Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...) roles) does it play in Hart’s theory? And how does an adequate appreciation for the centrality of the internal point of view lead to the rejection of sanction-centered theories? (shrink)
It is an old charge against Locke that his commitment to a common substratum for the observable qualities of particular objects and his empiricist theory about the origin of ideas are inconsistent with one another. How could we have an idea of something in which observable qualities inhere if all our ideas are constructed from ideas of observable qualities? In this paper, I propose an interpretation of the crucial passages in Locke, according to which the idea of substratum is formed (...) through an elaborate mental process which he calls “supposition.” It is the same process we use when we form the idea of infinity − another problematic idea for an empiricist. In the end, Locke was more liberal than most empiricists in subscribing to the existence of ideas far removed from experience, because he accepted supposition as a legitimate way of constructing new ideas. (shrink)
On this, the 97th anniversary of the year of his birth, thoughts turn naturally to Willard Van Orman Quine. Quine, known as ‘Van’ to his friends but ‘That putz with the beret’ to everyone else, was one of the great systematists of the last century. The range of topics he addressed is awesome: epistemology, confirmation, philosophical logic, set theory, analyticity, modality, and, perhaps most familiarly, the indeterminacy of translation. My focus in this, my final and most challenging address as (...) Chair of the Department of Philosophy, will be on this last topic. (shrink)
Last year, as some of you may recall, I took it upon my chairly shoulders to solve the problem of causation, where this problem can be stated this way: What is causation? According to the analysis I offered, C is a cause of E if and only if C makes E happen. I am happy to report that, in the year since delivering this account of causation, no objections have arisen. The critics have been silenced. Indeed, my colleague Dan Hausman, (...) the Herbert Simon Professor of Philosophy, reports that he is no longer satisfied with the view he expressed in his recent book on causation, and I have no doubt that his change of mind is due in no small part to my seminal contribution to this subject. If you would permit me a joke, I think I “made happen” a change in Dan’s mind. I should also mention that we are now fortunate to have amongst us Carolina Sartorio, whose own analysis of causation, arrived at independently (she claims), seems but a stylistic variant of my own. Where I see causes as things that make things happen, she sees them as things that make a difference. I think, but can’t be certain, that our analyses come to the same thing. Perhaps if she hadn’t muddied the waters with all those numbered propositions and ‘ifs’ and ‘thens’ we could settle the matter. (shrink)
A central controversy in philosophy of psychology pits reductionists against, for lack of a better term, autonomists. The reductionist’s burden is to show that psychology is, at best, merely a heuristic device for describing phenomena that are, when speaking more precisely, just physical. I say “at best,” because reductionists are prone to less conciliatory remarks, such as: “psychological property P just is physical property N, so scientific explanation might as well focus exclusively on N,” and “psychological property P is nothing (...) other than N, so generalizations about N suffice to say all that there is to say about P,” and “knowledge of all the N facts suffices for knowledge of all the P facts.”. (shrink)
One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...) in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)
This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)
Within a decade or so following publication of Barkow, Cosmides and Tooby’s landmark book The Adapted Mind: Evolutionary Psychology and the Generation of Culture (1992), evolutionary psychology had bulldozed its way into the public eye. Its topics were sexy, and not just figuratively. Among them were questions about why men prefer nubile women with large breasts, why women prefer broad-chested men who drive fancy automobiles, why men view sexual infidelity as more serious than emotional infidelity while women show the opposite (...) pattern, why people view incest with revulsion. Evolutionary psychologists also sought to explain why stepfathers abuse their stepchildren more often than their biological children, and why rules of reasoning, such as material implication, are easier to apply when trying to spot a cheater than when deciding whether an odd number would be on one side of a card if a vowel was on the other. And while there were critics (e.g. Stephen Gould, ‘‘Evolution: The Pleasures of Pluralism’’, 1997), evolutionary psychology had built a head of steam and its shibboleths soon became the darlings of the popular media. Of course men prefer nubile women: natural selection would have eliminated men who chose to mate with females too young or old to bear children. Obviously women prefer high status males – women who preferred mates who could not provide for their children would not have spread their genes beyond the next generation. And what else but natural selection could explain why people react with disgust to incest? The most significant bump in the road for evolutionary psychology arose with the publication of David Buller’s exhaustive critique.. (shrink)
