This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout (...) the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. (shrink)

The tendency for judges to respond positively to negligence claims advanced by those who have rendered assistance to accident victims has recently come into collision with the judicial impulse to limit the range of circumstances in which recovery can be made for psychiatric injury. The upshot of this collision is identified as a reduction in the range of circumstances in which those rendering assistance to accident victims can recover for psychiatric harm. This development is criticized on the ground that it (...) has compromised pursuit of what is identified as one of the law's subsidiary purposes: namely, the promotion (in a narrow range of circumstances) of strongly altruistic activity. The ground for making this criticism is found in a body of doctrine that supports the claim that the law is informed by a commitment to the altruism principle. This principle is contrasted with the narrower rescue principle and is identified as supporting not only the claims of rescuers but also those of persons who render assistance in the aftermath of particularly harrowing accidents. While the House of Lords» decision is identified as exhibiting insensitivity to the altruism principle, it is none the less concluded that the position staked out by their Lordships is defensible. Support for this conclusion is found in the ideal of distributive justice, which provided one of the grounds for the House's decision in White. Further, the relationship between the ideal of corrective justice and the ideal of distributive justice is identified as a source of significant tension in the law of negligence. (shrink)

Much mainstream legal comment on human rights law presents an unhelpfully crude picture of disagreement concerning the significance that should be attached to human rights in particular cultural co...

Herbert Hart and the positivists influenced by him have, according to Nigel Simmonds, deflected attention from the question that has always been at the heart of philosophical reflection on law. This question concerns the relationship between law and morality and how we should understand it. Simmonds argues that law and morality are necessarily related and seeks to explain their relationship by reference to an archetype that actually existing legal institutions approximate more or less adequately. He identifies this archetype as providing (...) the basis for an analysis of law that is free from metaphysics and universally applicable. This review article raises doubts concerning Simmonds’ claims to offer a metaphysics-free and universal analysis. It also offers an argument in support of the conclusion that he has failed to point up the complexity of the positivist tradition he criticizes. While Simmonds is vulnerable to these criticisms, he throws light on an egalitarian philosophy of government that informs legal institutions in the West and is relevant to positivist analyses of law. (shrink)

A 21st-century growth in prevalence of extreme right-wing nationalism and social conservatism in Australia, Europe, and America, in certain respects belies the positive impacts of online, new, and alternative forms of global media. Cross-national forms of ‘far-right activism’ are unconfined to their host nations; individuals and organisations campaign on the basis of ethno-cultural separatism, while capitalising on internet-based affordances for communication and ideological cross-fertilisation. Right-wing revolutionary ideas disseminated in this media, to this end, embody politico-cultural aims that can only be (...) understood with attention to their philosophical underpinnings. Drawing on a dataset of articles from the pseudo-news websites, XYZ and The Unshackled, this paper investigates the representation of different rightist political philosophical traditions in contemporary Australia-based far-right media. A critical discourse and content analysis reveal XYZ and TU’s engagement with various traditions, from Nietzsche and the Conservative Revolution, to the European New Right and neo-Nazism. (shrink)

Highly idealized models, such as the Hawk-Dove game, are pervasive in biological theorizing. We argue that the process and motivation that leads to the introduction of various idealizations into these models is not adequately captured by Michael Weisberg’s taxonomy of three kinds of idealization. Consequently, a fourth kind of idealization is required, which we call hypothetical pattern idealization. This kind of idealization is used to construct models that aim to be explanatory but do not aim to be explanations.

This paper argues that contemporary analytic philosophy of music has characterized historically informed performance practice as compliance-focused, impersonal, and work-centered. The first part of the paper gathers evidence in support of this claim from the works of Julian Dodd, Peter Kivy, James O. Young, Aron Edidin, and Stephen Davies. In the second part of the paper, I reject this received view. Evidence from actual performance practice, as well as from the practitioners’ reflection on their activity, belies the received view outlined (...) in the first part of the paper. I conclude by drawing three methodological lessons from the oversights I attempt to rectify. (shrink)

Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an (...) autonomous citizenship. Sunstein and Thaler submit it that in most of the cases in which one is confronted with a set of choices, some default option must be picked out. In those cases whoever devises the features of the set of options ought to rank them according to the moral principle of non-maleficence and possibly to that of beneficence. In this paper we argue that LP can be better implemented if there is a preliminary deliberative debate among the stakeholders that elicits their preferences, and makes it possible to rationally defend them. (shrink)

As innovations in the field of vascular composite allotransplantation (VCA) progress, whole-eye transplantation (WET) is poised to transition from non-human mammalian models to living human recipients. Present treatment options for vision loss are generally considered suboptimal, and attendant concerns ranging from aesthetics and prosthesis maintenance to social stigma may be mitigated by WET. Potential benefits to WET recipients may also include partial vision restoration, psychosocial benefits related to identity and social integration, improvements in physical comfort and function, and reduced surgical (...) risk associated with a biologic eye compared to a prosthesis. Perioperative and postoperative risks of WET are expected to be comparable to those of facial transplantation (FT), and may be similarly mitigated by immunosuppressive protocols, adequate psychosocial support, and a thorough selection process for both the recipient and donor. To minimize the risks associated with immunosuppressive medications, the first attempts in human recipients will likely be performed in conjunction with a FT. If first-in-human attempts at combined FT-WET prove successful and the biologic eye survives, this opens the door for further advancement in the field of vision restoration by means of a viable surgical option. This analysis integrates recent innovations in WET research with the existing discourse on the ethics of surgical innovation and offers preliminary guidance to VCA programs considering undertaking WET in human recipients. (shrink)

The present paper discusses different approaches to metaphysics and defends a specific, non-deflationary approach that nevertheless qualifies as scientifically-grounded and, consequently, as acceptable from the naturalistic viewpoint. By critically assessing some recent work on science and metaphysics, we argue that such a sophisticated form of naturalism, which preserves the autonomy of metaphysics as an a priori enterprise yet pays due attention to the indications coming from our best science, is not only workable but recommended.

Courtesy of its free energy formulation, the hierarchical predictive processing theory of the brain (PTB) is often claimed to be a grand unifying theory. To test this claim, we examine a central case: activity of mesocorticolimbic dopaminergic (DA) systems. After reviewing the three most prominent hypotheses of DA activity—the anhedonia, incentive salience, and reward prediction error hypotheses—we conclude that the evidence currently vindicates explanatory pluralism. This vindication implies that the grand unifying claims of advocates of PTB are unwarranted. More generally, (...) we suggest that the form of scientific progress in the cognitive sciences is unlikely to be a single overarching grand unifying theory. (shrink)

A selection of speeches and essays from the author's second decade as president of Yale University.

We study the EPR-type correlations from the perspective of the relational interpretation of quantum mechanics. We argue that these correlations do not entail any form of “non-locality”, when viewed in the context of this interpretation. The abandonment of strict Einstein realism implied by the relational stance permits to reconcile quantum mechanics, completeness, (operationally defined) separability, and locality.

The free-energy principle states that all systems that minimize their free energy resist a tendency to physical disintegration. Originally proposed to account for perception, learning, and action, the free-energy principle has been applied to the evolution, development, morphology, anatomy and function of the brain, and has been called a postulate, an unfalsifiable principle, a natural law, and an imperative. While it might afford a theoretical foundation for understanding the relationship between environment, life, and mind, its epistemic status is unclear. Also (...) unclear is how the free-energy principle relates to prominent theoretical approaches to life science phenomena, such as organicism and mechanism. This paper clarifies both issues, and identifies limits and prospects for the free-energy principle as a first principle in the life sciences. (shrink)

By playing a crucial role in settling open issues in the philosophical debate about logical consequence, logical evidence has become the holy grail of inquirers investigating the domain of logic. However, despite its indispensable role in this endeavor, logical evidence has retained an aura of mystery. Indeed, there seems to be a great disharmony in conceiving the correct nature and scope of logical evidence among philosophers. In this paper, I examine four widespread conceptions of logical evidence to argue that all (...) should be reconsidered. First, I argue that logical apriorists are more tolerant of logical evidence than empiricists. Second, I argue that evidence for logic should not be read out of natural language. Third, I argue that if logical intuitions are to count as logical evidence, then their evidential content must not be propositional. Finally, I argue that the empiricist proposal of treating experts' judgments as evidence suffers from the same problems as the rationalist conception. (shrink)

Steinberg has recently proposed an argument against Schaffer’s priority monism. The argument assumes the principle of Necessity of Monism, which states that if priority monism is true, then it is necessarily true. In this paper, I argue that Steinberg’s objection can be eluded by giving up Necessity of Monism for an alternative principle, that I call Essentiality of Fundamentality, and that such a principle is to be preferred to Necessity of Monism on other grounds as well.

