Ratio Juris, Volume 35, Issue 1, Page 38-54, March 2022.

According to a well-established interpretive line, the Benthamic judge would be allowed no room for autonomous calculations of utility and his or her task would only be that of mechanically applying substantive law, which expresses the legislator's will. For Gerald Postema, in contrast, Bentham's judge would be granted ample power to decide cases by directly applying the principle of utility. This article criticizes both views, by showing that a adjudication was for Bentham utterly impossible, although this does not mean that (...) judges should be free to decide according to direct utility calculations. Judges must be the tutors of the citizens’ expectations, which, under a system of statute law, will focus on the code. However, they can avoid suboptimality in cases where applying a general rule would not maximize utility, without preponderant damage for law-induced expectations: Bentham's suggestion is that they do so by proposing amendments of the code to the legislature. (shrink)

Following the XVIII century Declarations, rights have progressively occupied the whole space of legal, political and moral debate; with the UN’s Declaration of Human Rights, the language of rights has been established as a universal ground for expressing human needs and claims, despite allegations of Western ethnocentrism. Rights are an indispensable tool for expressing the value of human dignity, because they allow right-holders to claim certain actions as due to them: they endow the individuals with a moral authority, the absence (...) of which would dramatically impoverish moral discourse. However, 1) the abuse and uncontrolled proliferation of rights talk threatens such language with inflation. Moreover, 2) not all plausible moral concerns can be expressed in terms of rights, since rights presuppose an individualist anthropology and are particularly well-suited to situations in which individuals can be seen as both independent and equal: in situations where individuals depend on others and have little or no power of negotiation, values like respect and dignity cannot be adequately expressed by rights language. Finally, 3) if we reduce all moral discourse to rights talk, we are unable to ascribe the due importance to values like autonomy, which presuppose collective goods. A reasonable use of rights language would avoid such shortcomings, although this seems to conflict with the basic tenets of some so-called “right-based” ethical theories. (shrink)

Central to the legal positivism of the nineteenth and the first half of the twentieth century was the dogma of the Ideal Legislator. Legal materials were to be interpreted as the work of an omniscient, coherent, consistent legislator. We argue that this dogma persists in the different guise of the competent speaker model, on which legal materials are the work of a competent speaker, who follows all the pertinent semantic and pragmatic rules. We will first lay out the Ideal Legislator (...) dogma as applied in legal interpretation, arguing that this dogma does not limit interpretive discretion but rather amplifies it by hiding it under the veil of an inexistent, purely instrumental rationality. We will then turn to the competent speaker model, showing that, despite its apparent neutrality, it proves to be a reincarnation of the Ideal Legislator dogma, for it, too, amplifies interpretive discretion, only it hides it under the veil of an inexistent, purely linguistic rationality. Finally, we will inquire into the different types of rationality and their relations, arguing that there is always a choice and value judgment involved in ascribing rationality to legislators, and that these choices and judgments need to be carefully inspected and normatively justified. (shrink)

“Nudging” is commonly seen as an appealing form of “Smart legislation” based on the findings of Behavioural sciences and alternative to traditional forms of regulation. However, notwithstanding the ever increasing references and a growing body of literature on its acceptability, a proper definition of the concept seems still lacking, since all the attempts to date have only provided over- or under-inclusive definitions. This chapter purports to offer a more plausible definition. Firstly, the received view and especially Thaler’s and Sunstein’s descriptions (...) of nudging will be examined and subjected to a first critical assessment. Secondly, a few examples will be made of policies enacted all around the world which are usually referred to as cases of nudging. Thirdly, some of the elements which have often been associated to nudging as its definitional features will be tested against the set of examples: such test will show that most of those elements must be done away with. Lastly, a “minimal” definition will be offered. While allowing us to distinguish nudging from other forms of conduct-influencing interventions, the minimal definition will exclude many features as its necessary conditions: among others, those related to specific ends and political ideologies. (shrink)

