Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding ; some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts ' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', (...) depending on second-tier empowerment. Discretion can be guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

This paper analyses and compares some of the automated reasoners that have been used in recent research for compliance checking. Although the list of the considered reasoners is not exhaustive, we believe that our analysis is representative enough to take stock of the current state of the art in the topic. We are interested here in formalizations at the _first-order_ level. Past literature on normative reasoning mostly focuses on the _propositional_ level. However, the propositional level is of little usefulness (...) for concrete LegalTech applications, in which compliance checking must be enforced on (large) sets of individuals. Furthermore, we are interested in technologies that are _freely available_ and that can be further investigated and compared by the scientific community. In other words, this paper does not consider technologies only employed in industry and/or whose source code is non-accessible. This paper formalizes a selected use case in the considered reasoners and compares the implementations, also in terms of simulations with respect to shared synthetic datasets. The comparison will highlight that lot of further research still needs to be done to integrate the benefits featured by the different reasoners into a single standardized first-order framework, suitable for LegalTech applications. All source codes are freely available at https://github.com/liviorobaldo/compliancecheckers, together with instructions to locally reproduce the simulations. (shrink)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding (‘conventions’); some articulated in context of two-tier normative order: ‘rules’, explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, ‘institutional facts’ depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either ‘absolute application’ or ‘strict application’ or ‘discretionary application’, depending (...) on second-tier empowerment. Discretion can be guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: ‘constitutive rule’ rejected in favour of ‘underlying principle’, structure of ‘institutive, consequential and terminative’ rules explained and defended. Ruiter's conception of ‘institutional’régime' considered and adopted, validity of norms and normative 'régimes' considered and differentiated from truth of statements of institutional fact. (shrink)

Today, scientific discussions on the specifics of the development of civil society in Russia do not stop. The institutional approach allows us to look at this problem through the prism of formal and informal institutions existing in society. Researchers and practitioners should not focus only on the rule of law, official prescriptions and orders, setting the framework for interactions between authorities and citizens, promoting private initiatives, and realizing the rights and freedoms of the population. If they do not (...) correspond to the prevailing norms, stereotypes, ways of thinking and actions for centuries, then the most useful, at first glance, innovations in the political and social sphere may not take root. This does not mean, however, that informal institutions remain unchanged under any circumstances. They also evolve. This process can be targeted. It is important to understand all the actors involved in the development of civil society in our country. (shrink)

I defend a conception of Logic as normative for the sort of activities in which inferences super-vene, namely, reasoning and arguing. Toulmin’s criticism of formal logic will be our framework to shape the idea that in order to make sense of Logic as normative, we should con-ceive it as a discipline devoted to the layout of arguments, understood as the representations of the semantic, truth relevant, properties of the inferences that we make in arguing and reason-ing.

