The most widely repeated retributivist argument against the utilitarian theory of punishment is that utilitarianism permits punishment of the innocent. While defenders of utilitarianism have shown that a publicly announced policy of punishing the innocent is unlikely to serve utility, critics have insisted that utilitarianism morally obliges officials to deceive the public by framing the innocent. Yet philosophers and legal scholars have heretofore failed to test this claim against the writings of the theory's originators. We directly examine the writings of (...) Jeremy Bentham and other eighteenth and nineteenth century utilitarians and demonstrate that the originators of utilitarian penology clearly opposed both punishment of the innocent and deception of the public. We argue that utilitarianism originated as a legal theory that emphasized several institutional conditions for the public pursuit of utility, including security of person and property, legality, legislative supremacy, democratic accountability, publicity and transparency. These institutional conditions would preclude both systematic and ad hoc framing of the innocent. We show that the original utilitarians considered individuals incompetent to determine and pursue the public welfare, and that the contemporary conception of utilitarianism as an ethical standard governing individuals is a modern innovation. Bentham's theory of punishment did not derive from any general ethical theory. Bentham, like his chief forebears Hume, Helvetius and Beccaria, thought of public utility as a standard of value for public action, such as legislation. He assumed that private action was ruled by self-interest (i.e. private utility) so that there was little point in directing arguments about the general welfare to individual ethical actors. In assessing public action, Bentham was far less concerned about consequences than has generally been supposed and far more concerned about process. He identified utility with security of expectations and the rule of law. As a consequence, he endorsed public actions that could be seen to have emerged from a rational and well-informed debate about their consequences for the public welfare. Utility was not a definition of the good or a guide to conscience, but a standard designed for use in public, deliberative debate. Utilitarianism was not so much a philosophical theory as a rhetorical practice, understood as a transparent language of analysis and argument for use in political deliberation.We elaborate the procedural conditions presupposed by utilitarian discourse, beginning with Bentham's commitment to a conception of legality involving legislative promulgation of formal rules faithfully applied by rigidly constrained bureaucrats and judges. Next, we demonstrate Bentham's commitment to democratic representation of the public in devising legislation. Finally, we emphasize Bentham's commitment to publicity in government decisionmaking. Utilitarian policy required public scrutiny of all decisions and the information and reasons considered in making them. In sum, Bentham's utilitarianism was primarily concerned with the problem of how to design government so that it could accurately identify and faithfully pursue the public good while being openly seen to do so. It follows that Bentham's utility principle does not require him to endorse deceiving the public and framing an innocent person. (shrink)
Does asking about trauma history create participant distress? If so, how does it compare with reactions to other personal questions? Do participants consider trauma questions important compared to other personal questions? Using 2 undergraduate samples (Ns = 240 and 277), the authors compared participants' reactions to trauma questions with their reactions to other possibly invasive questions through a self-report survey. Trauma questions caused relatively minimal distress and were perceived as having greater importance and greater cost-benefit ratings compared to other kinds (...) of psychological research in an undergraduate human subjects pool population. These findings suggest that at least some kinds of trauma research appear to pose minimal risk when compared to other minimal risk research topics, and that participants recognize the importance of research about trauma. (shrink)
The mere exposure effect is the increase in positive affect that results from the repeated exposure to previously novel stimuli. We sought to determine if judgments other than affective preference could reliably produce a mere exposure effect for two-dimensional random shapes. In two experiments, we found that brighter and darker judgments did not differentiate target from distracter shapes, liking judgments led to target selection greater than chance, and disliking judgments led to distracter selection greater than chance. These results for brighter, (...) darker, and liking judgments were obtained regardless of whether shape recognition was greater (Experiment 1) or not greater (Experiment 2) than chance. Effects of prior exposure to novel shapes were reliably observed only for affective judgment tasks. These results are inconsistent with general predictions made by the nonspecific activation hypothesis, but not the affective primacy or perceptual fluency hypotheses which were discussed in terms of cognitive neuroscience research. (shrink)