Research suggests that moral evaluations change during adulthood. Older adults (75+) tend to judge accidentally harmful acts more severely than younger adults do, and this age‐related difference is in part due to the greater negligence older adults attribute to the accidental harmdoers. Across two studies (N = 254), we find support for this claim and report the novel discovery that older adults’ increased attribution of negligence, in turn, is associated with a higher perceived likelihood that the accident would occur. We (...) propose that, because older adults perceive accidents as more likely than younger adults do, they condemn the agents and their actions more and even infer that the agents’ omission to exercise due care is intentional. These findings refine our understanding of the cognitive processes underpinning moral judgment in older adulthood and highlight the role of subjective probability judgments in negligence attribution. (shrink)

The strict-tolerant approach to paradox promises to erect theories of naïve truth and tolerant vagueness on the firm bedrock of classical logic. We assess the extent to which this claim is founded. Building on some results by Girard we show that the usual proof-theoretic formulation of propositional ST in terms of the classical sequent calculus without primitive Cut is incomplete with respect to ST-valid metainferences, and exhibit a complete calculus for the same class of metainferences. We also argue that the (...) latter calculus, far from coinciding with classical logic, is a close kin of Priest’s LP. (shrink)

Temporal ontology is the philosophical debate on the existence of the past and the future. It features a three-way confrontation between supporters of presentism (the present exists, the past and the future do not), pastism (the past and the present exist, the future does not), and eternalism (the past, the present, and the future all exist). Most philosophers engaged in this debate believe that presentism is much more in agreement with common sense than the rival views; moreover, most of them (...) believe that being in agreement with common sense is epistemically valuable for a philosophical view. We studied experimentally non-experts’ ideas pertaining to the domain of temporal ontology, i.e., as we called it, common-sense temporal ontology, focusing on the Italian population. We found that a non-overwhelming majority of participants (~64%) favoured presentism, while two significant minorities favoured pastism (~19%) and eternalism (~17%). We think that our findings provide some support, albeit weaker than expected, for the view that presentism is more in agreement with common sense than the rival positions. (shrink)

This book is both an introduction to and a research work on Meinongianism. “Meinongianism” is taken here, in accordance with the common philosophical jargon, as a general label for a set of theories of existence – probably the most basic notion of ontology. As an introduction, the book provides the first comprehensive survey and guide to Meinongianism and non-standard theories of existence in all their main forms. As a research work, the book exposes and develops the most up-to-date Meinongian theory (...) (called modal Meinongianism), applies it to specific fields, and discusses its open problems. Part I of the book provides a historical introduction to, and critical discussion of, the dominant philosophical view of existence: the “Kantian-Fregean-Quinean” perspective. Part II is the full-fledged introduction to the Meinongian theories of existence as a real property of individuals: after starting with the so-called naïve Meinongian conception and its problems, it provides a self-contained presentation of the main neo-Meinongian proposals, and a detailed discussion of their strengths and weaknesses. Part III develops a specific neo-Meinongian theory of existence employing a model-theoretic semantic framework. It discusses its application to the ontology and semantics of fictional objects, and its open problems. The methodology of the book follows the most recent trends in analytic ontology. In particular, the meta-ontological point of view is largely privileged. (shrink)

A dialetheia is a sentence, A, such that both it and its negation, ¬A, are true (we shall talk of sentences throughout this entry; but one could run the definition in terms of propositions, statements, or whatever one takes as her favourite truth-bearer: this would make little difference in the context). Assuming the fairly uncontroversial view that falsity just is the truth of negation, it can equally be claimed that a dialetheia is a sentence which is both true and false.

We outline a neo-Meinongian framework labeled as Modal Meinongian Metaphysics (MMM) to account for the ontology and semantics of fictional discourse. Several competing accounts of fictional objects are originated by the fact that our talking of them mirrors incoherent intuitions: mainstream theories of fiction privilege some such intuitions, but are forced to account for others via complicated paraphrases of the relevant sentences. An ideal theory should resort to as few paraphrases as possible. In Sect. 1, we make this explicit via (...) two methodological principles, called the Minimal Revision and the Acceptability Constraint. In Sect. 2, we introduce the standard distinction between internal and external fictional discourse. In Sects. 3–5, we discuss the approaches of (traditional) Meinongianism, Fictionalism, and Realism—and their main troubles. In Sect. 6 we propose our MMM approach. This is based upon (1) a modal semantics including impossible worlds (Subsect. 6.1); (2) a qualified Comprehension Principle for objects (Subsect. 6.2); (3) a notion of existence-entailment for properties (Subsect. 6.3). In Sect. 7 we present a formal semantics for MMM based upon a representation operator. And in Sect. 8 we have a look at how MMM solves the problems of the three aforementioned theories. (shrink)