The aim of this study is to justify the belief that there are biological normative mechanisms that fulfill non-trivial causal roles in the explanations (as formulated by researchers) of actions and behaviors present in specific systems. One example of such mechanisms is the predictive mechanisms described and explained by predictive processing (hereinafter PP), which (1) guide actions and (2) shape causal transitions between states that have specific content and fulfillment conditions (e.g. mental states). Therefore, I am guided by a (...) specific theoretical goal associated with the need to indicate those conditions that should be met by the non-trivial theory of normative mechanisms and the specific models proposed by PP supporters. In this work, I use classical philosophical methods, such as conceptual analysis and critical reflection. I also analyze selected studies in the field of cognitive science, cognitive psychology, neurology, information theory and biology in terms of the methodology, argumentation and language used, in accordance with their theoretical importance for the issues discussed in this study. In this sense, the research presented here is interdisciplinary. My research framework is informed by the mechanistic model of explanation, which defines the necessary and sufficient conditions for explaining a given phenomenon. The research methods I chose are therefore related to the problems that I intend to solve. In the introductory chapter, “The concept of predictive processing”, I discuss the nature of PP as well as its main assumptions and theses. I also highlight the key concepts and distinctions for this research framework. Many authors argue that PP is a contemporary version of Kantianism and is exposed to objections similar to those made against the approach of Immanuel Kant. I discuss this thesis and show that it is only in a very general sense that the PP framework is neo-Kantian. Here we are not dealing with transcendental deduction nor with the application of transcendental arguments. I argue that PP is based on reverse engineering and abduction inferences. In the second part of this chapter, I respond to the objection formulated by Dan Zahavi, who directly accuses this research framework of anti-realistic consequences. I demonstrate that the position of internalism, present in the so-called conservative PP, does not imply anti-realism, and that, due to the explanatory role played in it by structural representations directed at real patterns, it is justified to claim that PP is realistic. In this way, I show that PP is a non-trivial research framework, having its subject, specific methods and its own epistemic status. Finally, I discuss positions classified as the socalled radical PP. In the chapter “Predictive processing as a Bayesian explanatory model” I justify the thesis according to which PP offers Bayesian modeling. Many researchers claim that the brain is an implemented statistical probabilistic network that is an approximation of the Bayesian 7 rule. In practice, this means that all cognitive processes are to apply Bayes' rule and can be described in terms of probability distributions. Such a solution arouses objections among many researchers and is the subject of wide criticism. The purpose of this chapter is to justify the thesis that Bayesian PP is a non-trivial research framework. For this purpose, I argue that it explains certain phenomena not only at the computational level described by David Marr, but also at the level of algorithms and implementation. Later in this chapter I demonstrate that PP is normative modeling. Proponents of the use of Bayesian models in psychology or decision theory argue that they are normative because they allow the formulation of formal rules of action that show what needs to be done to make a given action optimal. Critics of this approach emphasize that such thinking about the normativity of Bayesian modeling is unjustified and that science should shift from prescriptive to descriptive positions. In a polemic with Shira Elqayam and Jonathan Evans (2011), I show that the division they propose into prescriptivism and Bayesian descriptivism is apparent, because, as I argue, there are two forms of prescriptivism, i.e. the weak and the strong. I argue that the weak version is epistemic and can lead to anti-realism, while the strong version is ontic and allows one to justify realism in relation to Bayesian models. I argue that a weak version of prescriptivism is valid for PP. It allows us to adopt anti-realism in relation to PP. In practice, this means that you can explain phenomena using Bayes' rule. This does not, however, imply that they are Bayesian in nature. However, the full justification of realism in relation to the Bayesian PP presupposes the adoption of strong prescriptivism. This position assumes that phenomena are explained by Bayesian rule because they are Bayesian as such. If they are Bayesian in nature, then they should be explained using Bayesian modeling. This thesis will be substantiated in the chapters “Normative functions and mechanisms in the context of predictive processing” and “Normative mechanisms and actions in predictive processing”. In the chapter “The Free Energy Principle in predictive processing”, I discuss the Free Energy Principle (hereinafter FEP) formulated by Karl Friston and some of its implications. According to this principle, all biological systems (defined in terms of Markov blankets) minimize the free energy of their internal states in order to maintain homeostasis. Some researchers believe that PP is a special case of applying this principle to cognition, and that predictive mechanisms are homeostatic mechanisms that minimize free energy. The discussion of FEP is important due to the fact that some authors consider it to be important for explanatory purposes and normative. If this is the case, then FEP turns out to be crucial in explaining normative predictive mechanisms and, in general, any normative biological mechanisms. To define the explanatory possibilities of this principle, I refer to the discussion of its supporters on the issue they define as the problem of continuity and discontinuity between life and mind. A critical analysis of this discussion and the additional arguments I have formulated have allowed me to revise the explanatory ambitions of FEP. I also reject the belief that this principle is necessary to explain the nature of predictive mechanisms. I argue that the principle formulated and defended by Friston is an important research heuristic for PP analysis. 8 In the chapter “Normative functions and mechanisms in predictive processing”, I start my analyzes by formulating an answer to the question about the normative nature of homeostatic mechanisms. I demonstrate that predictive mechanisms are not homeostatic. I defend the view that a full explanation of normative mechanisms presupposes an explanation of normative functions. I discuss the most important proposals for understanding the normativity of a function, both from a systemic and teleosemantic perspective. I conclude that the non-trivial concept of a function must meet two requirements which I define as explanatory and normative. I show that none of the theories I have invoked satisfactorily meets both of these requirements. Instead, I propose a model of normativity based on Bickhard's account, but supplemented by a mechanistic perspective. I argue that a function is normative when: (1) it allows one to explain the dysfunction of a given mechanism; (2) it contributes to the maintenance of the organism's stability by shaping and limiting possible relations, processes and behaviors of a given system; and when (3) (according to the representational and predictive functions) it enables explaining the attribution of logical values of certain representations / predictions. In such an approach, a mechanism is normative when it performs certain normative functions and when it is constitutive for a specific action or behavior, despite the fact that for some reason it cannot realize it either currently or in the long-term. Such an understanding of the normativity of mechanisms presupposes the acceptance of the epistemic hypothesis. I argue that this hypothesis is not cognitively satisfactory, and therefore the ontic hypothesis should be justified, which is directly related to adopting the position of ontic prescriptivism. For this reason, referring to the mechanistic theory of scientific explanations, I formulate an ontical interpretation of the concept of a normative mechanism. According to this approach, a mechanism or a function is normative when they perform such and such causal roles in explaining certain actions and behaviors. With regard to the normative properties of predictive mechanisms and functions, this means that they are the causes of specific actions an organism carries out in the environment. In this way, I justify the necessity of accepting the ontic hypothesis and rejecting the epistemic hypothesis. The fifth chapter, “Normative mechanisms and actions in predictive processing”, is devoted to the dark room problem and the related exploration-exploitation trade-off. A dark room is the state that an agent could be in if it minimized the sum of all potential prediction errors. I demonstrate that, in accordance with the basic assumption of PP about the need for continuous and long-term minimization of prediction errors, such a state should be desirable for the agent. Is it really so? Many authors believe it is not. I argue that the test of the value of PP is the possibility of a non-trivial solution of this problem, which can be reduced to the choice between active and uncertainty-increasing exploration and safe and easily predictable exploitation. I show that the solution proposed by PP supporters present in the literature does not enable a fully satisfactory explanation of this dilemma. Then I defend the position according to which the full explanation of the normative mechanisms, and, subsequently, the solution to the dilemma of exploration and exploitation, involves reference to the existence of constraints present in the environment. The constraints 9 include elements of the environment that make a given mechanism not only causal but also normative. They are therefore key to explaining the predictive mechanisms. They do not only play the role of the context in which the mechanism is implemented, but, above all, are its constitutive component. I argue that the full explanation of the role of constraints in normative predictive mechanisms presupposes the integration of individual models of specific cognitive phenomena, because only the mechanistic integration of PP with other models allows for a non-trivial explanation of the nature of normative predictive mechanisms that would have a strong explanatory value. The explanatory monism present in many approaches to PP makes it impossible to solve the problem of the dark room. Later in this chapter, I argue that the Bayesian PP is normative not because it enables the formulation of such and such rules of action, but because the predictive mechanisms themselves are normative. They are normative because they condition the choice of such and such actions by agents. In this way, I justify the hypothesis that normative mechanisms make it possible to explain the phenomenon of agent motivation, which is crucial for solving the dark room problem. In the last part of the chapter, I formulate the hypothesis of distributed normativity, which assumes that the normative nature of certain mechanisms, functions or objects is determined by the relations into which these mechanisms, functions or objects enter. This means that what is normative (in the primary sense) is the relational structure that constitutes the normativity of specific items included in it. I suggest that this hypothesis opens up many areas of research and makes it possible to rethink many problems. In the “Conclusion”, I summarize the results of my research and indicate further research perspectives. (shrink)

Rationality, Norms and Institutions: In Search of a Realistic Utopia The main goal of political philosophers is to search for a realistic utopia by taking individuals as they are and institutions, rules and laws as they might be. Instead of trying to change either individuals or institutions in order to improve society, this article argues that both strategies should be combined, since there are causal connections running both ways. Because individuals ultimately devise and uphold institutions, one should be optimistic (...) about the possibilities of deliberately improving society through institutional reforms. However, one should adequately model the influences that these reforms have on individuals, their identities and their motivations. From the fact that individuals can actually turn into egoists if they are treated as such, this article stresses the need to detect and maintain non-egoistic motivations. Since informal norms, for example, motivate individuals to socially desirable action, it is important to devise formal institutions that support rather than erode norm-guided behavior. (shrink)

Informed consent is recognized as a primary ethical requirement to conduct research involving humans. In the investigations with the use of human biological material, informed consent (IC) assumes a differentiated condition on account of the many future possibilities. This work presents suitable alternatives for IC regarding the storage and use of human biological material in research, according to new Brazilian regulations. Both norms – Resolution 441/11 of the National Health Council, approved on 12 May 2011, and Ordinance 2.201 (NATIONAL GUIDELINES (...) FOR BIOREPOSITORIES AND BIOBANKS OF HUMAN BIOLOGICAL MATERIAL FOR RESEARCH PURPOSE) of the Brazil Ministry of Health, approved on 14 September 2011 – state that the consent of subjects for the collection, storage and use of samples stored in Biobanks is necessarily established by means of a Free and Informed Consent Form (ICF). In order to obtain individual and formal statements, this form should contain the following two mutually exclusive options: an explanation about the use of the stored material in each research study, and the need for new consent or the waiver thereof when the material is used for a new study. On the other hand, ICF suitable for Biorepositories must be exclusive and related to specific research. Although Brazilian and international regulations identify the main aspects to be included in the IC, efforts are still necessary to improve the consent process, so that the document will become a bond of trust between subject and researcher. (shrink)