institutional framework ~ or rather a family of frameworks — for realizing the democratic ideal of giving kmms t0 the demos, power to the people. The distinction between a participatory and a representative system is not one between democracy proper and some faint approximation but a distinction between rival proposals for the implementation of democracy. My focus in this chapter is on representation in this democratic, popularly enabling scnsc. Thus the target of the chapter is narrower than it might have (...) been. As Hcbbcs in particular argues, the idea 0f representation may bc used, not just of representatives who are subject t0 the continuing 0r periodic control 0f the people, but also 0f a hereditary, absolute: monarch. The defenders of parliament in the 1640s tried to give its members a monop01y right on the use 0f thc word (Skinner 2005), but Hobbes argued against them that it was absurd that a monarch who "had the sovcreignty" 0vcr his subjects "from a descent 0f 600 ycars’ should not be "considcrcd as their rcprcsc-:mtativc" (Hobbes 1994: 19.3). His Qwn view, to thc contrary, was that "thc King himself did. . . ever represent the person of the people of Eng12md" (Hobbes 1990: 120). But though my focus is narrower than I-I0bbcs’s, it is broader than the targét t0 which many contcmporary thcorists give their attention. As will appear, I use the notion 0f representation in such a way that any public authorities, and any citizens wh0 assume a legitimate r01e in public.. (shrink)
In this paper today, I would like to offer a new analysis of causation and of causal claims. It is an unorthodox one, as you will see, but I suspect that in the not too distant future it will be seen as intuitively, perhaps even trivially, true. I hardly need defend the urgency of my project. Ever since Hume, philosophers have wondered whether there are causes. This is a desperate situation. With no causes, it's hard to see how brushing my (...) teeth is likely to prevent tooth decay. Indeed, it would not be unreasonable to read Hume as an advocate of rotten teeth, which might explain the sad state that many British mouths find themselves in today. The attentive listener will have noted that I said Hume's advocacy of rotten teeth might explain the abysmal state of British oral hygiene. Of course, if Hume is right about causation then nothing explains anything, and that explains why I have been tentative in my claim. The account I would like to propose is this. The claim ‘x causes y’ is to be understood in the following way: ‘x makes y happen’. That is, to say that x is the cause of y is just to say that x makes y happen. Or, to put it more succinctly, if x is the cause of y, then x makes y happen. This is no doubt a startling claim, and one in need of further clarification and defense. To begin, I should like to contrast my analysis with another that might, on its surface, appear similar. Suppose one were to claim that 'x is the cause of y' means that x brings y about. But ‘bringing about’ is hardly an informative verbal clause, and does little ampliative work. This way of putting it lacks the opaque transparency that we’ve come to expect of philosophical analyses of causation. Now this new account is not necessarily inconsistent with other, more traditional analyses, such as Lewis and Hausman's analyses of causation in terms of counterfactuals or Eells' probabilistic theory of causation. Consider first counterfactual analyses of causation. These are efforts to account for the meaning of causal dependencies.. (shrink)
In every philosopher’s career, there comes a time to look back on accomplishments, assess achievements, evaluate one’s place in a canon that dates to an era when Ancient Greeks still roamed the Earth. Perhaps many of you have wondered when I’d finally get around to doing this. Sadly, this is not the night for that splendid occasion. Do not pretend to hide your disappointment. Also, do not hesitate to point fingers. Believe me when I tell you that I would take (...) great delight in reporting to you my accomplishments, achievements, and place in the canon. If you don’t believe me, ask anyone who knows me well, or, at any rate, has spent a few minutes in conversation with me, or, maybe, has simply observed me in conversation with someone else. They’ll tell you that I am uniquely suited to fete myself, and take obvious pleasure spreading the good word to others. Alas, I have been enlisted to concentrate my philosophical powers on a topic less interesting than myself. My focus? A woman named Ruth Millikan. For philosophers, mention of the Book of Ruth directs thoughts not to the Old Testament, but to LTOBC. This is a shame, because Ruth’s Old Testament book is quite short, as books go, and tells a heartwarming story of redemption and devotion – virtues that receive hardly any mention in LTOBC. Now that I think about it, Ruth’s later books and articles mark a significant departure from the plot line in that first Book of Ruth’s. Gone are references to Bethlehem and Moab, and in their place lurk hoverflies and push me pull yous, but more on these matters in a moment. I want first to turn my finely tuned and oft picked philosophical nose to LTOBC – unquestionably Professor Millikan’s magnum opus . Here’s a little known fact. Originally, LTOBC had a different title, requiring a different acronym. If she hadn’t taken her editor’s advice, we’d be speaking of BLTOBC, which stood for Bacon, Lettuce, and Tomato on Blueberry Cobbler. There’s something down home and grannyish about this title, and Ruth deserves credit for trying to entice readers with the promise of good old fashioned, feather plucked, farm food, but, as her editor was quick to note, bacon, lettuce, and tomato have no more place on blueberry cobbler than they do on cherry cobbler, and so BLTOBC might as well be BLTOCC, and with no reason to prefer one title to the other, best just to forget about the bacon.. (shrink)