There is a view on consciousness that has strong intuitive appeal and empirical support: the intermediate-level theory of consciousness, proposed mainly by Ray Jackendoff and by Jesse Prinz. This theory identifies a specific “intermediate” level of representation as the basis of human phenomenal consciousness, which sits between high-level non-perspectival thought processes and low-level disjointed feature-detection processes in the perceptual and cognitive processing hierarchy. In this article, we show that the claim that consciousness arises at an intermediate-level is true of some (...) cognitive systems, but only in virtue of specific constraints on their active interactions with the environment. We provide ecological reasons for why certain processing levels in a cognitive hierarchy are privileged with respect to consciousness. We do this from the perspective of a prediction-error minimization model of perception and cognition, relying especially on the notion of active inference: the privileged level for consciousness depends on the specific dispositions of an organism concerned with inferring its policies for action. Such a level is indeed intermediate for humans, but this depends on the spatiotemporal resolution of the typical actions that a human organism can normally perform. Thus, intermediateness is not an essential feature of consciousness. In organisms with different action dispositions the privileged level or levels may differ as well. (shrink)

Is there a notion of contradiction—let us call it, for dramatic effect, “absolute”—making all contradictions, so understood, unacceptable also for dialetheists? It is argued in this paper that there is, and that spelling it out brings some theoretical benefits. First it gives us a foothold on undisputed ground in the methodologically difficult debate on dialetheism. Second, we can use it to express, without begging questions, the disagreement between dialetheists and their rivals on the nature of truth. Third, dialetheism has an (...) operator allowing it, against the opinion of many critics, to rule things out and manifest disagreement: for unlike other proposed exclusion-expressing-devices (for instance, the entailment of triviality), the operator used to formulate the notion of absolute contradiction appears to be immune both from crippling expressive limitations and from revenge paradoxes—pending a rigorous nontriviality proof for a formal dialetheic theory including it. (shrink)

Philosophical dialetheism, whose main exponent is Graham Priest, claims that some contradictions hold, are true, and it is rational to accept and assert them. Such a position is naturally portrayed as a challenge to the Law of Non-Contradiction (LNC). But all the classic formulations of the LNC are, in a sense, not questioned by a typical dialetheist, since she is (cheerfully) required to accept them by her own theory. The goal of this paper is to develop a formulation of the (...) Law which appears to be unquestionable, in the sense that the Priestian dialetheist is committed to accept it without also accepting something inconsistent with it, on pain of trivialism—that is to say, on pain of lapsing into the position according to which everything is the case. This will be achieved via (a) a discussion of Priest's dialetheic treatment of the notions of rejection and denial; and (b) the characterization of a negation via the primitive intuition of content exclusion. Such a result will not constitute a cheap victory for the friends of consistency. We may just learn that different things have been historically conflated under the label of 'Law of Non-Contradiction'; that dialetheists rightly attack some formulations of the Law, and orthodox logicians and philosophers have been mistaken in assimilating them to the indisputable one. (shrink)

A logic is called 'paraconsistent' if it rejects the rule called 'ex contradictione quodlibet', according to which any conclusion follows from inconsistent premises. While logicians have proposed many technically developed paraconsistent logical systems and contemporary philosophers like Graham Priest have advanced the view that some contradictions can be true, and advocated a paraconsistent logic to deal with them, until recent times these systems have been little understood by philosophers. This book presents a comprehensive overview on paraconsistent logical systems to change (...) this situation. The book includes almost every major author currently working in the field. The papers are on the cutting edge of the literature some of which discuss current debates and others present important new ideas. The editors have avoided papers about technical details of paraconsistent logic, but instead concentrated upon works that discuss more 'big picture' ideas. Different treatments of paradoxes takes centre stage in many of the papers, but also there are several papers on how to interpret paraconistent logic and some on how it can be applied to philosophy of mathematics, the philosophy of language, and metaphysics. (shrink)