Im Februar 1930 beschloß das Parlament der tschechoslowakischen Republik, Präsident Th. G. Masaryk aus Anerkennung seiner Verdienste um die Republiksgründung eine Summe von 20 Millionen Kronen zu widmen. Aus Dankbarkeit seinem philosophischen Lehrer Franz Brentano gegenüber ermöglichte Masaryk mit einem Teil dieser Summe im darauffolgenden Jahr die Gründung einer Brentano-Gesellschaft und eines Brentano-Archives in Prag unter der Leitung von Oskar Kraus. Der vorliegende Beitrag versucht die Vorgeschichte und die Geschichte der Gesellschaft bis zu ihrer endgültigen Auflösung im Jahre 1955 und (...) damit ein Stück vergessener Wissenschaftsgeschichte zu rekonstruieren. Besonderes Augenmerk wird dabei auf die Rolle gelegt, die die Brentano-Gesellschaft im Bemühen um den wissenschaftlichen Nachlaß Brentanos spielte. (shrink)
This paper investigates relative constructions as in The gifted mathematician that you claim to be should be able to solve this equation, in which the head noun (gifted mathematician) is semantically dependent on an intensional operator in the relative clause (claim), even though it is not c-commanded by it. This is the kind of situation that has led, within models of linguistic description that assume a syntactic level of Logical Form, to analyses in which the head noun is interpreted within (...) the CP-internal gap by reconstruction or interpretation of a lower element of a chain. We offer a solution that views surface representation as the input to semantics. The apparent inverted scope effects are traced back to the interpretation of the head nominal gifted mathematician as applying to individual concepts, and of the relative clause that you claim to be as including an equational statement. According to this view, the complex DP in question refers to the individual concept that exists just in the worlds that are compatible with what is generally supposed to be the case, is a gifted mathematician in those worlds, and is identical to you in those worlds. Our solution is related to the nonreconstructionist analysis of binding of pronouns that do not stand in a c-command relationship to their binder, as in The woman that every man hugged was his mother in Jacobson (in: Harvey, Santelmann (eds.) Proceedings of Semantics and Linguistic Theory IV:161–178, 1994) and Sharvit (in: Galloway, Spence (eds.) Proceedings of Semantics and Linguistic Theory VI:227–244, 1996), and allows us to capture both similarities with and differences from the latter type of construction. We point out and offer explanations for a number of properties of such relative clauses—in particular their need for an internal intensional operator, their incompatibility with any determiner other than the definite article, and the fact that some of their properties are shared by demonstrably distinct kinds of relative clauses. (shrink)
This paper deals with the voice system of Indonesian, and argues that certain of the constructions traditionally analysed as passives, should be given a different treatment, parallel to arguments by Kroeger (1993) for Tagalog. We examine the role of different conceptions of subject and their place in binding. We show that, unlike other Western Austronesian languages, the logical subject – l-subject for short (i.e., the semantically most prominent argument) plays little role in binding: being a logicalsubject alone does not make (...) an argument a binder. Syntactic prominence is crucial, and in particular the data on binding in Indonesian presented here further confirms the notion of syntacticised argument structured (a-str) first proposed in Manning (1994, 1996b) and also adopted in Arka (1998) wherein a central role is given to the notion of a-subject. Like other Austronesian languages, the (surface) grammatical subject (i.e., the SUBJ in the f-structure or gr-subject for short) plays little role, especially in the binding of morphologically complex reflexives. The data from binding is supported by other syntactic tests such as topicalisation with pronominal copy. (shrink)
This paper investigates relative constructions as in The gifted mathematician that you claim to be should be able to solve this equation, in which the head noun (gifted mathematician) is semantically dependent on an intensional operator in the relative clause (claim), even though it is not c-commanded by it. This is the kind of situation that has led, within models of linguistic description that assume a syntactic level of Logical Form, to analyses in which the head noun is interpreted within (...) the CP-internal gap by reconstruction or interpretation of a lower element of a chain. We offer a solution that views surface representation as the input to semantics. The apparent inverted scope effects are traced back to the interpretation of the head nominal gifted mathematician as applying to individual concepts, and of the relative clause that you claim to be as including an equational statement. According to this view, the complex DP in