Informed consent is recognized as a primary ethical requirement to conduct research involving humans. In the investigations with the use of human biological material, informed consent (IC) assumes a differentiated condition on account of the many future possibilities. This work presents suitable alternatives for IC regarding the storage and use of human biological material in research, according to new Brazilian regulations. Both norms – Resolution 441/11 of the National Health Council, approved on 12 May 2011, and Ordinance 2.201 (NATIONAL GUIDELINES (...) FOR BIOREPOSITORIES AND BIOBANKS OF HUMAN BIOLOGICAL MATERIAL FOR RESEARCH PURPOSE) of the Brazil Ministry of Health, approved on 14 September 2011 – state that the consent of subjects for the collection, storage and use of samples stored in Biobanks is necessarily established by means of a Free and Informed Consent Form (ICF). In order to obtain individual and formal statements, this form should contain the following two mutually exclusive options: an explanation about the use of the stored material in each research study, and the need for new consent or the waiver thereof when the material is used for a new study. On the other hand, ICF suitable for Biorepositories must be exclusive and related to specific research. Although Brazilian and international regulations identify the main aspects to be included in the IC, efforts are still necessary to improve the consent process, so that the document will become a bond of trust between subject and researcher. (shrink)

Kant discovered a philosophical problem with mathematical proof. Despite being a priori , its methodology involves more than analytic truth. But what else is involved? This problem is widely taken to have been solved by Frege’s extension of logic beyond its restricted (and largely Aristotelian) form. Nevertheless, a successor problem remains: both traditional and contemporary (classical) mathematical proofs, although conforming to the norms of contemporary (classical) logic, never were, and still aren’t, executed by mathematicians in a way that transparently reveals (...) why these proofs—written in the vernacular to this very day—succeed in conforming to those norms. (shrink)

It is possible that, as you read this, there is someone out there standing in for you, speaking in your voice, acting in your stead, making agreements on your behalf, or conceding a point you might not have wanted them to. They are not your congressperson, your lawyer, or your spouse—nor anyone else authorized by means of a formal, corporately organized election or selection procedure. There is another sort of representative out there, someone you did not elect, someone you (...) perhaps would not elect, of whom you may never have heard, speaking or acting on your behalf right now—they are an informal political representative. -/- Formal political representation is a familiar topic within democratic theory. Much less discussed, though no less widespread, is informal political representation: a practice in which a person speaks or acts for a group before an audience, despite never having been elected or selected to do so by means of a corporately organized election or selection procedure. Informal political representation is an everyday feature of our public communicative landscape. It is woven taut into the fabric of our political lives. Malala Yousafzai claims: “I speak not for myself, but so those without a voice can be heard.” U2 frontman Bono claims to “represent a lot of people who have no voice at all.” President Trump, before his nomination, was said “to give a voice to those who have long felt silenced." -/- The informal representative, though neither elected nor selected, is ubiquitous and politically influential. They increase the visibility of marginalized and oppressed groups, give voice to interests not adequately expressed in formal political fora, influence public discourse, and serve as conduits between the represented and policymakers. They can, as Dr. Martin Luther King, Jr., did in Montgomery, negotiate on a group’s behalf. But so far, few have attempted to provide a theory of this phenomenon that gives full attention to both its conceptual and normative foundations. My dissertation provides a theory of informal political representation that does not treat the phenomenon as a mere deviant case of formal political representation, but rather takes informal political representation on its own terms. -/- Committee: Tommie Shelby (chair), Tim Scanlon, Dick Moran, Eric Beerbohm. (shrink)

Dealing with deductive reasoning, performed by ‘real-life’ reasoners and expressed in natural language, the paper confronts Harman’s denying of normative relevance of logic to reasoning with a logicist thesis, a principle that is supposed to contribute for solving the problem of incongruence between descriptive nature of logic and normativity of reasoning. The paper discusses in detail John MacFarlane’s (2004) and Hartry Field’s (2009) variants of “bridge principle”. Taking both variants of bridge principles as its starting point, the paper proceeds (...) arguing that there is more than one logical formalism that can be normatively suitable for deductive reasoning, due to the fact that reasoning can assume different forms that are guided by different goals. A particular reasoning processing can be modelled by specific formalism that can be shown to be actually used by a real human agent in a real reasoning context. (shrink)

We argue that living systems process information such that functionality emerges in them on a continuous basis. We then provide a framework that can explain and model the normativity of biological functionality. In addition we offer an explanation of the anticipatory nature of functionality within our overall approach. We adopt a Peircean approach to Biosemiotics, and a dynamical approach to Digital-Analog relations and to the interplay between different levels of functionality in autonomous systems, taking an integrative approach. We then apply (...) the underlying biosemiotic logic to a particular biological system, giving a model of the B-Cell Receptor signaling system, in order to demonstrate how biosemiotic concepts can be used to build an account of biological information and functionality. Next we show how this framework can be used to explain and model more complex aspects of biological normativity, for example, how cross-talk between different signaling pathways can be avoided. Overall, we describe an integrated theoretical framework for the emergence of normative functions and, consequently, for the way information is transduced across several interconnected organizational levels in an autonomous system, and we demonstrate how this can be applied in real biological phenomena. Our aim is to open the way towards realistic tools for the modeling of information and normativity in autonomous biological agents. (shrink)

It is often claimed that emotions are linked to formal objects. But what are formal objects? What roles do they play? According to some philosophers, formal objects are axiological properties which individuate emotions, make them intelligible and give their correctness conditions. In this paper, I evaluate these claims in order to answer the above questions. I first give reasons to doubt the thesis that formal objects individuate emotions. Second, I distinguish different ways in which emotions (...) are intelligible and argue that philosophers are wrong in claiming that emotions only make sense when they are based on prior sources of axiological information. Third, I investigate how issues of intelligibility connect with the correctness conditions of emotions. I defend a theory according to which emotions do not respond to axiological information, but to non-axiological reasons. According to this theory, we can allocate fundamental roles to the formal objects of emotions while dispensing with the problematic features of other theories. (shrink)