In light of the close connection between the ontological hierarchy of set theory and the ideological hierarchy of type theory, Øystein Linnebo and Agustín Rayo have recently offered an argument in favour of the view that the set-theoretic universe is open-ended. In this paper, we argue that, since the connection between the two hierarchies is indeed tight, any philosophical conclusions cut both ways. One should either hold that both the ontological hierarchy and the ideological hierarchy are open-ended, or that neither (...) is. If there is reason to accept the view that the set-theoretic universe is open-ended, that will be because such a view is the most compelling one to adopt on the purely ontological front. (shrink)
The revisionary approach to semantic paradox is commonly thought to have a somewhat uncomfortable corollary, viz. that, on pain of triviality, we cannot affirm that all valid arguments preserve truth (Beall2007, Beall2009, Field2008, Field2009). We show that the standard arguments for this conclusion all break down once (i) the structural rule of contraction is restricted and (ii) how the premises can be aggregated---so that they can be said to jointly entail a given conclusion---is appropriately understood. In addition, we briefly rehearse (...) some reasons for restricting structural contraction. (shrink)
When philosophers defend epiphenomenalist doctrines, they often do so by way of a priori arguments. Here we suggest an empirical approach that is modeled on August Weismann.
This paper examines the pressures leading two very different Early Modern philosophers, Descartes and Locke, to invoke two ways in which thought is directed at objects. According to both philosophers, I argue, the same idea can simultaneously count as “of” two different objects—in two different senses of the phrase ‘idea of’. One kind of intentional directedness is invoked in answering the question What is it to think that thus-and-so? The other kind is invoked in answering the question What accounts for (...) the success of our proper methods of inquiry? For Descartes as well as Locke, the two kinds of “ofness” come apart as a result of strong rationalist commitments. However, I will suggest that even if we reject such commitments, we go wrong if we assume that a single kind of intentional directedness suffices to address both questions. (shrink)
: McDowell opposes the view that the intentionality of language and thought remains mysterious unless it can be understood ‘from outside the conceptual order’. While he thinks the demand for such a ‘sideways-on’ understanding can be the result of ‘scientistic prejudice’, he points to Sellars's thought as exhibiting a different source: a distortion of our perspective ‘from within the conceptual order’. The distortion involves a failure on Sellars's part to see how descriptions from within the conceptual order can present expressions (...) and mental acts as related to extra-conceptual objects (a failure in turn explained by his failure to see how such relations could have normative import). In this paper, I argue that Sellars's thought suffers from no such distortion. If that is right, McDowell's examination of Sellars has not uncovered a disorder whose treatment might help relieve the desire for a sideways-on view. (shrink)
In this paper, I use the cases of intuitionistic arithmetic with Church’s thesis, intuitionistic analysis, and smooth infinitesimal analysis to argue for a sort of pluralism or relativism about logic. The thesis is that logic is relative to a structure. There are classical structures, intuitionistic structures, and (possibly) paraconsistent structures. Each such structure is a legitimate branch of mathematics, and there does not seem to be an interesting logic that is common to all of them. One main theme of my (...) ante rem structuralism is that any coherent axiomatization describes a structure, or a class of structures. If one weakens the logic, then more axiomatizations become coherent. (shrink)
We develop a point-free construction of the classical one- dimensional continuum, with an interval structure based on mereology and either a weak set theory or logic of plural quantification. In some respects this realizes ideas going back to Aristotle,although, unlike Aristotle, we make free use of classical "actual infinity". Also, in contrast to intuitionistic, Bishop, and smooth infinitesimal analysis, we follow classical analysis in allowing partitioning of our "gunky line" into mutually exclusive and exhaustive disjoint parts, thereby demonstrating the independence (...) of "indecomposability" from a non-punctiform conception. It is surprising that such simple axioms as ours already imply the Archimedean property and that they determine an isomorphism with the Dedekind-Cantor structure of R as a complete, separable, ordered field. We also present some simple topological models of our system, establishing consistency relative to classical analysis. Finally, after describing how to nominalize our theory, we close with comparisons with earlier efforts related to our own. (shrink)
On Richard’s When Truth Gives Out Content Type Journal Article Pages 1-9 DOI 10.1007/s11098-011-9796-0 Authors Kevin Scharp, Department of Philosophy, The Ohio State University, 350 University Hall, 230 North Oval Mall, Columbus, OH 43210, USA Stewart Shapiro, Department of Philosophy, The Ohio State University, 350 University Hall, 230 North Oval Mall, Columbus, OH 43210, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116.
