Cranston argued that scarcity makes universal welfare rights impossible. After showing that this argument cannot be avoided by denying scarcity, I consider four challenges to the argument which accept the possibility of conflicts between the duties implied by rights. The first denies the agglomeration principle; the second embraces conflicts of duties; the third affirms the violability of all rights-based duties; and the fourth denies that duties to compensate are overriding. I argue that all four challenges to the (...) scarcity argument are unsuccessful. I then discuss Eddy’s recent challenge, which makes welfare rights context dependent, but I argue that this also fails because it makes rights unknowable. I conclude that the scarcity argument, restated in the light of the discussion, shows that universal welfare rights, as ordinarily understood, are impossible and I explain the philosophical and practical significance of this conclusion. (shrink)
This paper argues that truth is by nature context-dependent – that no truth can be applied regardless of context. I call this “strong contextualism”. Some objections to this are considered and rejected, principally: that there are universal truths given to us by physics, logic and mathematics; and that claiming “no truths are universal” is self-defeating. Two “models” of truth are suggested to indicate that strong contextualism is coherent. It is suggested that some of the utility of the “universal framework” (...) can be recovered via a more limited “third person viewpoint”. Keywords: philosophy, universality, context, truth, knowledge. (shrink)
We argue that mathematical knowledge is context dependent. Our main argument is that on pain of distorting mathematical practice, one must analyse the notion of having available a proof, which supplies justification in mathematics, in a context dependent way.
In this article, I outline a framework for the sociological study of culture that connects three intertwined elements of human culture (cultural motivations, resources, and meanings) and demonstrates the concrete contexts under which each most critically influences actions and their subsequent outcomes. In contrast to models that cast motivations, resources, and meanings as competing explanations of how culture affects action, I argue that these are fundamental constituent elements of culture that are inseparable, interdependent, and simultaneously operative. Which element provides the (...) strongest link to action, and how this link operates, must be understood as a function of the actor's position within wider social contexts. I argue that on average motivations have the most discernable link to action within a social strata, cultural resources provide the strongest link across strata, and meanings have the greatest direct influence when codified and sanctioned. I then offer a reframing and synthesis that reintegrates previously “competing” theories of culture into a more holistic context-dependent model of culture in action. Finally, I use evidence from prior empirical research, as well as new data from an ongoing ethnographic study of health behaviors among the aged, to show how various elements of culture are concretely linked to action in eight different social contexts. In doing so, I provide a roadmap for the transition out of the “either-or” logic underlying much of cultural theory and reemphasize the importance of the classical sociological concern for “when” and “how” various aspects of culture influence action and outcomes in concrete social contexts. (shrink)
Schyns et al. make a strong case for context-dependent feature discovery. The features computed from specialized and diverse data-sets help to coordinate their activity by adapting so as to emphasize what is related across sets. Their perspective can be strengthened and extended by formal arguments for the contextual guidance of learning and processing and by neurobiological and psychological evidence of structures and processes that implement this guidance.
Based on the premise that what is relevant, consistent, or true may change from context to context, a formal framework of relevance and context is proposed in which • contexts are mathematical entities • each context has its own language with relevant implication • the languages of distinct contexts are connected by embeddings • inter-context deduction is supported by bridge rules • databases are sets of formulae tagged with deductive histories and the contexts they belong to • abduction and revision (...) are supported by a notion of consistency of formulae and sets of formulae which are relative to a context, and which can, in turn, be seen as constituents of agendas. (shrink)
Advance directives are not a part of the healthcare service in Turkey. This may be related with the fact that paternalism is common among the healthcare professionals in the country, and patients are not yet integrated in the decision-making process adequately. However, starting from the enactment of the Regulation of Patient Rights in 1998, this situation started to change. While the paternalist tradition still appears to be strong in Turkey, the Ministry of Health has been taking concrete measures in (...) the recent years to ensure that patient rights are implemented in healthcare practice. Therefore, Turkey now seems to be in a transitional period where a move towards a more patient-autonomy centred approach is being supported by the regulatory authorities, as well as the academic circles and the public at large. In the light of this background, this paper aims to examine the potential benefits of advance directives, particularly with regard to their possible effect in the clinical decision-making process of Turkey's context. It will be argued that advance directives, if correctly understood and implemented in the right settings, may be beneficial, particularly for improving communication between patients and healthcare professionals and for implementing of the right to refuse treatment. (shrink)
Within liberal democratic theory, ‘democratic accountability’ denotes an aggregative method for linking political decisions to citizens’ preferences through representative institutions. Could such a notion be transferred to the global context of human rights? Various obstacles seem to block such a transfer: there are no ‘world citizens’ as such; many people in need of human rights are not citizens of constitutional democratic states; and the aggregative methods that are supposed to sustain the link are often used in favour of (...) nation-state strategic action rather than human rights. So what could accountability mean in relation to human rights? This article argues that discourse theory offers resources for approaching these problems and for rethinking a normative notion of accountability in relation to human rights. It is suggested that accountability should link political decisions to universal agreements through global rights institutions and that the link should be sustained by deliberative rather than aggregative procedures. (shrink)
Abstract -/- Inclusive nonindexical context-dependence occurs when the preferred interpretation of an utterance implies its lexically-derived meaning. It is argued that the corresponding processes of free or lexically mandated enrichment can be modeled as abductive inference. A form of abduction is implemented in Simple Type Theory on the basis of a notion of plausibility, which is in turn regarded a preference relation over possible worlds. Since a preordering of doxastic alternatives taken for itself only amounts to a relatively vacuous ad (...) hoc model, it needs to be combined with a rational way of learning from new evidence. Lexicographic upgrade is implemented as an example of how an agent might revise his plausibility ordering in light of new evidence. Various examples are given how this apparatus may be used to model the contextual resolution of context-dependent or semantically incomplete utterances. The described form of abduction is limited and merely serves as a proof of concept, but the idea in general has good potential as one among many ways to build a bridge between semantics and pragmatics since inclusive context-dependence is ubiquitous. (shrink)
In Hegel's Critique of Liberalism , Steven B. Smith examines Hegel's critique of rights-based liberalism and its relevance to contemporary political concerns. Smith argues that Hegel reformulated classic liberalism, preserving what was of value while rendering it more attentive to the dynamics of human history and the developmental structure of the moral personality. Hegel's goal, Smith suggests, was to find a way of incorporating both the ancient emphasis on the dignity and even architectonic character of political life with the (...) modern concern for freedom, rights, and mutual recognition. Smith's insightful analysis reveals Hegel's relevance not only to contemporary political philosophers concerned with normative issues of liberal theory but also to political scientists who have urged a revival of the state as a central concept of political inquiry. (shrink)
Selection theory requires multiple, simultaneously-actualized states. In cognition, each thought changes the “selection pressure” against which the next is evaluated; they are not simultaneously selected amongst. Cognitive change occurs not through selection among discrete “neural configurations,” but through interaction between conceptual web and context. This introduces a non-Kolmogorovian probability distribution, hence a classical formalism (e.g., selection theory) cannot be used.