We propose a bridge-builder perspective on social ontology. Our point of departure is that an important task of philosophy is to provide the bigger picture. To this end, it should investigate folk views and determine whether and how they can be preserved once scrutinized from the perspective of the sciences. However, the sciences typically present us with a fragmented picture of reality. Thus, an important intermediate step is to integrate the most promising social scientific theories with one another. In addition (...) to this, social ontology can provide input to and benefit from other philosophical disciplines that engage in normative theorizing. Thus, we propose that social ontology connects not only with folk ontology and scientific ontology but also with fields such as ethics and political philosophy. Building bridges between them serves to formulate a credible and encompassing worldview that is of theoretical and practical significance. (shrink)

Cellular automata (henceforth: CA) are discrete, abstract computational systems that have proved useful both as general models of complexity and as more specific representations of non-linear dynamics in a variety of scientific fields. Firstly, CA are (typically) spatially and temporally discrete: they are composed of a finite or denumerable set of homogeneous, simple units, the atoms or cells. At each time unit, the cells instantiate one of a finite set of states. They evolve in parallel at discrete time steps, following (...) state update functions or dynamical transition rules: the update of a cell state obtains by taking into account the states of cells in its local neighborhood (there are, therefore, no actions at a distance). Secondly, CA are abstract, as they can be specified in purely mathematical terms and implemented in physical structures. Thirdly, CA are computational systems: they can compute functions and solve algorithmic problems. Despite functioning in a different way from traditional, Turing machine-like devices, CA with suitable rules can emulate a universal Turing machine, and therefore compute, given Turing's Thesis, anything computable.... (shrink)

Drawing on different suggestions from the literature, we outline a unified metaphysical framework, labeled as Modal Meinongian Metaphysics (MMM), combining Meinongian themes with a non-standard modal ontology. The MMM approach is based on (1) a comprehension principle (CP) for objects in unrestricted, but qualified form, and (2) the employment of an ontology of impossible worlds, besides possible ones. In §§1–2, we introduce the classical Meinongian metaphysics and consider two famous Russellian criticisms, namely (a) the charge of inconsistency and (b) the (...) claim that naïve Meinongianism allows one to prove that anything exists. In §3, we have impossible worlds enter the stage and provide independent justification for their use. In §4, we introduce our revised comprehension principle: our CP has no restriction on the (sets of) properties that can characterize objects, but parameterizes them to worlds, therefore having modality explicitly built into it. In §5, we propose an application of the MMM apparatus to fictional objects and defend the naturalness of our treatment against alternative approaches. Finally, in §6, we consider David Lewis’ notorious objection to impossibilia, and provide a reply to it by resorting to an ersatz account of worlds. (shrink)

In this paper, we explore a new perspective on digital humanism, emphasizing the centrality of multi-stakeholder dialogues and a bottom-up approach to surfacing stakeholder values. This approach starkly contrasts with existing frameworks, such as the Vienna Manifesto's top-down digital humanism, which hinges on pre-established first principles. Our approach provides a more flexible, inclusive framework that captures a broader spectrum of ethical considerations, particularly those pertinent to the digital realm. We apply our model to two case studies, comparing the insights generated (...) with those derived from a utilitarian perspective and the Vienna Manifesto's approach. The findings underscore the enhanced effectiveness of our approach in revealing additional, often overlooked stakeholder values, not typically encapsulated by traditional top-down methodologies. Furthermore, this paper positions our digital humanism approach as a powerful tool for framing ethics-by-design, by promoting a narrative that empowers and centralizes stakeholders. As a result, it paves the way for more nuanced, comprehensive ethical considerations in the design and implementation of digital technologies, thereby enriching the existing literature on digital ethics and setting a promising agenda for future research. (shrink)