Introduction : why do philosophy with young people? -- What is philosophy? -- What is good thinking? -- What do I know? -- What is real? -- What is art? -- What is the right thing to do? -- What is the meaning of life?
Many authors have described the ethical issues associated with international adoption for all members of the adoption triad, including adoptive parents, birth parents and the adopted child, and for both sending and receiving countries. This paper explores how political variants of care ethics, combined with a narrative approach to practice, can be used as a conceptual framework for ethically informed practice with families formed via international adoption. Political variants of care ethics foreground the particularized needs of the individual, but also (...) take into account the broader social, political, economic and cultural dynamics in which the experience of individuals occurs. This framework is particularly applicable to collaborative work with individuals or groups, such as families formed via international adoption, whose experience is both highly individualized and shaped by broader contexts and issues of social justice. This paper describes how changes in the social construction of international adoption have meaning for applied ethics and practice. Political variants of care ethics are then explored as a framework for ethical decision making. Finally, the relevance of a narrative, approach to practice is considered. This approach focuses on understanding the needs and experiences of families from their own points of view and within the social, economic, cultural and political contexts in which they have lived; linking a relationship-based, narrative approach to practice to important assumptions in many models of care ethics. (shrink)
A statement of the form ‘C caused E’ obeys the requirement of proportionality precisely when C says no more than what is necessary to bring about E. The thesis that causal statements must obey this requirement might be given a semantic or a pragmatic justification. We use the idea that causal claims are contrastive to criticize both.
It is generally assumed that Descartes invokes “objective being in the intellect” in order to explain or describe an idea’s status as being “of something.” I argue that this assumption is mistaken. As emerges in his discussion of “materially false ideas” in the Fourth Replies, Descartes recognizes two senses of ‘idea of’. One, a theoretical sense, is itself introduced in terms of objective being. Hence Descartes can’t be introducing objective being to explain or describe “ofness” understood in this sense. Descartes (...) also appeals to a pretheoretical sense of ‘idea of’. I will argue that the notion of objective being can’t serve to explain or describe this “ofness” either. I conclude by proposing an alternative explanation of the role of objective being, according to which Descartes introduces this notion to explain the mind’s ability to attain clear and distinct ideas. (shrink)
The purpose of this article is show that second-order logic, as understood through standard semantics, is intimately bound up with set theory, or some other general theory of interpretations, structures, or whatever. Contra Quine, this does not disqualify second-order logic from its role in foundational studies. To wax Quinean, why should there be a sharp border separating mathematics from logic, especially the logic of mathematics?
Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)
Christian List and Peter Menzies 2009 have looked to interventionist theories of causation for an answer to Jaegwon Kim's causal exclusion problem. Important to their response is the idea of realization-insensitivity. However, this idea becomes mired in issues concerning multiple realization, leaving it unable to fulfil its promise to block exclusion. After explaining why realization-insensitivity fails as a solution to Kim's problem, I look to interventionism to describe a different kind of solution.
Deflationists about truth seek to undermine debates about the nature of truth by arguing that the truth predicate is merely a device that allows us to express a certain kind of generality. I argue that a parallel approach is available in the case of logical consequence. Just as deflationism about truth offers an alternative to accounts of truth's nature in terms of correspondence or justification, deflationism about consequence promises an alternative to model-theoretic or proof-theoretic accounts of consequence's nature. I then (...) argue, against considerations put forward by Field and Beall, that Curry's paradox no more rules out deflationism about consequence than the liar paradox rules out deflationism about truth. (shrink)
There is a standard objection against purported explanations of how a language L can express the notion of being a true sentence of L. According to this objection, such explanations avoid one paradox (the Liar) only to succumb to another of the same kind. Even if L can contain its own truth predicate, we can identify another notion it cannot express, on pain of contradiction via Liar-like reasoning. This paper seeks to undermine such ‘revenge’ by arguing that it presupposes a (...) dubious assumption about the linguistic expression of concepts. Successful revenge would require that there be a notion other than truth that plays the same role with respect to concept-expression that truth is naturally thought to play before we are confronted with the Liar paradox. (shrink)
Love-alpha -- Language and life -- Premises -- Respect -- On conscious co-creation -- Interrelationship -- A map of the worlds -- Balance -- Trust : viruses -- Messengers -- Cooperation/community -- Truth -- The spirits of things -- Harmony -- The deva of fleas -- Communication -- Love : omega.