The usefulness of contextually guided processors is investigated a little further. A more general use for binding V1 cell responses than the one in Phillips & Singer's target article is proposed, which takes into account that strong responses of these cells can mean more than the presence of lines and edges. The possibility of different grouping depending on the activities of neighboring cells is essential to the approach.
Kent Bach (2012). Context Dependence. In Manuel García-Carpintero & Max Kölbel (eds.), The Continuum Companion to the Philosophy of Language. Continuum International Pub..score: 39.0
All sorts of things are context-dependent in one way or another. What it is appropriate to wear, to give, or to reveal depends on the context. Whether or not it is all right to lie, harm, or even kill depends on the context. If you google the phrase ‘depends on the context’, you’ll get several hundred million results. This chapter aims to narrow that down. In this context the topic is context dependence in language and its use. It is (...) commonly observed that the same sentence can be used to convey different things in different contexts. That is why people complain when something they say is ‘taken out of context’ and insist that it be ‘put into context’, because ‘context makes it clear’ what they meant. Indeed, it is practically a platitude that what a speaker means in uttering a certain sentence, as well as how her audience understands her, ‘depends on the context’. But just what does that amount to, and to what extent is it true? (shrink)
The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated (...) middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)
Since World War II human rights language has come to occupy a central place in moral and legal discourse on the justification and limitation of armed conflict. At the core of contemporary international humanitarian law, concern for human rights has also developed as a vehicle for identifying and expressing moral concerns held in common across diverse cultural systems.
Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas it is essential, (...) if man is not be compelled to have recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith. (shrink)
Does context and context-dependence belong to the research agenda of semantics - and, specifically, of formal semantics? Not so long ago many linguists and philosophers would probably have given a negative answer to the question. However, recent developments in formal semantics have indicated that analyzing natural language semantics without a thorough accommodation of context-dependence is next to impossible. The classification of the ways in which context and context-dependence enter semantic analysis, though, is still a matter of much controversy and some (...) of these disputes are ventilated in the present collection. This book is not only a collection of papers addressing context-dependence and methods for dealing with it: it also records comments to the papers and the authors' replies to the comments. In this way, the contributions themselves are contextually dependent. In view of the fact that the contributors to the volume are such key figures in contemporary formal semantics as Hans Kamp, Barbara Partee, Reinhard Muskens, Nicholas Asher, Manfred Krifka, Jaroslav Peregrin and many others, the book represents a quite unique inquiry into the current activities on the semantics side of the semantics/pragmatics boundary. (shrink)
My aim in this paper is to explore the notion that corporations have moral rights within the context of a constitutive rules model of corporate moral agency. The first part of the paper will briefly introduce the notion of moral rights, identifying the distinctive feature of moral rights, as contrasted with other moral categories, in Vlastos' terms of overridingness. The second part will briefly summarize the constitutive rules approach to the moral agency of corporations (à la French, (...) Smith, Ozar) and pose the question of the paper. The third part will argue that, since the moral agency of corporations is dependent on the choices of those whose acceptence of the relevant rules constitutes the corporation as a moral agent, the rights of corporations are conventional; that is, they exist because they are so created. Thus, as a first answer, corporations do not have moral rights.But this raises a further question which we must explore. Once a corporation has been constituted, by the acceptance of the relevant rules by the relevant persons, does the corporation then have rights which endure? Can those who have constituted a corporation with certain rights morally change or cancel those rights in medias res without doing some sort of moral violence to the corporation? Do corporations at least have a moral right to persist in the conventional rights with which they were constituted? (shrink)
Distributed Cognition and Integrational Linguistics have much in common. Both approaches see communicative activity and intelligent behaviour in general as strongly con- text-dependent and action-oriented, and brains as permeated by history. But there is some ten- sion between the two frameworks on three important issues. The majority of theorists of distributed cognition want to maintain some notions of mental representation and computa- tion, and to seek generalizations and patterns in the various ways in which creatures like us couple with technologies, (...) media, and other agents; many also want to offer explanations at subpersonal levels which may undercut the autonomy of personal-level accounts. In contrast, dominant views in integrational linguistics reject all invocation of representation, resist the explanatory search for similarity across contexts and moments, and see linguistics as a lay dis- cipline which should not offer explanations in terms alien to ordinary agents. On each of these issues, I argue that integrationists could move closer to the distributed cognition frame- work without losing the most important aspects of their view: integrationist criticisms of mainstream or classical theories can be respected while alliances with revised cognitivist views about representation, context, and explanation are developed. Ó 2004 Elsevier Ltd. All rights reserved. (shrink)
Our everyday activities unfold in situations that offer a multiplicity of possibilities for action. While typing this text, the apple on the right side of my laptop affords eating, my e-mail checking, and the glass of water drinking from it. Every now and then I unreflectively switch from typing to eating or drinking and back to typing again. A relevant possibility for action is embedded in a field of other soliciting possibilities for action (Rietveld, 2008). Michael Wheeler and Hubert Dreyfus (...) have an interesting debate on the important issue of cognition in context. They both take a naturalistic and broadly Heideggerian approach to the problem of adequate sensitivity to context-dependent relevance (the frame-problem). Their debate focuses on such sensitivity in episodes of online intelligence (Wheeler, 2005, p. 252, p. 280), typing for instance. They agree that a central phenomenon to be understood is how one switches from one context to another by being responsive to what is relevant in a given situation. I use this latter agreement as a starting point for a new perspective on online intelligence. (shrink)
Temporal reference in natural language is inherently context dependent: what counts as a moment in one context may be structurally analysed in another context, and vice versa. In this note we show how the mereotopological apparatus developed elsewhere allows one to account for this phenomenon within the framework of event-based semantics.
The aim of this paper is to show that humanlanguage is context-dependent in a veryspecific way. In order to support this thesis,a detailed comparison is made between the waysin which verbal expressions depend on thecontext of occurrence and evaluation and animalcommunication systems. The comparisonhighlights a series of analogies anddifferences between human language and thecommunication systems of other animals. Myproposal is to use the term `indexicality' toindicate the characteristic way of using thecontext in human language and to use the moregeneral (...) phrase `context-dependence' for thecorresponding phenomenon in animalcommunication systems. (shrink)
Temporal reference in natural language is inherently context dependent: what counts as a moment in one context may be structurally analysed in another context, and vice versa. In this note we outline a way of accounting for this phenomenon within event-based semantics.
