpreters, a fact that allows transcendental semantics to help Friedman establish the possibility of rational continuity through scientific revolutions. In fact, transcendental semantics, by complementing Friedman's project, reunites two of Carnap's own concerns, philosophy of language and philosophy of science. I conclude that philosophy of language without philosophy of science is empty , while philosophy of science without philosophy of language is blind. (shrink)

At the height of the Covid-19 pandemic, frontline medical professionals at intensive care units around the world faced gruesome decisions about how to ration life-saving medical resources. These events provided a unique lens through which to understand how the public reasons about real-world dilemmas involving trade-offs between human lives. In three studies (total N = 2298), we examined people’s moral attitudes toward triage of acute coronavirus patients, and found elevated support for utilitarian triage policies. These utilitarian tendencies did not stem (...) from period change in moral attitudes relative to pre-pandemic levels--but rather, from the heightened realism of triage dilemmas. Participants favored utilitarian resolutions of critical care dilemmas when compared to structurally analogous, non-medical dilemmas—and such support was rooted in prosocial dispositions, including empathy and impartial beneficence. Finally, despite abundant evidence of political polarization surrounding Covid-19, moral views about critical care triage differed modestly, if at all, between liberals and conservatives. Taken together, our findings highlight people’s robust support for utilitarian measures in the face of a global public health threat, and illustrate how hypothetical scenarios in moral psychology (e.g. trolley cases) should strive for more experiential and psychological realism, otherwise their results might not generalize to real-world moral dilemmas. (shrink)

I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a basis for Kant’s (...) lectures on moral philosophy for over three decades and may thus be considered as having played an important role in shaping his practical philosophy as a whole. Achenwall’s Ius naturae was the textbook that Kant employed in his lectures on natural right for over two decades. I argue that Kant distances himself from previous models of natural right in three main regards: the identification of moral laws with laws of nature, the normative connection between the principles of right and a natural end, and the place of God as the author of moral laws. I then briefly discuss what Kant retains of Baumgarten’s and Achenwall’s models of natural right. Kant’s Metaphysics of Morals preserves the view that a rational doctrine of right belongs to a broader systematic doctrine that comprehends the entire system of duties. I address the question of the division of the Sittenlehre into two branches and claim that, whereas Kant did not consider Baumgarten’s answer to the problem of distinguishing juridical from ethical principles to be satisfactory, he found a key piece of his own resolution in Achenwall’s Ius naturae, namely the definition of right as a power to coerce. (shrink)

Investment in science has led human civilization to many achievements in science and technology, including military weapons. War – the worst scenario of a conflict – always leads to deaths and devastation. Weapons do not destroy things and kill people by themselves, but they are used and controlled by the hands of humans. No matter how advanced they are, they are still tools that serve humans’ interests. Conflicts need to be resolved through humane approaches aided by science and technology developments. (...) Besides advances in science and technology, humanities and social sciences developments are indispensable for resolving conflicts and improving well-being. The cost of science can be either rational or irrational, depending on its purposes. So, don’t make our science costly by making war. Otherwise, human civilizations will resolve conflicts using “sticks and stones”, as Albert Einstein quoted. (shrink)

To the mind of humans death is an impossible riddle, the ultimate of mysteries; therefore it has always been considered a task of paramount importance for philosophers to provide a satisfactory account for death. Among the numerous efforts to deal with the riddle of death, Epicurus’ one stands out not only for its unsurpassed simplicity and lucidness, but also for the innovative manner in which it approaches the issue: Epicurus denounces the fear of death as a profoundly unfruitful, unreasonable and (...) unjustifiable passion of the mind. In this short paper I will first provide a brief account of Epicurus’ argumentation. Then I will argue that, although Epicure’s efforts to annihilate the fear of death proved to be unconvincing (people never ceased to fear death), still in a way they have been successful. Epicurus managed to rationalize in a certain degree the most deeply rooted fear in the souls of humans, and this seems to have been his initial purpose: consolation sometimes is due not only to definite resolution, but also to doubt and inconclusiveness. (shrink)

Agency is an amazing thing: it transduces cognitivity into causality, it makes thought real. How it does so has been a matter of considerable dispute, the resolution of which has been hampered by moral complications. The supposition of a rational basis for morality can play an essential role in clarifying agency by providing a ground for legitimizing the objects of desire and the motivation they provide. The four-stage model of agency presented here – deliberation, calculation, intention, and enactment (...) – emerges when the moral concerns regarding desire have been detoxified. A crucial distinction is between the cognitive and causal aspects of desire, between the estimation of desirability (preference) and the actual motivation it may initiate (desire). Failure to recognize desire’s cognitive aspect preemptively disables its participation in practical reasoning. (shrink)

The article explores similarities between the philosophies of Zhuangzi and Aristippus, focusing in particular on play and eudaimonism. The main thesis is that both authors encourage the cultivation of a playful mindset, defined in the paper as the “ludic self”, which operates as a strategy for leading a flourishing life. By shaping a fluid, unstructured identity, the ludic self promotes negative subtraction from the structuring power of social nexus and proactive adaptation to shifting circumstances. Furthermore, some aspects of these philosophies (...) present an inter-disciplinary convergence with scientific findings from the psycho-biology of play, concerned with the mobilization of cathected energies and the prevention, or resolution, of addictive states. These promising connections with the fields of psychology and biology also represent an original contribution in respect to the existing debates within Zhuangzi studies, and scholarship on the Cyrenaics. From a methodological point of view, the article pursues what Rorty defines as a “rational reconstruction”, which involves a re-interpretation of past philosophies in light of present debates, ideas and vocabularies with the aim of engaging a trans-cultural, trans-historical dialogue. The value of this operation relies upon the universality of human experience, which always allows re-interpretation and re-actualization of past philosophies as a dialogical exercise of questioning otherness within a hermeneutic framework. (shrink)