Love-alpha -- Language and life -- Premises -- Respect -- On conscious co-creation -- Interrelationship -- A map of the worlds -- Balance -- Trust : viruses -- Messengers -- Cooperation/community -- Truth -- The spirits of things -- Harmony -- The deva of fleas -- Communication -- Love : omega.
Love-alpha -- Language and life -- Premises -- Respect -- On conscious co-creation -- Interrelationship -- A map of the worlds -- Balance -- Trust : viruses -- Messengers -- Cooperation/community -- Truth -- The spirits of things -- Harmony -- The deva of fleas -- Communication -- Love : omega.
What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.
A paper in this journal by Fraser MacBride, ‘Can Ante Rem Structuralism Solve the Access Problem?’, raises important issues concerning the epistemological goals and burdens of contemporary philosophy of mathematics, and perhaps philosophy of science and other disciplines as well. I use a response to MacBride's paper as a framework for developing a broadly holistic framework for these issues, and I attempt to steer a middle course between reductive foundationalism and extreme naturalistic quietism. For this purpose the notion of entitlement (...) is invoked along the way, suitably modified for the present anti-foundationalist setting. (shrink)
The number of women living with HIV/AIDS is increasing worldwide, and there is an urgent public health need to develop new user-initiated HIV prevention methods, including microbicides. Although funding for microbicide development has increased since 2000, financial support is provided predominantly by governmental agencies and private foundations. Many donors, including the US Agency for International Development (USAID) and the US National Institutes of Health (NIH), have policies that restrict how research funds may be used. Among these are the now-rescinded Mexico (...) City Policy, elements of the US Foreign Assistance Act, and restrictions on non-study-related care. The effect of these restrictions on the design and conduct of clinical research is poorly understood. As part of a recent mapping exercise conducted by the Global Campaign for Microbicides, we reviewed the impact of donor restrictions on seven HIV prevention trials. We found considerable confusion within the HIV prevention field as to whether and how Mexico City and other policies affect the use of research funds. We also found that these donor-imposed policies limited the level of care provided to trial participants and the types of capacity building projects undertaken. (shrink)
In his four Unmodern Observations (Unzeitmässige Betrachtungen) of the 1870s, Nietzsche confronted early philosophical versions of positions more recentlydiscussed under such rubrics as globalization and the end of history. What he intended by marking these essays as “unmodern” or “untimely” was to designatetheir critical stance toward both the philistine self-congratulation of the era and the Hegelian philosophy with which it explained and justified itself. Basic to thisHegelian conception of history is a concept of the world-historical “great event,” a turning point (...) that manifests itself in the world of political states. The Unmodernseries broke off with Nietzsche’s essay on Wagner, where he attempted to articulate his own non-statist version of a great event. The current essay diagnoses theinterruption of this project as a failure to fully abandon Hegelian thinking, and outlines a reading of Nietzsche’s later, more compelling (and unHegelian) conceptof the great event. (shrink)
Jaegwon Kim’s causal exclusion argument has rarely been evaluated from an empirical perspective. This is puzzling because its conclusion seems to be making a testable claim about the world: supervenient properties are causally inefficacious. An empirical perspective, however, reveals Kim’s argument to rest on a mistaken conception about how to test whether a property is causally efficacious. Moreover, the empirical perspective makes visible a metaphysical bias that Kim brings to his argument that involves a principle of non-inclusion.
Prominent defenders of the extended cognition thesis have looked to evolutionary theory for support. Roughly, the idea is that natural selection leads one to expect that cognitive strategies should exploit the environment, and exploitation of the right sort results in a cognitive system that extends beyond the head of the organism. I argue that proper appreciation of evolutionary theory should create no such expectation. This leaves open whether cognitive systems might in fact bear a relationship to the environment that leads (...) to their extension. *Received July 2009; revised January 2010. †To contact the author, please write to: Department of Philosophy, 5185 Helen C. White Hall, 600 North Park Street, University of Wisconsin, Madison, WI 53706; e‐mail: lshapiro@wisc.edu. (shrink)
Jaegwon Kim's causal exclusion argument has rarely been evaluated from an empirical perspective. This is puzzling because its conclusion seems to be making a testable claim about the world: supervenient properties are causally inefficacious. An empirical perspective, however, reveals Kim's argument to rest on a mistaken conception about how to test whether a property is causally efficacious. Moreover, the empirical perspective makes visible a metaphysical bias that Kim brings to his argument that involves a principle of non-inclusion.