John Searle claims that social-scientific laws are impossible because social phenomena are physically open-ended. William Butchard and Robert D’Amico have recently argued that, by Searle’s own lights, money is a social phenomena that is physically closed. However, Butchard and D’Amico rely on a limited set of data in order to draw this conclusion, and fail to appreciate the implications of Searle’s theory of social ontology with regard to the physical open-endedness of money. Money is not physically open-ended in the strong (...) sense that Butchard and D’Amico require, and their argument for the possibility of social-scientific laws fails as a result. (shrink)
How to interpret the “molecular gene” concept is discussed in this paper. I argue that the architecture of biological systems is hierarchical and multi-layered, exhibiting striking similarities to that of modern computers. Multiple layers exist between the genotype and system level property, the phenotype. This architectural complexity gives rise to the intrinsic complexity of the genotype-phenotype relationships. The notion of a gene being for a phenotypic trait or traits lacks adequate consideration of this complexity and has limitations in explaining the (...) genotype-phenotype relationships. I explore ways toward an integrative interpretation of the gene in the context of multi-layered biological systems. A gene, I argue, should be interpreted as a functional unit that is responsible for the trans-generation passage of the capacity to dynamically produce a biochemical activity or biochemical activities. At the molecular level, a gene is a genetic unit, a stretch of DNA sequence, which dictates the behavior and the dynamic production of the encoded cellular component(s). Embedded in a gene’s quadruple DNA code are the regulatory signals, such as those for RNA splicing and/or editing, as well as for transcription factor binding. A regulatory signal can be recognized by the gene expression machinery in one state, but not in another. The confusion caused by RNA splicing, editing, and a gene’s selective tissue distribution pattern is addressed. Instead of a context-dependent definition of the gene, I argue for the view that it is the same gene displaying multiple meanings, subject to differential interpretation by the cellular machinery in different states. In other words, the same gene gives rise to different products and expression levels under different conditions. (shrink)
One of the most high-profile debates in Chinese philosophy concerns the compatibility of human and individual rights with basic Confucian doctrines and practices. Defenders of the incompatibilist view argue that rights are inconsistent with Confucianism because rights are (necessarily) role-independent obligations and entitlements, whereas Confucians think that all obligations and entitlements are role-dependent. Two other arguments have to do with the practice of claiming one's own rights, holding (a) that claiming one's rights undercuts family-like community (...) bonds and (b) that giving everyone license to claim her own rights is incompatible with certain hierarchical social structures that Confucians value. In this essay, I show that these arguments are too crudely formulated to identify the real points of contention with rights compatibilism, and then develop versions of two of the arguments which, when properly qualified, pose a more serious challenge for those who think rights and a license to claim one's own rights are consistent with core Confucian views. (shrink)
In visual science, color is usually regarded as a subjective phenomenon. The relationship between the specific color experiences that are evoked by a visual scene and the physical properties of the surfaces viewed in that scene are complex and highly dependent on spatial context. There is no simple correspondence between experienced color and a stable class of physical reflectances.
Color adjectives have played a central role in work on language typology and variation, but there has been relatively little investigation of their meanings by researchers in formal semantics. This is surprising given the fact that color terms have been at the center of debates in the philosophy of language over foundational questions, in particular whether the idea of a compositional, truth-conditional theory of natural language semantics is even coherent. The challenge presented by color terms is articulated in detail in (...) the work of Charles Travis. Travis argues that structurally isomorphic sentences containing color adjectives can shift truth value from context to context depending on how they are used and in the absence of effects of vagueness or ambiguity/polysemy, and concludes that a deterministic mapping from structures to truth conditions is impossible. The goal of this paper is to provide a linguistic perspective on this issue, which we believe defuses Travis’ challenge. We provide empirical arguments that color adjectives are in fact ambiguous between gradable and nongradable interpretations, and that this simple ambiguity, together with independently motivated options concerning scalar dimension within the gradable reading accounts for the Travis facts in a simpler, more constrained, and thus ultimately more successful fashion than recent contextualist analyses such as those in Szabó (Perspectives on semantics, pragmatics and discourse: A festschrift for Ferenc Kiefer, 2001) or Rothschild and Segal (Mind Lang, 2009). (shrink)
I argue that 'know' is only partly, though considerably, gradable. Its being only partly gradable is explained by its multi-parametrical character. That is, its truth-conditions involve different parameters, which are scalar in character, each of which is fully gradable. Robustness of knowledge may be higher or lower along different dimensions and different modes. This has little to do with whether 'know' is context-dependent, but it undermines Stanley's argument that the non-gradability of 'know' renders it non-context-dependent.
In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state’s relationship to its citizens. Central to my account is Rawls’s “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...) I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)
The publication of 'Animal Rights and Souls in the 18th Century' will be welcomed by everyone interested in the development of the modern animal liberation movement, as well as by those who simply want to savour the work of enlightenment thinkers pushing back the boundaries of both science and ethics. At last these long out-of-print texts are again available to be read and enjoyed - and what texts they are! Gems like Bougeant's witty reductio of the Christian view of (...) animals are included together with path-breaking works of ethics such as Primatt's A Dissertation on the Duty of Mercy and Sin of Cruelty to Brute Animals . There are works I have never seen before, including the remarkable Cry of Nature by the Scottish revolutionary Jacobin, John Oswald. In this set, everyone will find something novel, delightful and truly enlightening. - Peter Singer The discussion of animal rights and the moral status of animals, so prevalent in the late twentieth century, has its roots in the mid to late eighteenth century. Some of the themes we consider of recent invention - the legal standing of animals, the ethical status of vegetarians, cruelty towards animals, ultimately resulting in cruelty to humans - are of long standing. But in the eighteenth-century literature they are interconnected with theological issues surrounding animal souls, the birth of the life sciences, the great chain of being and other peculiarly eighteenth-century problems. This collection explores the exciting early discussions of moral theories concerning animals, placing them within their historical and social context. It reveals that issues such as vivisection, animal souls and vegetarianism were very much live philosophical subjects 200 years ago. The six volumes reprinted here includes complete works and edited extracts from such key eighteenth-century thinkers as Oswald, Primatt, Smellie, Monboddo and Jenyns. Many of the materials are extremely rare and never previously reprinted. The collection, edited with a new introduction and bio-bibliography by Aaron V. Garrett provides valuable original source material to supplement contemporary discussions of animal rights. --18th-century material on the theme of animal rights and practical ethics --an important supplement to contemporary animal rights discussions --provides a broader account of early discussions of the 'science of human nature' through animals --widens our understanding of 18th-century ethics through an important area of practical ethics --includes many scarce texts, most of which have never been reprinted before. (shrink)
The Challenge of Human Rights traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today’s increasingly globalized world. Provides an engaging study of the origin and the philosophical and political development of human rights discourse. Offers an original defence of human rights. Explores the significance of human rights in the context of increasing globalisation. Confronts the (...) major objections to human rights, including the charge of western ethical imperialism and cultural relativism. Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race. (shrink)
The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes (...) place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)
One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in (...) a relationship between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)