From an early age, humans exhibit a tendency to identify, adopt, and enforce the norms of their local communities. Norms are the social rules that mark out what is appropriate, allowed, required, or forbidden in different situations for various community members. These rules are informal in the sense that although they are sometimes represented in formal laws, such as the rule governing which side of the road to drive on, they need not be explicitly codified to effectively influence (...) behavior. There are rules that forbid theft or the breaking of promises, but also rules which govern how close it is appropriate to stand to someone while talking to them, or how loud one should talk during the conversation. Thus understood, norms regulate a wide range of activity. They exhibit cultural variability in their prescriptions and proscriptions, but the presence of norms in general appears to be culturally universal. Some norms exhibit characteristics that are often associated with morality, such as a rule that applies to everyone and prohibits causing unnecessary harm. Others norms apply only to certain people, such as those that delimit appropriate clothing for members of different genders, or those concerning the expectations and responsibilities ascribed to individuals who occupy positions of leadership. The norms that prevail in a community can be more or less fair, reasonable, or impartial, and can be subject to critique and change. This entry provides an overview of interdisciplinary research into the psychological capacity for norm-guided cognition, motivation, and behavior. The notions of a norm and normativity occur in an enormous range of research that spans the humanities and behavioral sciences. Researchers primarily concerned with the psychology distinctive of norm-governed behavior take what can be called “cognitive-evolutionary” approaches to their subject matter. These approaches, common in the cognitive sciences, draw on a variety of resources and evidence to investigate different psychological capacities. This entry describes how these have been used to construct accounts of those cognitive and motivational features of minds that underpin the capacity to acquire, conform to, and enforce norms. It also describes how theories of the selective pressures and adaptive challenges prominent in recent human evolution have helped to inform and constrain theorizing about this psychological capacity, as well as how its features can influence the transmission and cultural evolution of norms. By way of organization, the entry starts with basics and proceeds to add subsequent layers of intricacy and detail. Researchers taking cognitive-evolutionary approaches to norms come from a wide range of disciplines, and have formulated, explored, and debated positions on a large number of different issues. In order to present a comprehensible overview of these interconnected literatures, the entry starts by laying out main contours and central tenets, the key landmarks in the conceptual space common to different theories and claims. It goes on to provide a more detailed description of the kinds of theoretical resources that researchers have employed, and identifies important dimensions along which more specific accounts of the psychology of norms have varied. It then canvasses different sources of empirical evidence that have begun to illuminate other philosophically interesting features of the capacity for norms. Finally, it ends with a discussion of the relationship between norm cognition and morality, with a few illustrations drawn from recent debates in moral theory. (shrink)

The papers collected in this volume exemplify some of the trends in current approaches to logic, language and computation. Written by authors with varied academic backgrounds, the contributions are intended for an interdisciplinary audience. The first part of this volume addresses issues relevant for multi-agent systems: reasoning with incomplete information, reasoning about knowledge and beliefs, and reasoning about games. Proofs as formal objects form the subject of Part II. Topics covered include: contributions on logical frameworks, linear logic, and different (...) approaches to formalized reasoning. Part III focuses on representations and formal methods in linguistic theory, addressing the areas of comparative and temporal expressions, modal subordination, and compositionality. (shrink)

This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model (...) of reasoning with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified. (shrink)

This article discusses how to interpret the so-called Knobe effect, which refers to the asymmetry in judgments about the intentionality of the side effects caused by one’s actions. The observed tendency is explained through the “moral undertone” of the actions judged. So far, discussions have mostly been held among philosophers in the analytical tradition, who see the theory of morality largely as an ethics of rules. The analysis developed in this article advances the research carried out so far to include (...) teleological ethics, most notably the tradition of Thomistic ethics. Philosophical discussions address the problem of normative orders, focusing in particular on two types of cognition concerned, respectively, with moral judgments and facts. Investigating this issue proves to be helpful not only to explain the Knobe effect, but also to better understand the very notion of an intentional action as employed in the philosophy of action. As a result of this analysis, the Author explains the existing asymmetry in the attribution of intentionality to actions with the respondents’ confusion between cognitive orders. This problem brings us to the issue of normative competences. In analyzing the Knobe effect, normative competences would be responsible for the classification of the data collected and separation of the “purely informative” order from the order of moral judgments, referring to norms or values. (shrink)

The Normative Structure of Responsibility deals with responsibility in legal, moral, and linguistic contexts. The book builds on conceptual analysis and data from everyday language, ethics, and the law in order to defend the thesis that responsibility is fundamentally normative, that is, it cannot be reduced to purely descriptive factors. The book is divided in three parts: the first part draws a conceptual map of various responsibility concepts, conceptions and conditions and their interaction with different kinds of (...) rules; the second part engages with arguments in favour of a descriptive understanding of responsibility based on ethics, neuroscience, and metaphysics and argues against it; the third part investigates the language of responsibility and its use in formal and informal contexts. (shrink)

BAT is a logic built to capture the inferential behavior of informal provability. Ultimately, the logic is meant to be used in an arithmetical setting. To reach this stage it has to be extended to a first-order version. In this paper we provide such an extension. We do so by constructing non-deterministic three-valued models that interpret quantifiers as some sorts of infinite disjunctions and conjunctions. We also elaborate on the semantical properties of the first-order system and consider (...) a couple of its strengthenings. It turns out that obtaining a sensible strengthening is not straightforward. We prove that most strategies commonly used for strengthening non-deterministic logics fail in our case. Nevertheless, we identify one method of extending the system which does not. (shrink)

As we rapidly approach the 50th year of the much‐celebrated ‘cognitive revolution’, it is worth reflecting on its widespread impact on individual disciplines and areas of multidisciplinary endeavour. Of specific concern in this paper is the example of the influence of cognitivism's equation of mind and computer in education. Within education, this paper focuses on a particular area of concern to which both mind and computer are simultaneously central: educational technology. It examines the profound and lasting effect of cognitive science (...) on our understandings of the educational potential of information and communication technologies, and further argues that recent and multiple ‘signs of discontent’, ‘crises’ and even ‘failures’ in cognitive science and psychology should result in changes in these understandings. It concludes by suggesting new directions that educational technology research might take in the light of this crisis of cognitivsm. (shrink)

As we rapidly approach the 50th year of the much‐celebrated ‘cognitive revolution’, it is worth reflecting on its widespread impact on individual disciplines and areas of multidisciplinary endeavour. Of specific concern in this paper is the example of the influence of cognitivism's equation of mind and computer in education. Within education, this paper focuses on a particular area of concern to which both mind and computer are simultaneously central: educational technology. It examines the profound and lasting effect of cognitive science (...) on our understandings of the educational potential of information and communication technologies, and further argues that recent and multiple ‘signs of discontent’, ‘crises’ and even ‘failures’ in cognitive science and psychology should result in changes in these understandings. It concludes by suggesting new directions that educational technology research might take in the light of this crisis of cognitivsm. (shrink)