Some naturalistic philosophers of mind subscribing to the predictive processing theory of mind have adopted a realist attitude towards the results of Bayesian cognitive science. In this paper, we argue that this realist attitude is unwarranted. The Bayesian research program in cognitive science does not possess special epistemic virtues over alternative approaches for explaining mental phenomena involving uncertainty. In particular, the Bayesian approach is not simpler, more unifying, or more rational than alternatives. It is also contentious that the Bayesian approach (...) is overall better supported by the empirical evidence. So, to develop philosophical theories of mind on the basis of a realist interpretation of results from Bayesian cognitive science is unwarranted. Naturalistic philosophers of mind should instead adopt an anti-realist attitude towards these results and remain agnostic as to whether Bayesian models are true. For continuing on with an exclusive focus and praise of Bayes within debates about the predictive processing theory will impede progress in philosophical understanding of scientific practice in computational cognitive science as well as of the architecture of the mind. (shrink)

Logical realism is the metaphysical view asserting that the facts of logic exist and are mind-and-language independent. McSweeney argues that if logical realism is true, we encounter a dilemma. Either we cannot determine which of the two logically equivalent theories holds a fundamental status, or neither theory can be considered fundamental. These two conclusions together constitute what is known as the Unfamiliarity Dilemma, which poses significant challenges to our understanding of the epistemological and metaphysical features of logic. In this article, (...) I present two strategies to address McSweeney’s dilemma. If these arguments prove effective, they would demonstrate that our knowledge of logic is not susceptible to the skeptical concerns raised by McSweeney’s hypothesis. (shrink)

The aim of this paper is twofold: first, I provide a cluster of theories of truth in classical logic that is (internally) consistent with global reflection principles: the theories of positive truth (and falsity). After that, I analyse the _epistemic value_ of such theories. I do so employing the framework of cognitive projects introduced by Wright (Proc Aristot Soc 78:167–245, 2004), and employed—in the context of theories of truth—by Fischer et al. (Noûs 2019. https://doi.org/10.1111/nous.12292 ). In particular, I will argue (...) that theories of positive truth are _trustworthy_, analogously to the theories of full disquotational truth. Moreover, I argue that, for a given cognitive project, _if_ the acceptance of trustworthy theories is taken to be an _epistemic norm_ of cognitive project, then one has good reasons to accept theories of positive truth over other rival theories of truth in classical logic. On the other hand, the latter theories are deemed epistemically unacceptable. (shrink)

On Jaeggi’s reading, the immanent and progressive features of ideology critique are rooted in the connection between its explanatory and its normative tasks. I argue that this claim can be cashed out in terms of the mechanisms involved in a functional explanation of ideology and that stability plays a crucial role in this connection. On this reading, beliefs can be said to be ideological if (a) they have the function of supporting existing social practices, (b) they are the output of (...) systematically distorted processes of belief formation, (c) the conditions in which distorting mechanisms trigger can be traced back to structural causal factors shaped by the social practice their outputs are designed to support. Functional problems thus turn out to be interlocked with normative problems because ideology fails to provide principles to regulate cooperation that would be accepted under conditions of non-domination, hence failing to anchor a stable cooperative scheme. By explaining ideology as parasitic on domination, ideology critique points to the conditions under which cooperation stabilizes as those of a practice whose principles are accepted without coercion. Thus, it seems to entail a conception of justice whose principles are articulated as part of a theory of social cooperation. (shrink)

According to the free energy principle, life is an “inevitable and emergent property of any random dynamical system at non-equilibrium steady state that possesses a Markov blanket” :20130475, 2013). Formulating a principle for the life sciences in terms of concepts from statistical physics, such as random dynamical system, non-equilibrium steady state and ergodicity, places substantial constraints on the theoretical and empirical study of biological systems. Thus far, however, the physics foundations of the free energy principle have received hardly any attention. (...) Here, we start to fill this gap and analyse some of the challenges raised by applications of statistical physics for modelling biological targets. Based on our analysis, we conclude that model-building grounded in the free energy principle exacerbates a trade-off between generality and realism, because of a fundamental mismatch between its physics assumptions and the properties of actual biological targets. (shrink)