It is the purpose of this article to make the positive case for an under-appreciated conception of rights: specified rights. In contrast to rights conceived generally, a specified right can stand against different behaviour in different circumstances, so that what conflicts with a right in one context may not conflict with it in another. The specified conception of rights thus combines into a single inquiry the two questions that must be answered in invoking the general conception (...) of rights, identifying the content of a right in light of what is justifiable to do under the circumstances. I present the case for specificationism in four sections, focusing on property rights. First, I argue that rights are based upon more fundamental reasons, and that this instrumentalism is compatible only with specificationism—a fact necessity cases illuminate. Next, I explain how specificationism embodies a fully moralized understanding of rights, and point to a dilemma that one faces in denying this. Third, I argue that the gap in property rights exposed in necessity cases entails that there is no right-based duty to compensate in such cases. Finally, I offer an error theory to explain the (false) attraction of the general conception of property rights. (shrink)
Abstract In his paper “The Opposite of Human Enhancement: Nanotechnology and the Blind Chicken problem” ( Nanoethics 2: 305-36, 2008) Thompson argued that technological attempts to reduce or eliminate selected non-human animals’ capabilities (animal disenhancements) in order to solve or mitigate animal welfare problems in animals’ use pose a philosophical conundrum, because there is a contradiction between rational arguments in favor of these technological interventions and intuitions against them. In her response “Animal Disenhancement and the Non-Identity Problem: A Response to (...) Thompson” ( Nanoethics 5:43–48, 2011), Palmer maintained that the philosophical conundrum is even deeper if we introduce the non-identity problem into the discussion. In my brief response, I claim that in order to avoid the pitfalls of speculative ethics, empirical facts related to the technologies involved as well as costs for the non-human animals have to be taken into account. Depending on which changes we are referring to, ethical problems can be seen very differently. Widening the consideration to the socio-economic context in which non-human animals are currently used by humans, I challenge the idea of genuine philosophical conundrums from an antispeciesist and abolitionist perspective. Only in a context of exploitation, in which non-human animals are deprived of basic rights and their existence is totally dependent on human exploitation, the contradictions between improvement of welfare and disenhancement of capabilities make sense. Content Type Journal Article Category Critical Discussion Notes Pages 1-12 DOI 10.1007/s11569-012-0139-1 Authors Arianna Ferrari, KIT/ITAS (Karlsruhe Institute of Technology/Institute for Technology Assessment and Systems Analysis), Karlsruhe, Germany Journal NanoEthics Online ISSN 1871-4765 Print ISSN 1871-4757. (shrink)
In this paper we suggest that there is a need to examine what is meant by “context” in Social Psychology and present an example of how to place identity in its social and institutional context. Taking the case of British naturalisation, the process whereby migrants become citizens, we show that the identity of naturalised citizens is defined by common-sense ideas about Britishness and by immigration policies. An analysis of policy documents on “earned citizenship” and interviews with naturalised citizens shows that (...) the distinction between “elite” and “non-elite” migrants is evident in both the “reified” sphere of policy and the “common sense” sphere of everyday identity construction. While social representations embedded in lay experience construct ethno-cultural similarity and difference, immigration policies engage in an institutionalised positioning process by determining migrants' rights of mobility. These spheres of knowledge and practice are not disconnected as these two levels of “managing otherness” overlap—it is the poorer, less skilled migrants, originating outside the West who epitomise difference (within a consensual sphere) and have less freedom of mobility (within a reified sphere). We show that the context of identity should be understood as simultaneously psychological and political. (shrink)
Curle concludes that the Universal Declaration of Human Rights, understood in a Bergsonian context, provides us with a way to affirm in the modern context that ...
This paper deals with the connection between law and morality. Such a connection is relevant for political theory, since demonstrating that law necessarily implies a claim to justice would require fundamental rights to be considered the horizon of any legal system, instead of being considered as dependent on the axiological context of liberal democracies. The paper approaches the controversy starting from an overview of the work of the German philosopher Robert Alexy, in particular his attempt to establish an analytical (...) link between law and morality, and to this end considers law as a speech act with a claim to correctness. It then examines the critique put forward by Joseph Raz, that points out the lack of objectivity of this claim to correctness. In order to establish a moral foundation for law, the paper argues that it is necessary to take account of Karl-Otto Apel's attempt to establish the transcendental foundation of language, as well as of Habermas' critique of that attempt. In conclusion, it is argued that the debate about a possible link between law and morality sheds new light on contemporary debates on liberal justification in political theory. (shrink)
Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this (...) charge claims that the current IP regime is privatizing the very building blocks of research and development – that used to be part of the commons. The public domain, in contrast to the private domain, may be the locus of much more diverse forms of creativity that at the same time ensures a wider plurality of productive traditions. An IP regime must support a sense of public morality because it is dependent upon civil support. This inevitably prompts questions of what are “good” exclusive rights and what are “bad” exclusive rights, and how shall such IP rights be developed. We argue that the democratization of the current IP regimes is an important first step to respond to these issues. (shrink)
One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in (...) a relationship between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)
Plutarch is virtually unique in surviving classical authors in arguing that animals are rational and sentient, and in concluding that human beings must take notice of their interests. Stephen Newmyer explores Plutarch's three animal-related treatises, as well as passages from his other ethical treatises, which argue that non-human animals are rational and therefore deserve to fall within the sphere of human moral concern. Newmyer shows that some of the arguments Plutarch raises strikingly foreshadow those found in the works of such (...) prominent animal rights philosophers as Peter Singer and Tom Regan in maintaining that non-human animals are the sorts of creatures that have intellectual qualities that cause them to be proper objects of man's concern, and have interests and desires that entitle them to respect from their human counterparts. This volume is groundbreaking in viewing Plutarch's views not only in the context of ancient philosophical and ethical thought, but in its place, generally overlooked, in the history of speculation on human-animal relations, and in pointing out how remarkably Plutarch differs from such predominantly anti-animal thinkers as the Stoics. (shrink)
The changing situation in South Africa and Eastern Europe prompts Charles Villa-Vicencio to investigate the implications of transforming liberation theology into a theology of reconstruction and nation-building. Such a transformation, he argues, requires theology to become an unambiguously interdisciplinary study. This book explores the encounter between theology, on the one hand, and constitutional writing, law-making, human rights, economics, and the freedom of conscience on the other. Placing his discussion in the context of the South African struggle, the author compares (...) this situation to that in Eastern Europe, and the challenge of what is happening in these situations is identified for contexts where "the empire has not yet crumbled.". (shrink)
Forward - Prefacio - Acknowledgments - Preface - About the author - Part One: the rhetoric - An urgent context for twenty-first century librarianship - Human rights, contestations and moral responsibilities of library and information workers - Part Two: the reality - Practical strategies for social action - Prevalent manifestations of social action applied to library and information work - Specific forms of social action used in library and information work for social change - Closing thought.
Several philosophers offer explanations of linguistic vagueness by appealing to the referential context-dependence of vague terms. Timothy Williamson argues pre-emptively that any such approach must fail, on the grounds that context-dependence is neither necessary nor sufficient for vagueness. He supports this claim, in turn, by example. This paper argues that his examples fail to show that context-dependence is either unnecessary or insufficient for vagueness, and hence that he has failed by his own lights to show that it cannot explain vagueness.