Ideas play at least two roles in Locke's theory of the understanding. They are constituents of ‘propositions,’ and some of them ‘represent’ the qualities and sorts of surrounding bodies. I argue that each role involves a distinct kind of intentional directedness. The same idea will in general be an ‘idea of’ two different objects, in different senses of the expression. Identifying Locke's scheme of twofold ‘ofness’ reveals a common structure to his accounts of simple ideas and complex ideas of substances. (...) A consequence is a distinction among substance sorts parallel to one of his distinctions between primary and secondary qualities. (shrink)
The article is part of a symposium on Hartry Field’s “Saving truth from paradox”. The book is one of the most significant intellectual achievements of the past decades, but it is not clear what, exactly, it accomplishes. I explore some alternatives, relating the developed view to the intuitive, pre-theoretic notion of truth.
This paper discusses the neo-logicist approach to the foundations of mathematics by highlighting an issue that arises from looking at the Bad Company objection from an epistemological perspective. For the most part, our issue is independent of the details of any resolution of the Bad Company objection and, as we will show, it concerns other foundational approaches in the philosophy of mathematics. In the first two sections, we give a brief overview of the "Scottish" neo-logicist school, present a generic form (...) of the Bad Company objection and introduce an epistemic issue connected to this general problem that will be the focus of the rest of the paper. In the third section, we present an alternative approach within philosophy of mathematics, a view that emerges from Hilbert's Grundlagen der Geometrie (1899, Leipzig: Teubner; Foundations of geometry (trans.: Townsend, E.). La Salle, Illinois: Open Court, 1959.). We will argue that Bad Company-style worries, and our concomitant epistemic issue, also affects this conception and other foundationalist approaches. In the following sections, we then offer various ways to address our epistemic concern, arguing, in the end, that none resolves the issue. The final section offers our own resolution which, however, runs against the foundationalist spirit of the Scottish neo-logicist program. (shrink)
The discovery of mirror neurons has been hailed as one of the most exciting developments in neuroscience in the past few decades. These neurons discharge in response to the observation of others’ actions. But how are we to understand the function of these neurons? In this paper I defend the idea that mirror neurons are best conceived as components of a sensory system that has the function to perceive action. In short, mirror neurons are part of a hitherto unrecognized “sixth (...) sense”. In this spirit, research should move toward developing a psychophysics of mirror neurons. (shrink)
Andy Clark's Supersizing the Mind begins as a manifesto in which the components of an embodied theory of mind are carefully moved into place, proceeds to a defense of these components from recent critical attacks, and ends with words of caution to those who would seek to extract too much from the embodied perspective. Readers unfamiliar with Clark's earlier works are likely to find the result dazzling -- an exciting, novel, and coherent conception of the mind that dares one to (...) abandon nearly every vestige of a comfortably Cartesian view of mind. Of course, philosophers of mind have, for the most part, already jettisoned the idea that minds are an ethereal sort of non-physical substance. We can now assert with no great temerity that Descartes was wrong about that. Even so, one might still agree with Descartes that minds are in some sense distinct from bodies. They are, as it were, in the head. Yet, if Clark's case for embodiment is on track, minds are not in the head. The supervenience base for a mind (and not simply mental content) can include pieces of the extracranial body and, indeed, objects in the world beyond. (shrink)
In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...) also argue that, insofar as inclusive legal positivism was developed as a response to Ronald Dworkin's critique of H. L. A. Hart's theory of law, it was founded on a mistake. For once we appreciate the role that planning plays in legal regulation, we will see that Dworkin's objection is based on a flawed conception of legal obligations and rights and hence does not present an objection that inclusive legal positivists were required to answer. (shrink)
Some central philosophical issues concern the use of mathematics in putatively non-mathematical endeavors. One such endeavor, of course, is philosophy, and the philosophy of mathematics is a key instance of that. The present article provides an idiosyncratic survey of the use of mathematical results to provide support or counter-support to various philosophical programs concerning the foundations of mathematics.