We will give here a purely algebraic proof of the cut elimination theorem for various sequent systems. Our basic idea is to introduce mathematical structures, called Gentzen structures, for a given sequent system without cut, and then to show the completeness of the sequent system without cut with respect to the class of algebras for the sequent system with cut, by using the quasi-completion of these Gentzen structures. It is shown that the quasi-completion is a generalization of the MacNeille completion. (...) Moreover, the finite model property is obtained for many cases, by modifying our completeness proof. This is an algebraic presentation of the proof of the finite model property discussed by Lafont [12] and Okada-Terui [17]. (shrink)

A complex brain network, centered on the hippocampus, supports episodic memories throughout their lifetimes. Classically, upon memory encoding during active behavior, hippocampal activity is dominated by theta oscillations (6-10Hz). During inactivity, hippocampal neurons burst synchronously, constituting sharp waves, which can propagate to other structures, theoretically supporting memory consolidation. This 'two-stage' model has been updated by new data from high-density electrophysiological recordings in animals that shed light on how information is encoded and exchanged between hippocampus, neocortex and subcortical structures such as (...) the striatum. Cell assemblies (tightly related groups of cells) discharge together and synchronize across brain structures orchestrated by theta, sharp waves and slow oscillations, to encode information. This evolving dynamical schema is key to extending our understanding of memory processes. (shrink)

In this article I investigate what the Stoic doctrine of the two principles, God and matter, owes to Plato. I discuss recent scholarly views to the effect that the Stoics were influenced by Old Academic interpretations of the Timaeus and argue that, although the Timaeus probably did play a role in the genesis of the Stoic doctrine, some role was also played by a dualist theory of flux set forth in the etymologies of the Cratylus. I also discuss Theophrastus’ account (...) of Plato’s achievements in physics (fr. 230 FHS&G) and the report of Old Academic physics contained in Cicero’s Academica, 1. 24–9, and commonly taken to go back to Antiochus of Ascalon, and I show that those reports too are likely to have been influenced by the Cratylus. (shrink)

The Timaeus is the dialogue that was for many centuries the most influential of Plato’s works. Among its readers we find Descartes, Boyle, Kepler and Heisenberg. In the first division of Timaeus Plato deals with the theory of celestial motion, in the second he presents us with the first mathematical theory of the structure of matter. Here, in a gigantic step forward with respect to the preceding Democritean atomistic theory with its unalterable micro-entities, he introduces the intertransformability of elementary corpuscles (...) and with that the first “chemical” reactions in history. Plato’s geometrical interpretation of Empedocles’ elements and his geometrical atomism is described at the molecular, atomic and sub-atomic level. The “chemical” reactions reported in Timaeus are written in the enlightening chemical symbolism, analogies with modern chemistry are noticed throughout. (shrink)

Can rational agents coordinate in simultaneous interactions? According to standard game theory they cannot, even if there is a uniquely best way of doing so. To solve this problem we propose an argument in favor of ‘belief-less reasoning’, a mode of inference that leads to converge on the optimal solution ignoring the beliefs of the other players. We argue that belief-less reasoning is supported by a commonsensical Principle of Relevant Information that every theory of rational decision must satisfy. We show (...) that this principle can be used to justify (some versions of) team reasoning, as well as other schemes of practical reasoning that do not involve sophisticated meta-representation. (shrink)

We generalise the properties $\mathsf {OP}$, $\mathsf {IP}$, k- $\mathsf {TP}$, $\mathsf {TP}_{1}$, k- $\mathsf {TP}_{2}$, $\mathsf {SOP}_{1}$, $\mathsf {SOP}_{2}$, and $\mathsf {SOP}_{3}$ to positive logic, and prove various implications and equivalences between them. We also provide a characterisation of stability in positive logic in analogy with the one in full first-order logic, both on the level of formulas and on the level of theories. For simple theories there are the classically equivalent definitions of not having $\mathsf {TP}$ and dividing (...) having local character, which we prove to be equivalent in positive logic as well. Finally, we show that a thick theory T has $\mathsf {OP}$ iff it has $\mathsf {IP}$ or $\mathsf {SOP}_{1}$ and that T has $\mathsf {TP}$ iff it has $\mathsf {SOP}_{1}$ or $\mathsf {TP}_{2}$, analogous to the well-known results in full first-order logic where $\mathsf {SOP}_{1}$ is replaced by $\mathsf {SOP}$ in the former and by $\mathsf {TP}_{1}$ in the latter. Our proofs of these final two theorems are new and make use of Kim-independence. (shrink)