The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in (...) so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. -/- A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved. (shrink)
The context-sensitivity of many cognitive processes is usually seen as an objective property which we should try to account for and to simulate in computational models. This rests on a mistaken view of inquiry as guided by principles alone. In ethics, exclusive reliance on principles is all but abandoned: the ability to deal with particular cases depends on something more. The same goes for the belief fixation processes involved in communication and other cognitive tasks. The paper defends a mixed model (...) of inquiry, which combines the traditional rationalist reliance on principles with a consideration for appropriateness in the case at hand. The key idea is that how one deals with context is a matter not of fact, but of judgment. The paper concludes with a characterization of some of the areas in which context is easily dealt with, and explains why areas in which it isn’t are not systematically shunned by people. # 2003 Elsevier Science B.V. All rights reserved. (shrink)
I shall develop and defend a view of the reparation (e.g., rights to compensation) and enforcement rights (i.e., rights to use force) that individuals have in response to rights-transgressions. The general nature of the account is intermediate to two well-developed alternatives. Pure responsibility accounts hold that reparation and enforcement rights hold only to the extent that the transgressor is culpable, or in some way responsible, for the transgression or resulting harm. Strict liability accounts hold that (...) reparation and enforcement rights hold merely in virtue of the transgression and independently of the agent’s culpability orresponsibility. I shall defend an account according to which: (1) in agreement with pure responsibility accounts, there are reparation rights against a transgressor only to the extent that the transgressor is responsible for transgression-harm (i.e., harm from a transgression), and (2) in agreement with strict liability accounts, there are enforcement rights even against innocent transgressors—although, in agreement with pure responsibility accounts, the extent of the enforcement rights depends in general on the extent to which the transgressor is responsible for the harm and for acting wrongfully. The central feature of the proposed account is that reparation and enforcement rights in a particular context are sensitive to the extent to which their implementation will reduce (in a way specified below) direct transgression-harm. (shrink)
Arguments in favor of legalized assisted suicide often center on issues of personal privacy and freedom of choice over one's body. Many disability advocates assert, however, that autonomy arguments neglect the complex sociopolitical determinants of despair for people with disabilities. Specifically, they argue that social approval of suicide for individuals with irreversible conditions is discriminatory and that relaxing restrictions on assisted suicide would jeopardize, not advance, the freedom of persons with disabilities to direct the lives they choose. This paper examines (...) the idea promoted by some proponents of assisted suicide that it is reasonable to be depressed about one's diminished quality of life in cases of irreversible illness or disability and, therefore, such depression should not call into question the individual's competence to request assistance in dying. The concept of rational depression is defined and examined in the context of: four real-life cases involving individuals with disabilities who requested assistance in dying; a set of criteria commonly applied to decision-making to determine rationality; and research bearing on the emotional status of people with disabilities. It is concluded that although disability is associated with particular socially mediated stressors, there is no theoretical or empirical evidence to indicate that depression and its role in the right to die is dynamically different, more natural, or more reasonable for disabled people than for non-disabled people. (shrink)
Contrary to much Kant interpretation, this article argues that Kant’s moral philosophy, including his account of charity, is irrelevant to justifying the state’s right to redistribute material resources to secure the rights of dependents (the poor, children, and the impaired). The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant’s account of dependency relations in “The Doctrine of Right” reveals an argumentative (...) structure sufficient for a public institutional protection of dependents and evidence that Kant identifies concerns of economic justice as lying at the heart of the state’s legitimacy.Au contraire de ce qu’affirment bon nombre d’interpretations, le présent article soutient que la philosophie morale de Kant et ses explications sur la charité ne justifient pas adéquatement le droit de l’État à redistribuer les biens matériels afin de garantir les droits des citoyens non autonomes (les pauvres, les enfants, les handicapés). Cet article rejette aussi l’idée largement diffusée que Kant ne justifie pas ouest incapable de justifier quoi que ce soit s’approchant même vaguement d’un État providence de type libéral. Une lecture attentive aux explications sur les relations de dépendance que l’on trouve dans «La doctrine du droit» dévoile une structure argumentative à même de défendre une institution publique vouée à la protection des citoyens non autonomes et fournit des preuves à l’effet que Kant voit la question de la justice économique comme un élément central de la légitimité de l’État. (shrink)
This article discusses the alleged anti-corruption effects of procurement reforms by presenting the European Act on Public Procurement and the increasing number of appeals filed by suppliers due to perceived misevaluations of tenders and perceived impairments of transparency. The delays and costs that arise from this right to appeal are studied in the Swedish context with the aim of contributing to the debate on corruption in two ways. First, instead of using the modern definition of corruption, the ancient definition is (...) introduced to explain anti-corruption efforts, focusing on corruption as deviations from a pristine standard as opposed to corruption as the abuse of public power for private gain. Second, it will be argued that the fight against corruption in the practical implementation of the European Act on Public Procurement jeopardizes efficiency and might devaluate competence. However, striving for the total elimination of corruption–an evil that has to be fought disregarding the consequences–is integral in the war against it. (shrink)
This paper argues that truth values of sentences containing predicates of “personal taste” such as fun or tasty must be relativized to individuals. This relativization is of truth value only, and does not involve a relativization of semantic content: If you say roller coasters are fun, and I say they are not, I am negating the same content which you assert, and directly contradicting you. Nonetheless, both our utterances can be true (relative to their separate contexts). A formal semantic theory (...) is presented which gives this result by introducing an individual index, analogous to the world and time indices commonly used, and by treating the pragmatic context as supplying a particular value for this index. The context supplies this value in the derivation of truth values from content, not in the derivation of content from character. Predicates of personal taste therefore display a kind of contextual variation in interpretation which is unlike the familiar variation exhibited by pronouns and other indexicals. (shrink)
I discuss an argument given by Dorothy Edgington for the conclusion that indicative conditionals cannot express propositions. The argument is not effective against Robert Stalnaker's context-dependent propositional theory. I isolate and defend the feature of Stalnaker's theory that allows it to evade the argument.