question refers to the individual concept that exists just in the worlds that are compatible with what is generally supposed to be the case, is a gifted mathematician in those worlds, and is identical to you in those worlds. Our solution is related to the non-reconstructionist analysis of binding of pronouns that do not stand in a c-command relationship to their binder, as in The woman that every man hugged was his mother in Jacobson (in: Harvey, Santelmann (eds.) Proceedings of Semantics and Linguistic Theory IV:161-178, 1994) and Sharvit (in: Galloway, Spence (eds.) Proceedings of Semantics and Linguistic Theory VI:227-244, 1996), and allows us to capture both similarities with and differences from the latter type of construction. We point out and offer explanations for a number of properties of such relative clauses—in particular their need for an internal intensional operator, their incompatibility with any determiner other than the definite article, and the fact that some of their properties are shared by demonstrably distinct kinds of relative clauses. (shrink)
This paper examines and classifies the computational complexity of model checking and satisfiability for hybrid logics over frames with equivalence relations. The considered languages contain all possible combinations of the downarrow binder, the existential binder, the satisfaction operator, and the global modality, ranging from the minimal hybrid language to very expressive languages. For model checking, we separate polynomial-time solvable from PSPACE-complete cases, and for satisfiability, we exhibit cases complete for NP, PS pace , NE xp T ime , (...) and even N2E xp T ime . Our analysis includes the versions of all these languages without atomic propositions, and also complete frames. (shrink)
This paper gives an extended presentation of the treatment of variable-binding operators adumbrated in earlier works. Illustrative examples include elementary languages with quantifiers and lambda-equipped categorial languages. Some remarks are also offered to illustrate the philosophical import of the resulting picture. Particularly, a certain conception of logic emerges from the account: the view that logics are true theories in the model-theoretic sense, i.e. the result of selecting a certain class of models as the only "admissible" interpretation structures (for a given (...) language). (shrink)
Kaplan (1989a) insists that natural languages do not contain displacing devices that operate on character—such displacing devices are called monsters. This thesis has recently faced various empirical challenges (e.g., Schlenker 2003; Anand and Nevins 2004). In this note, the thesis is challenged on grounds of a more theoretical nature. It is argued that the standard compositional semantics of variable binding employs monstrous operations. As a dramatic first example, Kaplan’s formal language, the Logic of Demonstratives, is shown to contain monsters. For (...) similar reasons, the orthodox lambda-calculus-based semantics for variable binding is argued to be monstrous. This technical point promises to provide some far-reaching implications for our understanding of semantic theory and content. The theoretical upshot of the discussion is at least threefold: (i) the Kaplanian thesis that “directly referential” terms are not shiftable/bindable is unmotivated, (ii) since monsters operate on something distinct from the assertoric content of their operands, we must distinguish ingredient sense from assertoric content (cf. Dummett 1973; Evans 1979; Stanley 1997), and (iii) since the case of variable binding provides a paradigm of semantic shift that differs from the other types, it is plausible to think that indexicals—which are standardly treated by means of the assignment function—might undergo the same kind of shift. (shrink)
W.V. Quine has led many logicians in thinking that mathematical logic can offer insights into the syntax of natural language. One example of such an insight is the use of quantifier scope difference to resolve the ambiguity of sentences like ' I don't know every poem'. Such differences also are claimed to be useful in analyzing phrases such as 'the lady I saw you with'. But an older, Aristotelian theory of logical syntax can equally well resolve the ambiguity problem in (...) terms of term distribution. And it provides a better analysis of 'the lady' phrase by treating quantifiers as subject formatives rather than pronoun binders. (shrink)
λ-calculi are of interest to logicians and computer scientists but have largely escaped philosophical commentary, perhaps because they appear narrowly technical or uncontroversial or both. I argue that even within logic λ-expressions need to be understood correctly, as functors signifying functions in intension within a categorical or typed language. λ-expressions are not names but pure viable binders generating functors, and as such they are of use in giving explicit definitions. But λ is applicable outside logic and computer science, anywhere where (...) the notions of complex whole, substitution, abstraction and structure make sense. To illustrate this, two domains are considered. One is somewhat frivolous: the study of flags; the other is very serious: manufacturing engineering. In each case we can employ λ-abstraction to describe substitutions within a structure, and in the latter case there is even a practical need for such a notation. (shrink)