Why do policymakers and economists within a policymaking institution choose to throw away a model and to develop an alternative one? Why do they choose to stick to an existing model? This article contributes to the literature on the history and philosophy of modelling by answering these questions. It delves into the dynamics of persistence, change, and building practices of macroeconomic modelling, using the case of forecasting models at the Bank of England (1974–2014). Based on archives and interviews, we document (...) the multiple factors at play in model building and model change. We identify three sets of factors: the agency of modellers, institutional factors, and the material factor. Our investigation shows the diversity of explanations behind the decision to change a model: each time, model replacement resulted from a different combination of the three types of factors. (shrink)

This contribution provides a new collection of the textual extant remains (reliquiae) of the Peripatetic philosopher Cratippus of Pergamon (I c. bc), and a full and detailed overview of the biographical and doctrinal features of this thinker.

In De int. 9 Aristotle argues that some declarative sentences are neither true nor false. This raises the problem of how we should understand the words of ch. 4, which introduces the declarative sentence as ‘that in which being true or being false holds’. In this paper I remove the contradiction by arguing that in ch. 4 Aristotle does not intend to claim that *all* declarative sentences are either true or false, but rather that *only* they are either true or (...) false, unlike other kinds of sentence; I defend the soundness of this interpretation on the linguistic and textual level; and I show how we can make good philosophical sense of it. (shrink)

Discourse is central in promoting – or hindering – social change. This paper discusses the ethical-political dilemmas that academics face in developing progressive discourses on social welfare in the hegemonic crisis of neoliberalism. A central dilemma concerns the (implicit or explicit) target of their discourse. Speaking to elites reproduces dominant values and interests, reinforcing central elements of neoliberalism such as economisation and de-politicisation. Moreover, this approach remains technocratic (i.e. academics act as experts), thereby failing to address citizens’ distrust towards ‘scientific (...) evidence’ that characterises the hegemonic crisis of neoliberalism. A possible alternative is to work together with civil society and marginalised groups for promoting an oppositional discourse. In this way scholars may contribute to the democratisation of the public sphere but may fail to influence the content of policies, remaining trapped in marginal political positions. The paper illustrates this tension focusing on ‘social investment’. This discourse – which is today the most important framework for welfare reform among academics – emphasises the economic benefits of social policy for promoting alternatives to welfare retrenchment. Building on a research project aimed at re-thinking social investment from Sen's capability perspective, the paper discusses the conditions for developing a post-neoliberal discourse on social welfare. (shrink)

Meta-ontology (in van Inwagen's sense) concerns the methodology of ontology, and a controversial meta-ontological issue is to what extent ontology can rely on linguistic analysis while establishing the furniture of the world. This paper discusses an argument advanced by some ontologists (I call them unifiers) against supporters of or coincident entities (I call them multipliers) and its meta-ontological import. Multipliers resort to Leibniz's Law to establish that spatiotemporally coincident entities a and b are distinct, by pointing at a predicate F (...) () made true by a and false by b . Unifiers try to put multipliers in front of a dilemma: in attempting to introduce metaphysical differences on the basis of semantic distinctions, multipliers either (a) rest on a fallacy of verbalism, entailed by a trade-off between a de dicto and a de re reading of modal claims, or (b) beg the question against unifiers by having to assume the distinction between a and b beforehand. I shall rise a tu quoque, showing that unifiers couldn't even distinguish material objects (or events) from the spatiotemporal regions they occupy unless they also resorted to linguistic distinctions. Their methodological aim to emancipate themselves from linguistic analysis in ontological businesses is therefore problematic. (shrink)