The frame problem is the difficulty of explaining how non-magical systems think and act in ways that are adaptively sensitive to context-dependent relevance. Influenced centrally by Heideggerian phenomenology, Hubert Dreyfus has argued that the frame problem is, in part, a consequence of the assumption (made by mainstream cognitive science and artificial intelligence) that intelligent behaviour is representation-guided behaviour. Dreyfus' Heideggerian analysis suggests that the frame problem dissolves if we reject representationalism about intelligence and recognize that human agents realize the (...) property of thrownness (the property of being always already embedded in a context). I argue that this positive proposal is incomplete until we understand exactly how the properties in question may be instantiated in machines like us. So, working within a broadly Heideggerian conceptual framework, I pursue the character of a representation-shunning thrown machine. As part of this analysis, I suggest that the frame problem is, in truth, a two-headed beast. The intra-context frame problem challenges us to say how a purely mechanistic system may achieve appropriate, flexible and fluid action within a context. The inter-context frame problem challenges us to say how a purely mechanistic system may achieve appropriate, flexible and fluid action in worlds in which adaptation to new contexts is open-ended and in which the number of potential contexts is indeterminate. Drawing on the field of situated robotics, I suggest that the intra-context frame problem may be neutralized by systems of special-purpose adaptive couplings, while the inter-context frame problem may be neutralized by systems that exhibit the phenomenon of continuous reciprocal causation. I also defend the view that while continuous reciprocal causation is in conflict with representational explanation, special-purpose adaptive coupling, as well as its associated agential phenomenology, may feature representations. My proposal has been criticized recently by Dreyfus, who accuses me of propagating a cognitivist misreading of Heidegger, one that, because it maintains a role for representation, leads me seriously astray in my handling of the frame problem. I close by responding to Dreyfus' concerns. (shrink)
This paper revisits some foundational questions concerning the abstract representation of a discourse context. The context of a conversation is represented by a body of information that is presumed to be shared by the participants in the conversation – the information that the speaker presupposes a point at which a speech act is interpreted. This notion is designed to represent both the information on which context-dependent speech acts depend, and the situation that speech acts are designed to affect, and (...) so to be a representation of context that is appropriate for explaining the interaction of context and the contents expressed in them. After reviewing the motivating ideas and the outlines of the apparatus, the paper responds to a criticism of the framework, and considers the way it can help to clarify some phenomena concerning pronouns with indefinite antecedents. (shrink)
In the recent debate on the semantic/pragmatic divide, Herman Cappelen and Ernie Lepore (2005) on the one hand, and Fran¸ cois Recanati (2004) on the other, occupy almost diametrically opposed positions as regards the role of semantics for communication, while largely agreeing on important features of pragmatics. According to Cappelen and Lepore (CL), semantic context sensitivity of natural language sentences is restricted to what is determined by a particular minimal set of canonically context sensitive expressions. If you try to go (...) beyond that set, as has often been done in recent semantic theories, to reach a position of moderate contextualism, your reasons will force you to the much more extreme position of radical contextualism. That is CL’s instability thesis. They argue for it by means of a number of examples intended to illustrate how you are off on a slippery slope if you admit any context sensitivity beyond the basic one. If radical contextualism is true, systematic semantics is not possible, since, according to CL, there cannot be any systematic theory of speech act content. The one exception is that whatever is said by the utterance of a sentence, its minimally context dependent content is part of it. (shrink)
In the recent debate on the semantic/pragmatic divide, Herman Cappelen and Ernie Lepore (2005) on the one hand, and Fran¸cois Recanati (2004) on the other, occupy almost diametrically opposed positions as regards the role of semantics for communication, while largely agreeing on important features of pragmatics. According to Cappelen and Lepore (CL), semantic context sensitivity of natural language sentences is restricted to what is determined by a particular minimal set of canonically context sensitive expressions. If you try to go beyond (...) that set, as has often been done in recent semantic theories, to reach a position of moderate contextualism, your reasons will force you to the much more extreme position of radical contextualism. That is CL’s instability thesis. They argue for it by means of a number of examples intended to illustrate how you are off on a slippery slope if you admit any context sensitivity beyond the basic one. If radical contextualism is true, systematic semantics is not possible, since, according to CL, there cannot be any systematic theory of speech act content. The one exception is that whatever is said by the utterance of a sentence, its minimally context dependent content is part of it. Precisely this is denied by Recanati. Not only is this “minimal proposition” not part of speech act content. The minimal proposition plays no.. (shrink)
This paper contains a discussion of how the concept of compositionality is to be extended from context invariant to context dependent meaning, and of how the compositionality of natural language might conflict with context dependence. Several new distinctions are needed, including a distinction between a weaker (e-) and a stronger (ec-) concept of compositionality for context dependent meaning. The relations between the various notions are investigated. A claim by Jerry Fodor that there is a general conflict between context dependence and (...) compositionality is considered. There is in fact a possible conflict betwee ec-compositionality and context dependence, but not of the kind Fodor suggests. It turns on the presence of so-called unarticulated constituents, in John Perry’s sense. Because of this phenomenon, on some semantic accounts there might be a variation in the meaning of a complex expression between contexts without any corresponding variation in any of the syntactic parts of that complex. The conflict can be resolved in several ways. One way is to make the unarticulated context dependence explicit only in the meta-language, which makes it into an unarticulated constituent account. A recent argument by Jason Stanley against such accounts is discussed. According to Stanley, certain readings of English sentences involving binding of contextual variables, are unavailable in these theories. After considering a reply to Stanley by François Recanati, I present an outline of a fully compositional theory, of the unarticulated constituent variety, which does deliver these readings. Concluding remarks on, inter alia, the semantics/pragmatics distinction. (shrink)
Metaphor is a crucially context-dependent linguistic phenomenon. This fact was not clearly recognized until some time in the 1970’s. Until then, most theorists assumed that a sentence must have a fixed set of metaphorical meanings, if it had any at all. Often, they also assumed that metaphoricity was the product of grammatical deviance, in the form of a category mistake. To compensate for this deviance, they thought, at least one of the sentence’s constituent terms underwent a meaning-changing ‘metaphorical twist’, (...) which deleted the objectionable selection restriction or semantic marker (e.g., Levin 1977) or turned one of the term’s fixed set of connotations into its denotation (e.g., Beardsley 1962). This situation changed as theorists began to pay more serious attention to how metaphors actually function. First, it was pointed out that not all sentences used metaphorically are logically or even pragmatically absurd (Cohen 1975). Second, it became increasingly obvious that in the context of different sentences, and in the context of the same sentence as uttered by different speakers on different occasions, the same word could be used metaphorically to express many, very different meanings. Semantic theories became increasingly bloated as theorists attempted to encompass all this variety within the lexicon. Eventually, semantic theories of metaphor were largely abandoned. Instead, theorists generally maintained either that metaphors are a type of speaker meaning, on which a speaker says one thing in order to mean something else (e.g., Grice 1975, Searle 1979), or else that metaphors don’t have any distinctive ‘meaning’ at all, but simply cause certain distinctive effects in their hearers (e.g., Davidson 1984, Rorty 1987). Philosophers of language have devoted much energy in the last 30 years to investigating the various ways in which context can affect communicated.. (shrink)
Logical AI develops computer programs that represent what they know about the world primarily by logical formulas and decide what to do primarily by logical reasoning--including nonmonotonic logical reasoning. It is convenient to use logical sentences and terms whose meaning depends on context. The reasons for this are similar to what causes human language to use context dependent meanings. This note gives elements of some of the formalisms to which we have been led. Fuller treatments are in [McC93], [Guh91] and (...) [MB94] and the references cited in the Web page [Buv95]. The first main idea is to make contexts first class objects in the logic and use the formula ist(c,p) to assert that the proposition p is true in the context c. A second idea is to formalize how propositions true in one context transform when they are moved to different but related contexts. An ability to transcend the outermost context is needed to give computer programs the ability to reason about the totality of all they have thought about so far [McC96]. (shrink)
This paper proposes a formalization of ability that is motivated in part by linguistic considerations and by the philosophical literature in action theory and the logic of ability, but that is also meant to match well with planning formalisms, and so to provide an account of the role of ability in practical reasoning. Some of the philosophical literature concerning ability, and in particular [Austin, 1956], suggests that some ways of talking about ability are context-dependent. I propose a way of (...) formalizing this dependency. (shrink)
It appears that in mixed quotations like the following, the quoted expression is used and mentioned at the same time: (1) George says Tony is his ``bestest friend''. Most theories seek to account for this observation by assuming that mixed quotations operate at two levels of content at once. In contradistinction to such two-dimensional theories, we propose that quotation involves just a single level of content. Quotation always produces a change in meaning of the quoted expression, and if the quotation (...) is mixed the shift is, to a first approximation at least, from '...' to ``what x calls '...''', where x is a variable whose value is determined by the context. We argue that quotation is generally context dependent in various ways, and that some of these ways are presuppositional in nature; we present a detailed analysis of the presuppositions in question. (shrink)
At the heart of natural language processing is the understanding of context dependent meanings. This paper presents a preliminary model of formal contexts based on situation theory. It also gives a worked-out example to show the use of contexts in lifting, i.e., how propositions holding in a particular context transform when they are moved to another context. This is useful in NLP applications where preserving meaning is a desideratum.