This volume develops a fundamentally different categorical framework for conceptualizing time and reality. The actual taking place of reality is conceived as a “constellatory self-unfolding” characterized by strong self-referentiality and occurring in the primordial form of time, the not yet sequentially structured “time-space of the present.” Concomitantly, both the sequentially ordered aspect of time and the factual aspect of reality appear as emergent phenomena that come into being only after reality has actually taken place. In this new framework, time functions (...) as an ontophainetic [H1] platform, i.e., as the stage on which reality can first occur. Events are merely the “tracks” that the actual taking place of reality leaves behind on the co-emergent “canvas’’ of local spacetime. -/- The view of time proposed here is particularly relevant to the recent debate over the “ER=EPR” conjecture targeting the relation between quantum physics and general relativity theory. The novelty of this radically different framework is that it allows quantum reduction and singularities to be addressed as inverse transitions into and out of the factual layer of reality: In quantum physical state reduction, reality “gains” the chrono-ontological format of facticity, and the sequential aspect of time becomes applicable. In singularities, by contrast, the opposite happens: Reality loses its local spacetime formation and reverts back to its primordial, pre-local shape – making the use of causality relations, Boolean logic and the dichotomization of subject and object obsolete in the process. -/- For our understanding of the relation between quantum and relativistic physics, this new view opens up fundamentally new perspectives: Both are legitimate views of time and reality; they simply address very different chrono-ontological portraits, and thus should not lead us to erroneously prefer one view over the other. -/- The task of the book is to provide a formal framework in which this radically different view of time and reality can be suitably addressed. The mathematical approach is based on the logical and topological features of the Borromean Rings, and draws upon concepts and methods from algebraic and geometric topology – especially the theory of sheaves and links, group theory, logic and information theory in relation to the standard constructions employed in quantum mechanics and general relativity, shedding new light on the problems of their compatibility. The intended audience includes physicists, mathematicians and philosophers with an interest in the conceptual and mathematical foundations of modern physics. (shrink)

A barrier to entailment exists if you can't get conclusions of a certain kind from premises of another. One of the most famous barriers in philosophy is Hume's Law, which says that you can't get normative conclusions from descriptive premises, or in slogan form: you can't get an ought from an is. This barrier is highly controversial, and many famous counterexamples were proposed in the last century. But there are other barriers which function almost as philosophical platitudes: no Universal (...) conclusions from Particular premises, no Future conclusions from premises about the Past, and no claims that attribute Necessity from premises that merely tell us how things happen to be in the Actual world. Barriers to Entailment proposes a unified logical account of five barriers that have played important roles in philosophy, in the process showing how to diagnose proposed counterexamples and arguing that the case for Hume's Law is as strong as that for the platitudinous barriers. -/- The first two parts of the book employ techniques from formal logic, but present them in an accessible way, suitable for any reader with some background in first-order model theory (of the kind that might be taught in a first class in logic). Gillian Russell introduces tense, modal, indexical, and deontic formal logics, but always avoids unneeded complexity. Each barrier is connected to broader philosophical topics: universality, time, necessity, context-sensitivity, and normativity. Russell brings out under-recognised connections between the domains and lays the groundwork for further work at the intersections. -/- The last part of the book transposes the formal work to informal barrier theses in the philosophy of language, in the process doing new work on the concept of logical consequence, and providing new responses to proposed informal counterexamples to Hume's Law which employ hard-to-formalise tools from natural language, such as speech acts and thick normative expressions. (shrink)

The objective of the paper is to explore the issue that despite the absence of adequate formal and systematic ways for the poor and disadvantaged people to get access to health benefit like in a rich liberal society, there are active social customs, feelings and individual and collective responsibilities among the people that help the disadvantaged and poor people to have access to the minimum health care facility in both liberal and non-liberal poor countries. In order to explain (...) the importance and functional contribution of the social norms in this respect, some examples will be illustrated from Bangladesh which is a poor liberal country. There will be two sections of the paper. In the first section, it will be exhibited how the naturally and socially disadvantaged people in a liberal society get benefit following Rawls‟ theory of distributive justice. In the second section, it will be showed that in a poor country where there are less resources of the government to provide enough services to the poor and disadvantaged people, the communal feelings and the informal social institutions play a vital role that helps the disadvantaged and poor people to get access to the health benefit. The traditional social norms impose indirect sanction on its people to come forward to help the worse off people of the country. It is depicted that Rawlsian theory of distribution does not work properly in these countries, rather the communitarian feelings is more welcomed for the benefit of the overall welfare of the society and this will be shown in the conclusion of the paper. (shrink)

In order to effectively communicate information, the choice of representation is important. Ideally, a chosen representation will aid readers in making desired inferences. In this paper, we develop the theory of observation: what it means for one statement to be observable from another. Using observability, we give a formal characterization of the observational advantages of one representation of information over another. By considering observational advantages, people will be able to make better informed choices of representations of information. To (...) demonstrate the benefit of observation and observational advantages, we apply these concepts to set theory and Euler diagrams. In particular, we can show that Euler diagrams have significant observational advantages over set theory. This formally justifies Larkin and Simon’s claim that “a diagram is worth ten thousand words”. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a general but explicit (...) definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

This paper defines the form of prior knowledge that is required for sound inferences by analogy and single-instance generalizations, in both logical and probabilistic reasoning. In the logical case, the first order determination rule defined in Davies (1985) is shown to solve both the justification and non-redundancy problems for analogical inference. The statistical analogue of determination that is put forward is termed 'uniformity'. Based on the semantics of determination and uniformity, a third notion of "relevance" is defined, both logically (...) and probabilistically. The statistical relevance of one function in determining another is put forward as a way of defining the value of information: The statistical relevance of a function F to a function G is the absolute value of the change in one's information about the value of G afforded by specifying the value of F. This theory provides normative justifications for conclusions projected by analogy from one case to another, and for generalization from an instance to a rule. The soundness of such conclusions, in either the logical or the probabilistic case, can be identified with the extent to which the corresponding criteria (determination and uniformity) actually hold for the features being related. (shrink)

Engaging stakeholders in policy making and supporting policy development with advanced information and communication technologies including policy simulation is currently high on the agenda of research. In order to involve stakeholders in providing their input to policy modeling via online means, simple techniques need to be employed such as scenario technique. Scenarios enable stakeholders to express their views in narrative text. At the other end of policy development, a frequently used approach to policy modeling is agent-based simulation. So far, (...) effective support to transform narrative text input to formal simulation statements is not widely available. In this paper, we present a novel approach to support the transformation of narrative texts via conceptual modeling into formal simulation models. The approach also stores provenance information which is conveyed via annotations of texts to the conceptual model and further on to the simulation model. This way, traceability of information is provided, which contributes to better understanding and transparency, and therewith enables stakeholders and policy modelers to return to the sources that informed the conceptual and simulation model. In this paper, we present the consistent conceptual description (CCD) as conceptual modeling approach to bridge the gap between narrative texts and formal policy models. The CCD meta-model with the underlying vocabulary for describing policy contexts is detailed. A case study introduces the application of the approach in the Open Collaboration for Policy Modeling project. (shrink)