Hybrid languages have both modal and first-order characteristics: a Kripke semantics, and explicit variable binding apparatus. This paper motivates the development of hybrid languages, sketches their history, and examines the expressive power of three hybrid binders. We show that all three binders give rise to languages strictly weaker than the corresponding first-order language, that full first-order expressivity can be gained by adding the universal modality, and that all three binders can force the existence of infinite models and have undecidable satisfiability (...) problems. (shrink)
This is a brief report on results reported at length in our paper [2], made for the purpose of a presentation at the workshop to be held in November 2011 in Cambridge on the Principia Mathematica of Russell and Whitehead ([?], hereinafter referred to briefly as PM ). That paper grew out of a reading of the paper [3] of Kamareddine, Nederpelt, and Laan. We refereed this paper and found it useful for checking their examples to write our own independent (...) computer type-checker for the type system of PM ([1]), which led us to think carefully about formalization of the language and the type system of PM A modern mathematical logician reading PM finds that it is not completely formalized in a modern sense. The type theory in particular is inarguably not formalized, as no notation for types is given at all! In PM itself, the only type annotations which appear are occasional numerical indices indicating order; the type notation we use here extends one introduced later by Ramsey. The authors of PM regard the absence of explicit indications of type as a virtue of their system: they call it “systematic ambiguity”; modern computer scientists refer to this as “polymorphism”. The language of PM is also not completely formalized, and it is typographically inconvenient for computer software to which ASCII input is to be given. The notation of PM for abstractions (propositional functions) does not use head binders; the order of the arguments of a complex expression is determined by the alphabetical order of the bound variables. For example ˆa < ˆb is the “less than” relation while ˆb < ˆa is the “greater than” relation (this is indicated by the alphabetical order of the variables). In PM , the fact that a variable is bound in a propositional function is indicated by circumflexing it. Variables bound by quantifiers are not circumflexed. A feature of the notation of [3], carried over into ours, is that no circumflexes are used: notations for propositions and the corresponding propositional functions are identical.. (shrink)
What's left of a dream is stored at the Stanford Law School library in 12 fat green loose-leaf binders and several legal boxes of supporting documents and briefs. They chronicle the 54 days that Lawrence Lessig, the Elvis of cyberlaw, helped Judge Thomas Penfield Jackson with the mother of all tech litigation: Department of Justice v. Microsoft. It was to be Lessig's greatest moment.
In the recent literature of the philosophy of science, much space has been given to the problem of analyzing theories of the deductive and natural sciences in a way which makes explicit some of the syntactic and semantic features which seem to be implicitly present in their structures. This pa- per is concerned with the same problem; however, some other problems of syntax and semantics are touched upon along the way. After some prelim- inaries, a very general method of constructing (...) symbolic languages is intro- duced. The resulting languages are interpreted in either empty or non- empty sets and so in a way which permits them to contain terms which stand for nothing at all and an existence predicate which is not applicable to all terms. Also, certain variable binders are interpreted in a way which leaves open the possibility of interpreting them modally and a semantic operation of degree of truth for arbitrary formulas is introduced. An axiomless logic commensurate with a semantics of this kind and so one which contains a new treatment of definite descriptions is then constructed and shown to be both sound and semantically complete. Finally, theories and various concepts pertaining to theories are defined on the basis of this syntax and semantics. Among the concepts are operations which assign degrees of confirmation, explanatory powers, degrees of deductive simplic- ity, and degrees of adequacy to theories, relations and concreteness and abstractness for expressions, a relation of significance for theories, and operations which assign denotations and meanings to expressions. (shrink)
Researchers display confirmation bias when they persevere by revising procedures until obtaining a theory-predicted result. This strategy produces findings that are overgeneralized in avoidable ways, and this in turn binders successful applications. (The 40-year history of an attitude-change phenomenon.