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert (...) Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. -/- In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution. -/- This book will be of central interest to all legal and constitutional theorists and human rights scholars. (shrink)
The paper argues that the use of epistemic terms, prominently “… knows” and even “… knows a priori/a posteriori” is context-sensitive along several dimensions. Besides the best known dimension of quality of evidence (lower quality for less demanding context, and higher one for more demanding), there is a dimension of depth (shallow justification for superficial evaluation, and deeper justification for deeper probing evaluation contexts). This claim is illustrated by context-dependent ascription of apriority and aposteriority. The argument proposed here focuses (...) upon the status of propositions that are analytic in empirical concepts (like “Whales are animals”). It is a commonplace in epistemology that any analytic proposition (including e-analytic ones) is a priori. The paper claims that propositions analyzing empirical concepts are an interesting counterexample. It develops the following argument: Many such propositions have empirical counterparts that are expressed by the same form-of-words. (E.g., the form of words “Whales are mammals” can express both an e-analytic proposition and an empirical statement.) They normally derive from their empirical counterparts. Beliefs in such propositions, can be explicitly justified either a priori, by pointing out their conceptual, analytic status, or by reverting to their empirical counterparts. In contexts of very superficial evaluation, one may justify such an analytic belief in the first, conceptual way. In most contexts a belief in a proposition analyzing an empirical concept is being justified by appeal to its empirical counterparts. The empirical justification is normally taken as being ultimate. Empirical counterparts are derivationally deeper than the corresponding analytic propositions, and empirical justification is deeper than a priori one as well. Therefore, propositions analyzing empirical concepts are deeply a posteriori and superficially a priori. (shrink)
This paper examines whether adults can adapt to novel accents of their native language that contain unfamiliar context-dependent phonological alternations. In two experiments, French participants listen to short stories read in accented speech. Their knowledge of the accents is then tested in a forced-choice identification task. In Experiment 1, two groups of listeners are exposed to newly created French accents in which certain vowels harmonize or disharmonize, respectively, to the rounding of the preceding vowel. Despite the cross-linguistic predominance of (...) vowel harmony over disharmony, the two groups adapt equally well to both accents, suggesting that this typological difference is not reflected in perceptual learning. Experiment 2 further explores the mechanism underlying this type of phonological learning. Participants are exposed to an accent in which some vowels harmonize and others disharmonize, yielding an increased featural complexity. They adapt less well to this regularity, showing that adaptation to novel accents involves feature-based inferences. (shrink)
A primary goal of research in the semantics/pragmatics interface is to investigate the division of labor between the truth-conditional component of the meaning of an expression and other factors of a more pragmatic nature. One favorite strategy, associated foremost with Grice (1967, 1989), is to keep to a rather austere semantics and to derive the overall meaning of an utterance by predictable additional inferences, called ``implicatures,'' which are seen as based on certain principles of rational and purposeful interaction. In this (...) chapter, I will explore a di¨erent way in which the truth-conditional component is complemented in context. Imagine that we have persuasive evidence that an expression a in context c expresses a proposition p. The straightforward way of capturing this in a semantic system is to attribute to a a context-dependent meaning that maps c to p in a systematic and adequate way. (shrink)
A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of (...) the most influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)
In her recent book Lindley Darden has endeavored to reclaim for philosophy an active role in the elaboration of good science. She has done this, not by holding up some set of rational standards derived from outside of scientific practice, but rather by delving into the history of science and coming out with a set of scientific strategies. Unconcerned about whether any particular strategy wasin fact employed in a given historical case her project depends upon two claims, first that these (...) strategiescould have been successfully deployed in the particular cases from which they were construed, and second and more importantly, that these strategies can be generalized beyond any particular context and be put to future use. It will be argued that Darden''s conception of the possible context independence of scientific strategies is based upon an overly cognitivist misconstrual. An alternative account of the relationship of context dependent and context independent aspects of scientific theory formation will be offered as well as its implications for philosophy. (shrink)
While we agree that the frame problem, as initially stated by McCarthy and Hayes (1969), is a problem that arises because of the use of representations, we do not accept the anti-representationalist position that the way around the problem is to eliminate representations. We believe that internal representations of the external world are a necessary, perhaps even a defining feature, of higher cognition. We explore the notion of dynamically created context-dependent representations that emerge from a continual interaction between working (...) memory, external input, and long-term memory. We claim that only this kind of representation, necessary for higher cognitive abilities such as counterfactualization, will allow the combinatorial explosion inherent in the frame problem to be avoided. (shrink)
A general feature of language that appears to resist systematic semantic analysis is context-sensitivity. Since the birth of analytic philosophy, philosophers have thought the context-dependence of natural language renders it unsuitable for analysis by the semantic tools of the logician. And metaphor appears to pose a particularly vexing problem in that, in addition to being difficult to systematize for other reasons, it is also context-dependent. However in recent years, the problem of context-dependency has moved to the foreground in the (...) philosophy of language. And some theorists have taken on the daunting challenge of accounting forour context-variant intuitions about what is said by systematic means. The central point of this paper then is to show that the resources these theorists use are far more powerful than the theorists realize. I argue that if these theorists are correct about context-sensitivity, the same resources they use to make context-sensitivity compatible with semantic systematicity can be used to yield a systematic semantic account of metaphor. The paper can be viewed as either a powerful consideration against adopting the resources of theorists who seek to explain all contextsensitivity semantically, or a powerful consideration against those whobelieve metaphor to be merely a matter of language use. (shrink)
This essay aims at neutralizing the contextualist challenge against traditional semantics. According to contextualism, utterances of non-elliptical, non-ambiguous, and non-indexical sentences may be associated with contrasting truth-conditions. In this essay, I grant the contextualist analysis of the sentences in question, and the contextualist assessment of the truth-conditions for the corresponding utterances. I then argue that the resulting situation is by no means incompatible with the traditional approach to semantics, and that the evidence put forth by the contextualists may easily be (...) taken into account by the customary treatment of natural languages. (shrink)