Formal arguments are often represented by pairs, but in this paper we consider normative arguments represented by sequences of triples, where constitutive norms derive institutional facts from brute facts, and regulative norms derive deontic facts like obligations and permissions from institutional facts. The institutional facts may be seen as the reasons explaining or warranting the deontic obligations and permissions, and therefore they can be attacked by other normative arguments too. We represent different aspects of normative reasoning (...) by different kinds of consistency checks among these triples, and we use formal argumentation theory to resolve conflicts among such normative arguments. In particular, we introduce various requirements for arguing about norms concerning violations, contrary-to-duty obligations, dilemmas, conflict resolution and different kinds of norms, and we introduce a formal argumentation theory satisfying the requirements. In order to illustrate our framework, we introduce a running example based on university regulations for prospective and actual students. (shrink)

In this paper, I address a question in social epistemology about the unity of a scientic community to- wards its inner groups (teams, labs...). I investigate the reasons why these groups might want to \go it alone", working among themselves and hiding their discoveries from other groups. I concentrate on the intermediate results of a longer project, where the first steps can help to achieve a more advanced result. I study to what extent the isolation of research groups might be (...) damaging to the epistemic progress of the whole community. In order to get an idea of the reason why scientists might not share their intermediate results with others, consider for example Schawlow and Townes in the summer of 1958 (the historical material is drawn from Broberg, 1991, chap. 3): together they had just designed the principle of functioning of what would be known as the laser, with the intention of constructing the rst laser, relying on their theoretical ideas. Should they have published their theoretical discovery, or rather taken advantage of their advance on possible oppo- nents and start the experimental work? They chose to publish their theoretical ideas in a scientic journal, and they also led a patent application. On the one hand, it was a valuable choice: the patent was granted and their paper was published, making them soon famous. Further- more, another scientist called Gould was to le a simi- lar patent application a few months later, in March 1959; it was refused, because of the priority of Schawlow and Townes. If the latter had not submitted their idea in 1958, the patent would certainly have been acknowl- edged to Gould. In this sense, publishing their intermediate result was a worthy strategy. On the other hand, history showed that their publication had also some drawbacks for them. Schawlow and Townes' publication triggered a race among many American laboratories for the rst experimental construction of the laser. In addition to bringing them competitors, their publication helped these competitors in crucial ways; so much so that it was another scientist, Maiman, and not Schawlow and Townes, who was able to build the rst working laser, in May 1960, and to publish the result. If Schawlow and Townes had not published their theoretical idea, there are chances that they would have been the first ones to build a laser. Their publication of the first theoretical result certainly prevented them from getting the second experimental one. In short, the best publishing strategy about an intermediate result is no easy question for a scientist. Consider now the whole community, concerned with the results available to all and with the pace of the epistemic progress. Schawlow and Townes' publication enabled the rst laser to be built quicker, as other teams could rely on their theoretical work. More generally, being able to reuse other's works seems to be a rm basis of scientic progress. Thus, for the whole community, it seems that there are only benets if intermediate results are published. As this is not necessarily the best strategy for those who reach these intermediate results, there might be a conflict between the interests of individuals and those of the whole community. The question Schawlow and Townes faced was whether they should make their discovery publicly known, or keep it for themselves to progress alone. This alternative can also arise for an entire lab, when competing with other labs on some long-run project: should it make its discoveries known to its opponents, or only share them internally among its members? At a higher level still, this question arises for what can be called scientic schools, which are groups of labs sharing some particular approach|methodological, experimental or interpre- tational, for example. At each level within the scientic community, there are competitive groups of scientists which may decide to go it alone and to prevent their results from being accessible to others. If they had good reasons for doing so, there would be dramatic consequences for the whole community: other groups would not be able to reuse their results, labour force would be wasted in achieving them again, and the progress of the eld would be slowered. 9 The aim of this paper is to investigate this risk of division: to assess the conditions under which it may oc- cur, its damage for the community, and to draw the limit of an acceptable pluralism. The reasoning with benets and drawbacks which has been sketched for Schawlow and Townes seems to be implicitly an informal economic argument. In order to clarify and to rene such an argument, I will investigate it in a rational decision framework, supposing some utility or preferences for the groups of scientists, and I will propose a formal model, in game theory. In social epistemology of science, formal models have been proposed for various questions (for example, Kitcher 1990, 1993, Goldman 2009, Strevens 2003, 2006, Weisberg and Muldoon, forthcoming, Zollman 2007, 2008, 2009, 2010), but not for the question of the division of the scientic community. I will concentrate on the normative aspect of the question, ignoring the descriptive and historical question of whether groups do go it alone or not. The model I propose is sequential: two groups are competing on a research program, which consists of several results which have to be obtained in order. The groups always carry out some research for the next result, which they reach with some probability per unit of time. When a group, say A, reaches a result, it can either make it public for the other group, or continue its research. After a result is made public, the competitor B can start from it so as to continue its own research. Thus, when A publishes it loses its lead, and its competitor will be able to compete with it in the near future. But it is also recognized as the rst to reach this step. I consider two dierent cases, one in which the number of steps is limited, another where the limit concerns the number of temporal intervals. In both cases, assuming that all steps are equally dicult and equally rewarding, it turns out that the best strategy for a group concerned with its own reward is to make public every step it takes. Thus, there is no risk that groups might separate: a scientist, whatever its group, will publish for all. Finally, I turn to more complex situations, where results have varying size or diculty: there, groups can indeed be better o going it alone. (shrink)

Evidence is often taken to be “normative” for doxastic agents. For instance, we are told to apportion our beliefs to the evidence, to not believe a claim without seeking out countervailing evidence, and so on. But what accounts for the normativity of evidence? This dissertation is devoted to answering this question. In order to answer it, I develop a novel approach to the theory of epistemic normativity. According to my approach, epistemic norms structure a social practice of epistemic (...) accountability. This approach shares affinities with Strawsonian attempts to elucidate moral responsibility by considering the conditions under which it’s appropriate to subject a person to the “reactive attitudes” (e.g. resentment and indignation). However, when it comes to epistemic (as opposed to moral) accountability, I argue that the relevant attitudinal responses need not involve reactive emotions. Moreover, what I seek to elucidate by appealing to these attitudinal responses is not responsible agency, but rather the content and normative significance of epistemic norms. Crucial to my approach is a distinctly epistemic way of holding a person accountable for their doxastic attitudes. To hold a person epistemically accountable, on my approach, is to modify trust in the person in a particular way. For instance, someone might cease to take a person’s words at face value when it comes to a certain topic, or someone might be unwilling to rely on another as a testimonial source of information. I argue that our practice of epistemic accountability is a legitimate social practice. I then go on to consider what norms of belief structure its activities. I argue that a number of norms of belief are implicit in our practice of epistemic accountability, including evidential norms and knowledge norms. I ultimately argue that our acceptance of epistemic norms is itself grounded in the fact that we participate in a social practice wherein we hold each other epistemically accountable. (shrink)