The notion of subject matter is a key concern of contemporary philosophy of language and logic. A central task for a theory of subject matter is to characterise the notion of sentential subject matter, that is, to assign to each sentence of a given language a subject matter that may count as its subject matter. In this paper, we elaborate upon David Lewis’ account of subject matter. Lewis’ proposal is simple and elegant but lacks a satisfactory characterisation of sentential subject (...) matter. Drawing on linguistic literature on focus and on the question under discussion, we offer a neo-Lewisian account of subject matter, which retains all the virtues of Lewis’ but also includes an attractive characterisation of sentential subject matter. (shrink)

This article aims to systematically deconstruct four distinct narratives derived from the case of Caster Semenya v. IAAF (Court of Arbitration for Sport).

Despite the impressive amount of financial resources recently invested in carrying out large-scale brain simulations, it is controversial what the pay-offs are of pursuing this project. One idea is that from designing, building, and running a large-scale neural simulation, scientists acquire knowledge about the computational performance of the simulating system, rather than about the neurobiological system represented in the simulation. It has been claimed that this knowledge may usher in a new era of neuromorphic, cognitive computing systems. This study elucidates (...) this claim and argues that the main challenge this era is facing is not the lack of biological realism. The challenge lies in identifying general neurocomputational principles for the design of artificial systems, which could display the robust flexibility characteristic of biological intelligence. (shrink)

This is a work in analytic metaphysics, which addresses a cluster of interrelated issues at the interface of mereology and persistence over time. In particular, it outlines a defence of a version of Endurance Theory according to which every enduring object is either a mereological simple or a mere sum of mereological simples. It includes, among other things, a proposal of a new way of framing the debate between Endurance Theory and Four-Dimensionalism, a defence of Endurance Theory over Four-Dimensionalism, arguments (...) against the existence of compound substances, and a defence of a traditional metaphysical atomism according to which all objects are ultimately made up of microscopic simples. (shrink)

Bayesian cognitive science is a research programme that relies on modelling resources from Bayesian statistics for studying and understanding mind, brain, and behaviour. Conceiving of mental capacities as computing solutions to inductive problems, Bayesian cognitive scientists develop probabilistic models of mental capacities and evaluate their adequacy based on behavioural and neural data generated by humans (or other cognitive agents) performing a pertinent task. The overarching goal is to identify the mathematical principles, algorithmic procedures, and causal mechanisms that enable cognitive agents (...) to take uncertainty into account and weigh it appropriately in producing adaptive behaviour. -/- The appeal of Bayesian cognitive science derives from its transparency, normativity, and unifying power. Resources from Bayesian statistics allow cognitive scientists to characterise transparently, in terms of random variables and probabilistic dependencies between them, the inductive problems that many mental capacities are presumed to solve. Given this characterisation, researchers can define an upper bound on one’s performance on that problem and use it as a benchmark for interpreting experimental results, formulating hypotheses about why and when deviations from optimal performance should be expected, and seeking explanations of mental capacities within one encompassing theoretical framework. -/- Although critics question the testability, explanatory power, and plausibility of Bayesian models of mental capacities, Bayesian cognitive science has proved itself to be an incredibly fruitful research programme. Fuelled by empirical and theoretical results from psychology, neuroscience, philosophy, computer science, artificial intelligence, and evolution, Bayesian cognitive science has: advanced our understanding of why cognitive systems should keep track of uncertainty and use it to facilitate adaptive behaviour; clarified how the brain might encode information about the uncertainty of its stimuli and perform computations with probability distributions; and crystallised the insight that cognitive agents’ management of uncertainty might be grounded in predictive processes aimed at avoiding surprising exchanges with the environment. (shrink)

This is a review of After Phyiscalism (ed. B. P. Göcke, University of Notre Dame Press 2012), a collection of eleven essays addressing the mind-body problem from a non-physicalist point of view.