The paper examines three tenets of Dancy’s meta-ethics, finds them incompatible, and proposes a response-dependentist (or response-dispositional) solution. The first tenet is the central importance of thick concepts and properties. The second is that such concepts essentially involve response(s) of observers, which Dancy interprets in a way that fits the pattern of context-dependent resultance: thick concepts are well suited for the particularist grounding of moral theory. However, and this is the third tenet, in his earlier paper (1986) Dancy forcefully (...) argues against response-dispositional accounts of moral concepts and properties. The present paper argues that an anti-dispositional view is incompatible with the first two points concerning thick concepts. If thick concepts and properties are paramount and ubiquitous in moral thought and reality, and if they are essentially tied to human responses, then anti-dispositionalism is false. Dancy himself avoids obvious contradiction by characterizing thick items (concepts) differently from the usual characterization of response-dependent items. Actions that satisfy thick concepts do so in virtue of meriting a determinate response. The (non-reductionist) response-dependentist usually puts it slightly differently: such actions satisfy a given moral concepts in virtue of eliciting a merited response. I have argued at length that this tenuous difference in formulation is too weak to support a relevant difference in rebus. If the argument is right, Dancy is implicitly committed to a kind of response-dependentism. Finally, the particularist should embrace thick concepts and properties, and reject anti-dispositionalism. However, this would bring back the analogy with color and other secondary qualities. Since there are ceteris paribus laws governing such properties, the analogy suggests that moral properties might also be best accounted for by a ceteris paribus, or hedged account, a compromise between traditional generalism and the particularism of Dancy’s variety. (shrink)
Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests (...) a way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing. (shrink)
It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential (...) of two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. (shrink)
Do non-human animals have rights? The answer to this question depends on whether animals have morally relevant mental properties. Mindreading is the human activity of ascribing mental states to other organisms. Current knowledge about the evolution and cognitive structure of mindreading indicates that human ascriptions of mental states to non-human animals are very inaccurate. The accuracy of human mindreading can be improved with the help of scientific studies of animal minds. But the scientific studies by themselves do not by (...) themselves solve the problem of how to map psychological similarities (and differences) between humans and animals onto a distinction between morally relevant and morally irrelevant mental properties. The current limitations of human mindreading – whether scientifically aided or not – have practical consequences for the rational justification of claims about which rights (if any) non-human animals should be accorded. (shrink)
The author argues the concept of human rights is a development of the older notion of natural rights and that the modern understanding of natural rights evolved in the context of the European struggle to legitimate its overseas empires. The French Revolution changed this by, in effect, linking human rights to the idea of citizenship. Human rights were thus tied not only to a specific ethical-legal code but also implicitly to a particular kind of political (...) system, both of inescapably European origin. In both cases, however, being employed was an underlying idea of universality whose origins are to be found in the Greek and Roman idea of a common law for all humanity. He ends by arguing that to defend human rights against its non-Western critics, one must be aware of the genealogy of the concept and then be prepared to endorse an essentially Western European understanding of the human. (shrink)
Since 1989 we have witnessed a proliferation of efforts to develop international norms of the rights of ethnocultural minorities, such as the UN's 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Council of Europe's 1995 Framework Convention for the Protection of National Minorities, and the Organization of American States' 1997 draft Declaration on the Rights of Indigenous Peoples. This activity at the level of international law is reflected in (...) a comparable explosion of interest in minority rights among normative political theorists. In this context, Michael Walzer's work occupies an important but somewhat anomalous role. On the one hand, he was arguably the first political theorist, at least in the postwar era, to take seriously the issue of minority rights. Nonetheless, Walzer's work has had surprisingly little enduring impact on multiculturalism debates in either academic political theory or international law. One explanation for this puzzle is that Walzer's substantive discussion of minority rights seems to sit uneasily with his more foundational theory of justice, laid out in Spheres of Justice . I want to suggest a distinct (but complementary) explanation for why Walzer's work has not permeated the debate, focusing less on metaethical worries about his account of common meanings, and more on the practicalities of how he categorizes ethnic diversity. Walzer's state-differentiated but minority-undifferentiated approach simply does not connect to the governing premises of the larger academic and public debate, which treat minorities as differentiated and states as undifferentiated. I believe it is Walzer's idiosyncratic approach to categorization—more than his controversial theory of justice-as-common-meanings—which explains his relatively marginal role in the multiculturalism debate. (shrink)
Stewart Shapiro’s book develops a contextualist approach to vagueness. It’s chock-full of ideas and arguments, laid out in wonderfully limpid prose. Anyone working on vagueness (or the other topics it touches on—see below) will want to read it. According to Shapiro, vague terms have borderline cases: there are objects to which the term neither determinately applies nor determinately does not apply. A term determinately applies in a context iff the term’s meaning and the non-linguistic facts determine that they do. The (...) non-linguistic facts include the “external” context: “comparison class, paradigm cases, contrasting cases, etc.” (33) But external-contextsensitivity is not what’s central to Shapiro’s contextualism. Even fixing external context, vague terms’ (anti-)extensions exhibit sensitivity to internal context: the decisions of competent speakers. According to Shapiro’s open texture thesis, for each borderline case, there is some circumstance in which a speaker, consistently with the term’s meaning and the non-linguistic facts, can judge it to fall into the term’s extension and some circumstance in which the speaker can judge it to fall into the term’s anti-extension: she can “go either way.” Moreover, borderline sentences are Euthyphronically judgment- dependent: a competent speaker’s judging a borderline to fall into a term’s (anti- )extension makes it so. For Shapiro, then, a sentence can be true but indeterminate: a case left unsettled by meaning and the non-linguistic facts (and thus indeterminate, or borderline) may be made true by a competent speaker’s judgment. Importantly, among the non-linguistic facts that constrain speakers’ judgments (at least in the cases Shapiro cares about) is a principle of tolerance: for all x and y, if x and y differ marginally in the relevant respect (henceforth, Mxy), then if one competently judges Bx, one cannot competently judge y in any other manner in the same (total) context.1 This does not require that one judge By: one might not consider the matter at all.. (shrink)
Researchers working on children’s moral understanding maintain that the child’s capacity to distinguish morality from convention shows that children regard moral violations as objectively wrong (e.g. Nucci, L. (2001). Education in the moral domain. Cambridge: Cambridge University Press). However, one traditional way to cast the issue of objectivism is to focus not on conventionality, but on whether moral properties depend on our responses, as with properties like icky and fun. This paper argues that the moral/conventional task is inadequate for assessing (...) whether children regard moral properties as response-dependent. Unfortunately, children’s understanding of responsedependent properties has been neglected in recent research. Two experiments are reported showing that children are more likely to treat properties like fun and icky as response-dependent than moral properties like good and bad. Hence, this helps support the claim that children are moral objectivists. q 2003 Elsevier B.V. All rights reserved. (shrink)
David Hollenbach, working within the context of human rights theory, has developed the notion of "indigenous pluralism" as a means of coping with the problems that arise when different religious traditions hold distinct or incompatible interpretations of human rights. It will be argued that indigenous pluralism is a theoretically and practically useful concept for bioethics as well and hence should be incorporated into bioethical methodology and processes of bioethical policy formation. Subsequently, the notion of indigenous pluralism will be (...) discussed in relation to determinations of death as a means of illustrating this concept's applicability to bioethical inquiry. (shrink)