Many have expected that understanding the evolution of norms should, in some way, bear on our first-order normative outlook: How norms evolve should shape which norms we accept. But recent philosophy has not done much to shore up this expectation. Most existing discussions of evolution and norms either jump headlong into the is/ought gap or else target meta-ethical issues, such as the objectivity of norms. My aim in this paper is to sketch a different way in which evolutionary (...) considerations can feed into normative thinking—focusing on stability. I will discuss two forms of argument that utilize information about social stability drawn from evolutionary models, and employs it to assess claims in political philosophy. One such argument treats stability as feature of social states that may be taken into account alongside other features. The other uses stability as a constraint on the realization of social ideals, via a version of the ought-implies-can maxim. These forms of argument are not new; indeed they have a history going back at least to early modern philosophy. But their marriage with evolutionary information is relatively recent, has a significantly novel character, and has received little attention in recent moral and political philosophy. (shrink)

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to (...) explore the moral commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines have begun to engage with one another more. This discussion among international lawyers and philosophers addresses the promises of and challenges to interdisciplinary approaches to global justice. The contributors consider the added value of philosophical inquiry to issues facing international law practitioners or scholars, the salience of of international law for political philosophy, and the methodological distinctions between the two fields. The contributors also identify promising lines and examples of interdisciplinary scholarship. (shrink)

The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The (...) Law is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)

Rationality and reasonableness can be illustrated as Janus-faced concepts, not only in a descriptive diagnosis but also in a normative construction of adjudication, and in the analysis of its practical and rhetorical effects. Considering such an illustration, the present reflection returns to the discussion on the relevance of rationality and reasonableness in legal interpretation, aiming at distinguishing and/or connecting principles and criteria, beyond formally logical and/or procedurally argumentative decision-making, and, thus, within a normatively practical adjudication. Such an approach will (...) be presented in two main steps. In a first step, the rationality/reasonableness dichotomy will be discussed within a constitutive connection between principles and criteria in adjudication, and understanding legal principles as normatively substantial foundations to legal criteria—the former as axiological references filtered into the juridical system and the latter as their concretizations, and whose practical adequacy is rhetorically assigned by the interpretive communities involved in/by adjudication, and normatively referred both to their practical accordance to the axiological normativity of the principles they shall presuppose and to their suitability as practical operators to the problematic relevance of the sub judice cases. In a second step, and consequently, encompassing the projection of legal interpretation, in semiotic and in practical-normative perspectives, in order to discuss their constituting practical relevance in adjudication, the rationality/reasonableness dichotomy will be experimented within formal-logical procedures and within practical-dialectical connections between juridical problem and juridical system—therefore stating a discussion on the foundations, the intentionality and the consequences of adjudication, amongst deduction and analogy. (shrink)

This article was delivered as a public lecture at the Universidade Federal do Rio de Janeiro, March 24, 2015. It discusses normative information and library ethics and then formal and critical information and library ethics, the latter being the preconditions to the existence of information access and user’s choices. Information professionals have strong responsibilities in creating the possibilities for information, and therefore, for truth and rights to truth, by their choices in constructing and making available or not information. (...) Professional formal and critical ethics are, thus, preconditions to information access and choices by users. ÉTICA INFORMACIONAL: AS PERSPECTIVAS NORMATIVA E CRÍTICA ResumoEste artigo foi apresentado como conferência pública na Universidade Federal do Rio de Janeiro, em 24 de março de 2015. Discute regras referentes à informação e a ética biblioteconômica e, daí, critérios formais e críticos para a informação e a ética biblioteconômica, a última como precondição para existência do acesso à informação e escolha dos usuários. Os profissionais da informação têm grande responsabilidades na criação de possibilidades para informação e, daí, à verdade e ao direito à verdade, a partir de suas escolhas na construção e no fazer acessível ou não a informação. Critérios formais e ética crítica são, então, precondições para o acesso e escolha de informações pelos usuários. (shrink)

Technologies are significant in research not only as instruments for gathering data and analyzing information; they also provide a valuable resource for the development of theory—in terms of what has been called the “tools to theory heuristic.” Focusing on the specific example of the fields of educational psychology and instructional technology and design, this paper begins by describing how the workings of the “tools to theory heuristic” are evident in the metaphors and descriptions of behaviorism, cognitivism, and constructivism. In each (...) of these psychological paradigms, the mind is understood in terms of a contemporaneous technological innovation: as rudimentary circuitry, as computerized data processing, and finally, in terms of information representation and visualization. The paper then argues that in applied disciplines like educational technology and human–computer interaction, technology plays two important but conflicting roles. It first operates heuristically to explain complex mental phenomena; it is then designed and developed explicitly as a tool for facilitating and developing these same complex mental processes. This paper concludes by arguing that this dual role represents an ethical dilemma—a kind of epistemological and practical “conflict of interest” in instructional technology and in related fields of systems and interface design. (shrink)

In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ‘the embedding theory’, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link between a certain class of facts and a certain class of legal consequences. Alf Ross’s embedding theory was presented in his (...) famous paper “Tu–Tu”. According to Ross, the sole function of legal concepts is to simplify normative information. Hence, the use of legal concepts may be a matter of convenience, rather than necessity. We criticize this approach mainly by pointing to the existence of so-called second order substantive concepts, which are not reducible to any determined set of conditional sentences (inferential links). In short, second order substantive concepts play the role of general standards, and general standards are used to provide flexibility for a particular legal system. In addition, general standards are ‘value loaded’, since they serve as a frame of reference for judges applying law to particular cases. To understand such general standards as a predefined set of conditionals means to overlook their ‘open’ content, and thus their function. In our opinion, the acceptance of the embedding theory means to misinterpret the function of general standards. We also argue that Giovani Sartor’s idea of defective legal concepts doesn’t help to clarify or defend the embedding theory. (shrink)

We combine linear temporal logic (with both past and future modalities) with a deontic version of justification logic to provide a framework for reasoning about time and epistemic and normative reasons. In addition to temporal modalities, the resulting logic contains two kinds of justification assertions: epistemic justification assertions and deontic justification assertions. The former presents justification for the agent’s knowledge and the latter gives reasons for why a proposition is obligatory. We present two kinds of semantics for the logic: (...) one based on Fitting models and the other based on neighborhood models. The use of neighborhood semantics enables us to define the dual of deontic justification assertions properly, which corresponds to a notion of permission in deontic logic. We then establish the soundness and completeness of an axiom system of the logic with respect to these semantics. Further, we formalize the Protagoras versus Euathlus paradox in this logic and present a precise analysis of the paradox, and also briefly discuss Leibniz’s solution. (shrink)