At the beginning of Die Grundlagen der Arithmetik (§2) [1884], Frege observes that “it is in the nature of mathematics to prefer proof, where proof is possible”. This, of course, is true, but thinkers differ on why it is that mathematicians prefer proof. And what of propositions for which no proof is possible? What of axioms? This talk explores various notions of self-evidence, and the role they play in various foundational systems, notably those of Frege and Zermelo. I argue that (...) both programs are undermined at a crucial point, namely when self-evidence is supported by holistic and even pragmatic considerations. (shrink)
Institutional investors are increasingly focusing on firms that prioritise Corporate Social Responsibility (CSR). In the absence of any objective measure of a firm's CSR Performance (CSP), their investment choices are largely guided by independent rating indices that rank firms according to their social performance metrics. As a result, firms looking to increase their attractiveness as targets of social investment focus their CSR efforts on increasing the visibility of activities that are recognised by such indices. However, the validity of these indices (...) as accurate measures of firms' actual social performance has repeatedly been called into question. This means that the ability of these indices to measure and report on firms' actual social impact cannot be ascertained with any degree of accuracy. The result is that firms are incentivised to engage in activities (whether genuine or 'greenwashing') that cannot be said to improve social responsibility, and may even ultimately harm society. Thus, another method of measuring CSP must be found that enables firms to measure their true impact on society. We propose a new approach to measuring CSP that is integrated with stakeholder theory. Such an approach provides managers of firms with an interest in engaging in real social development for the purposes of ensuring firm survival with the ability to understand their social obligations, and the ability to measure the resulting benefit to society. (shrink)
Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...) 2004, unpublished manuscript; Polger 2004, 2007, forthcoming). Here we focus on an internal objection to Gillett’s account and then raise some broader reasons to reject it. (shrink)
Some authors have claimed that ante rem structuralism has problems with structures that have indiscernible places. In response, I argue that there is no requirement that mathematical objects be individuated in a non-trivial way. Metaphysical principles and intuitions to the contrary do not stand up to ordinary mathematical practice, which presupposes an identity relation that, in a sense, cannot be defined. In complex analysis, the two square roots of –1 are indiscernible: anything true of one of them is true of (...) the other. I suggest that i functions like a parameter in natural deduction systems. I gave an early version of this paper at a workshop on structuralism in mathematics and science, held in the Autumn of 2006, at Bristol University. Thanks to the organizers, particularly Hannes Leitgeb, James Ladyman, and Øystein Linnebo, to my commentator Richard Pettigrew, and to the audience there. The paper also benefited considerably from a preliminary session at the Arché Research Centre at the University of St Andrews. I am indebted to my colleagues Craige Roberts, for help with the linguistics literature, and Ben Caplan and Gabriel Uzquiano, for help with the metaphysics. Thanks also to Hannes Leitgeb and Jeffrey Ketland for reading an earlier version of the manuscript and making helpful suggestions. I also benefited from conversations with Richard Heck, John Mayberry, Kevin Scharp, and Jason Stanley. CiteULike Connotea Del.icio.us What's this? (shrink)
The 300th anniversary of the publication of Isaac Newton’s Opticks in 1704 provides an occasion to review the history of its composition and publication. As a preliminary to presenting that history, Newton’s attitude to publication and response to criticism are examined. Newton’s clashes with Hooke and his presumed role as the cause of the delay in the publication of the Opticks until after his death are also scrutinized. Rather than simply presenting Newton and Hooke as quarrelsome, which they indeed were, (...) they are presented as rivals to be England’s leading optical authority. Although Newton announced his intention to publish a book very much like the Opticks in the winter of 1675–76, he did not begin to write it until 1687. It was composed in various stages, including new experimental investigations, by 1692, except for the part on diffraction. A planned, but unfulfilled, revision of the part on diffraction was responsible for delaying its publication for a number of years. (shrink)
One of the major tasks of medical educators is to help maintain and increase trainee empathy for patients. Yet research suggests that during the course of medical training, empathy in medical students and residents decreases. Various exercises and more comprehensive paradigms have been introduced to promote empathy and other humanistic values, but with inadequate success. This paper argues that the potential for medical education to promote empathy is not easy for two reasons: a) Medical students and residents have complex and (...) mostly unresolved emotional responses to the universal human vulnerability to illness, disability, decay, and ultimately death that they must confront in the process of rendering patient care b) Modernist assumptions about the capacity to protect, control, and restore run deep in institutional cultures of mainstream biomedicine and can create barriers to empathic relationships. In the absence of appropriate discourses about how to emotionally manage distressing aspects of the human condition, it is likely that trainees will resort to coping mechanisms that result in distance and detachment. This paper suggests the need for an epistemological paradigm that helps trainees develop a tolerance for imperfection in self and others; and acceptance of shared emotional vulnerability and suffering while simultaneously honoring the existence of difference. Reducing the sense of anxiety and threat that are now reinforced by the dominant medical discourse in the presence of illness will enable trainees to learn to emotionally contain the suffering of their patients and themselves, thus providing a psychologically sound foundation for the development of true empathy. (shrink)
Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...) 2004, unpublished manuscript; Polger 2004, 2007, forthcoming). Here we focus on an internal objection to Gillett’s account and then raise some broader reasons to reject it. (shrink)
When conceived as an empirical claim, it is natural to wonder how one might test the hypothesis of multiple realization. I consider general issues of testability, show how they apply specifically to the hypothesis of multiple realization, and propose an auxiliary assumption that, I argue, must be conjoined to the hypothesis of multiple realization to ensure its testability. I argue further that Bechtel and Mundale (1999) go astray because they fail to appreciate the need for this auxiliary assumption. †To (...) contact the author, please write to: Department of Philosophy, University of Wisconsin–Madison, 5185 Helen C. White Hall, 600 North Park Street, Madison, WI 53706; e‐mail: lshapiro@wisc.edu. (shrink)
Critics of attempts to explain meaning in terms of truth-conditions have tended to charge their opponents with misconceptions regarding truth. I shall argue that the 'naïve' version of the truth-conditional theory which best accounts for its resilience fails for a different and more basic reason, namely, circularity arising from the contingency of meaning. One reason why this problem has been overlooked is a tendency (noted by Dummett in a different connection) to assimilate the naïve truth-conditional theory to an idealized verificationism.
It is a commonplace that the extensions of most, perhaps all, vague predicates vary with such features as comparison class and paradigm and contrasting cases. My view proposes another, more pervasive contextual parameter. Vague predicates exhibit what I call open texture: in some circumstances, competent speakers can go either way in the borderline region. The shifting extension and anti-extensions of vague predicates are tracked by what David Lewis calls the “conversational score”, and are regulated by what Kit Fine calls penumbral (...) connections, including a principle of tolerance. As I see it, vague predicates are response-dependent, or, better, judgement-dependent, at least in their borderline regions. This raises questions concerning how one reasons with such predicates. In this paper, I present a model theory for vague predicates, so construed. It is based on an overall supervaluationist-style framework, and it invokes analogues of Kripke structures for intuitionistic logic. I argue that the system captures, or at least nicely models, how one ought to reason with the shifting extensions (and anti-extensions) of vague predicates, as borderline cases are called and retracted in the course of a conversation. The model theory is illustrated with a forced march sorites series, and also with a thought experiment in which vague predicates interact with so-called future contingents. I show how to define various connectives and quantifiers in the language of the system, and how to express various penumbral connections and the principle of tolerance. The project fits into one of the topics of this special issue. In the course of reasoning, even with the external context held fixed, it is uncertain what the future extension of the vague predicates will be. Yet we still manage to reason with them. The system is based on that developed, more fully, in my Vagueness in Context , Oxford, Oxford University Press, 2006, but some criticisms and replies to critics are incorporated. (shrink)
It is sometimes said that there are two, competing versions of W. V. O. Quine’s unrelenting empiricism, perhaps divided according to temporal periods of his career. According to one, logic is exempt from, or lies outside the scope of, the attack on the analytic-synthetic distinction. This logic-friendly Quine holds that logical truths and, presumably, logical inferences are analytic in the traditional sense. Logical truths are knowable a priori, and, importantly, they are incorrigible, and so immune from revision. The other, radical (...) reading of Quine does not exempt logic from the attack on analyticity and a priority. Logical truths and inferences are themselves part of the web of belief, and the same global methodology applies to logic as to any other part of the web, such as theoretical chemistry or ordinary beliefs about ordinary objects. Everything, including logic, is up for grabs in our struggle for holistic confirmation. The purpose of this paper is to examine the law of non-contradiction, and the concomitant principle of ex falso quodlibet, from the perspective of the principles advocated by the radical Quine. I show that he has no compelling reason to accept either of these. To put it bluntly, neither the law of non-contradiction nor the rule of ex falso quodlibet is empirically confirmed, and these principles fare poorly on the various criteria for theory acceptance on the methodology of the radical Quine. So the radical Quine is led rather quickly and rather directly into something in the neighborhood of Graham Priest’s dialetheism. (shrink)
Introduction -- Consciousness : what is the problem? -- Consciousness : how should it be studied? -- Is the mind physical? -- How is your mind related to your body? : how is it related to the world? -- What is the self? -- What can pathological cases teach us about the mind? -- How can we know whether-and what-non-human animals think? -- Can machines think? -- Is there intelligent life on other planets?