Contemporary epistemologists are roughly divided into those relying largely on common-sense considerations and focusing on examples and counterexamples for advancing or rejecting various epistemological theses, and those applying a variety of tools and methods from logic, computability theory or probability theory to the theory of knowledge. The two sorts, and the traditions to which they hitherto are taken to belong, have unfortunately proceeded largely in isolation from one another. But on closer examination the approaches have much in common, may be (...) bridged for their mutual benefit and the advancement of epistemology in general. Here are 7 ways of doing it as the invited papers in this special issue of Philosophical Studies demonstrate the fruitful interaction between informal considerations and various formal apparata in order to support, sharpen, undermine, realize, or contribute in some other pertinent way to fundamental epistemological themes. (shrink)

Decision theory, understood as providing a normative account of rationality in action, is often thought to be an adequate formalization of instrumental reasoning. As a model, there is much to be said for it. However, if decision theory is to adequately account for correct instrumental reasoning, then the axiomatic conditions by which it links preference to action must be normative for choice. That is, a choice must be rationally defective unless it proceeds from a preference set that satisfies (...) the axiomatic conditions. -/- The crucial feature of standard decision theory for present purposes is that it conceives rational action as maximizing, as doing the best that one can in terms of satisfying one’s preferences. For maximizing to be possible, the preference set in question must completely order a person’s options. But I have argued elsewhere that that condition is often unmet by actual preference sets, so maximizing is not always available. Given that it is not, satisficing deserves attention, both as the most important alternative to maximizing and for the lessons it can yield with respect to goal-directed action. With those lessons in hand, standard maximizing decision theory is reconsidered, with the aim of showing that it does not adequately represent the normative distinction between means and ends. (shrink)

The social world is saturated with powerful formations of knowledge that colonise individual and institutional identities. Some knowledge emerges as legitimised and authoritative; other knowledge is resisted or repressed. Psychosocial approaches highlight the unstable basis of knowledge, learning and research; of knowing and not knowing. How do we come to formulate knowledge in the ways that we do? Are there other possible ways of knowing that are too difficult or unsettling for us to begin to explore? Do we need the (...) authority of legitimised institutions and regularized methods to build secure knowledge? What might it mean to build _in_secure edifices of knowledge? How might we trouble notions of knowledge in processes of teaching, learning and research? This collection addresses these questions, drawing on a range of psychoanalytic and social theory, from Bion, Freud and Lacan, to Derrida, Kristeva and Zizek. Showcasing work from North America, Europe and Japan, contributors explore writing as a practice that can stabilise _or_ unsettle subjectivities; the unconscious relations between school practices, subjectivities, educational spaces and ideologies; implications of the productive energies and the deadening inwardness associated with mourning and melancholia for formal and informal learning; and the authority we invest in apparently rigid or ephemeral institutional spaces. Strongly empirical as well as theoretical in approach, this collection will be of interest to students and academics seeking ways to resist normative orders of legitimacy and coherence in education and research. This book was originally published as a special issue of _Pedagogy, Culture & Society. _. (shrink)

Reflecting upon the lies that are tied to rebukes is a fundamental step in the analysis of interactions between health-care professionals and their clients. Our research focuses on questions that incite people to lie, namely, those for which a lying response avoids a rebuke or a judgment based on some type of behaviour. Our objectives are: 1) to characterize the `question/response' exchange that is interpreted as a `potential rebuke/ lie' exchange, and the questions that may induce lying; 2) to identify (...) the strategies that health-care professionals implement in order to obtain the information they seek when questioning their clients; and 3) to identify themes that refer to behavioural norms that clients might be inclined to lie about. The results are based on the assumption that there are ties between behaviour and speech acts, in this case between the transgression of behavioural norms and lying. (shrink)

This article deals with legal corporate behavior and corporate structures. It discusses the activity within and between business units. It explains studies on corporate behavior in a threefold order—the first order deals with the gap between formal legal contracts and informal corporate covenants; the second order deals with norms that govern alternative contractual norms; and the third order exclusively deals with the economic aspects of the study. The legal-economic approach tries to identify the gap (...) between actual behavior and ideal behavior. This article demonstrates that investors are claimed to be non-interventionist and only the investor's direct involvement necessitates direct monitoring. It examines new arenas of contract practice such as Internet shopping and e-commerce more generally. (shrink)

This article provides a comprehensive conceptual analysis of information. It begins with a folk notion that information is a tripartite phenomenon: information is something carried by signals about something for some use. This suggests that information has three main aspects: structural, referential, and normative. I analyze the individually necessary and jointly sufficient conditions for defining these aspects of information and consider formal theories relating to each aspect as well. The analysis reveals that structural, referential, and normative aspects (...) of information are hierarchically nested and that the normative depends on the referential, which in turn depends on the structural. (shrink)

2020 is the year of the first pandemic lived through the Internet. More than half of the world population is now online and because of self-isolation, our moral and social lives unfold almost exclusively online. Two pressing questions arise in this context: how much can we rely on the Internet, as a set of technologies, and how much should we trust online platforms and applications? In order to answer these two questions, I develop an argument based on two fundamental (...) assumptions: the development stage of today’s Internet is a contingent and not a necessary one and technologies are never neutral. My argument is that today’s pandemic produced an acceleration of the change which started almost 30 years ago, one of online migration, datafication and algorithmization of day to day life, a change in which digital technologies take on the classic role of institutions, both formal and informal. My thesis is a descriptive one, although it has some normative implications: this take over is not just a translation, but a modification or mutation which demands a creative collective answer, although users don’t have direct power over it. When they play the role of institutions, these technologies are surrogates or simulacra. I offer the paradigmatic case of online education, an experiment we were forced into because of the pandemic, in order to show that the institutional matrix of education cannot be reproduced online, due to the limitations of the medium and of the applications, especially those concerning physical presence. In the end I will critically address the question of the role played by Artificial Intelligence in the pandemic, and then I will show that the open source ethics was more useful in approaching scientifically and technologically the problems generated by the epidemic. (shrink)

This paper presents a formalization of informal logic using the Carneades Argumentation System, a formal, computational model of argument that consists of a formal model of argument graphs and audiences. Conflicts between pro and con arguments are resolved using proof standards, such as preponderance of the evidence. CAS also formalizes argumentation schemes. Schemes can be used to check whether a given argument instantiates the types of argument deemed normatively appropriate for the type of dialogue.

An attempt is made in this paper to analyze the purely formal nature of information-theoretic concepts. The suggestion follows that such concepts, used to supplement the logical and mathematical structure of the language of science, represent an addition to this language of such a sort as to allow the use of a unitary language for the description of phenomena. (The alternative to this approach must be certain multi-linguistic and mutually untranslatable descriptions of related phenomena, as with the various versions (...) of Complementarity). This conception is tested for the specific case of Heisenberg's Uncertainty Principle, in order to show that, with the assumption of a suitable and intuitively satisfactory definition of the quantity of information contained in a measurement, the Heisenberg Principle becomes an informational restriction arising from the formal properties of the symbols of a given language rather than as a "law" of nature. (shrink)