Ronald Dworkin’s Freedom’s Law offers a solution to a thorny problem in American constitutional law. He argues that the authority of the American Supreme Court to make the final determination on constitutional questions is consistent with democratic principles. In this paper, I try to show that his solution is unsatisfactory because it permits the possibility of a judicial usurpation of authority that is inconsistent with his characterization of democratic principles. Freedom’s Law is also a bold attempt to offer prescriptions for (...) constitutional democracies generally. By drawing a distinction between two concepts of authority, I object to this effort. I argue that Dworkin’s analysis assumes the operation of a conception of authority that I label the pyramid model. I also introduce a bipolar model of authority and try to show its application to the Canadian constitutional scheme. On this basis, I conclude that his prescriptions are relevant only for a portion of the spectrum of constitutional democracies. (shrink)

Ontologies formally represent reality in a way that limits ambiguity and facilitates automated reasoning and data fusion, but is often daunting to the non-technical user. Thus, many researchers have endeavored to hide the formal syntax and semantics of ontologies behind the constructs of Controlled Natural Languages (CNLs), which retain the formal properties of ontologies while simultaneously presenting that information in a comprehensible natural language format. In this paper, we build upon previous work in this field by evaluating prospects of implementing (...) International Technology Alliance Controlled English (ITACE) as a middleware for ontology editing. We also discuss at length a prototype of a natural language conversational interface application designed to facilitate ontology editing via the formulation of CNL constructs. (shrink)

Despite student interest and engagement in Platonic dialogues, by the time introductory courses reach serious discussion of Plato’s relationship to Socrates, students are so befuddled by the notion of Socrates’ character espousing a “Platonic” position that they become disheartened and lose interest in the study of Plato. This paper focuses on how the persona of Cephalus affords a special opportunity to address the relationship between Plato and Socrates in the classroom and to thereby reduce student confusion. Drawing on Plato’s Meno (...) and the Republic, the author argues that Cephalus represents a Socratic position on virtue and justice. Tracking how arguments surrounding virtue and justice develop through these two dialogues, the author concludes that the figure of Cephalus allows Plato to pay homage to Socrates while also signaling his philosophical departure from his teacher. Lending concreteness to the relationship between Plato and Socrates, this way of interpreting Cephalus opens students up at a general level to the richness of Plato’s philosophy. (shrink)

Disputes over territory are a major contributing factor to the disruption of international relations. We believe that a cumulative, integrated, and continuously updated resource providing information about such disputes in an easily accessible form would be of benefit to intelligence analysts, military strategists, political scientists, and also to historians and others concerned with international disputes. We propose an ontology-based strategy for creating such a resource. The resource will contain information about territorial disputes, arguments for and against claims pertaining to sovereignty, (...) proffered evidence for such claims, political and military motives (overt or hidden), and associated conflicts. Our approach is designed to address several issues surrounding the representation of geopolitical conflict, including the tracking and individuation of disputes and the validation of disseminated information. (shrink)

Although the last decade has seen a proliferation of ontological approaches to arguments, many of them employ ad hoc solutions to representing arguments, lack interoperability with other ontologies, or cover arguments only as part of a broader approach to evidence. To provide a better ontological representation of arguments, we present the Arguments Ontology (ArgO), a small ontology for arguments that is designed to be imported and easily extended by researchers who work in different upper-level ontology frameworks, different logics, and different (...) approaches to argument evaluation. Unlike most ontological approaches to arguments, ArgO utilizes Basic Formal Ontology (BFO) as an upper-level ontology, and may be used alongside other commonly used ontologies in the BFO framework, including boththe Information Artifact Ontology (IAO), and the Information Entity Ontology (INFO). Critically, our proposal is principled, based on rigorous definitions and formal axioms out of which characterizations of arguments naturally fall. It is our hope that ArgO may assist researchers in many projects, including: integrating heterogeneous sources of evidence, structuring the content of semantic wikis, and enhancing semantic reasoning. (shrink)

Brian Leftow offers a theist theory of necessity and possibility, and a new sort of argument for God's existence. He argues that necessities of logic and mathematics are determined by God's nature, but that it is events in God's mind - his imagination and choice - that account for necessary truths about concrete creatures.

​The motivation for this volume is simple. For a variety of reasons, clinical psychologists have long shown considerable interest in the philosophy of science. When logical positivism gained currency in the 1930s, psychologists were among the most avid readers of what these philosophers had to say about science. Part of the critique of Skinner’s radical behaviorism and thus behavior therapy was that it relied on, and thus was logically dependent on, the truth of logical positivism—a claim decisively refuted both historically (...) and logically by L.D. Smith (1986) in his important Behaviorism and Logical Positivism: A Reassessment of the Alliance. ​. (shrink)

This book will interest typological and historical linguists at graduate level and above.

The view that phenomenally conscious robots are on the horizon often rests on a certain philosophical view about consciousness, one we call “nomological behaviorism.” The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious; indeed it would have all and only the states of phenomenal consciousness that the phenomenally conscious being in question has. We experimentally (...) investigate whether the folk think that certain (hypothetical) robots made of silicon and steel would have the same conscious states as certain familiar biological beings with the same patterns of dispositions to peripheral behavior as the robots. Our findings provide evidence that the folk largely reject the view that silicon-based robots would have the sensations that they, the folk, attribute to the biological beings in question. (shrink)

The popularity of direct-to-consumer genetic ancestry services has exploded over the past five years, with as many as 250 direct-to-consumer genetic ancestry testing companies currently operating and estimates that 1 in 5 Americans are customers of one or more of those companies. Marketing of genetic ancestry testing has consistently linked the results of DNA testing to a consumer’s racial and ethnic identity, and, because of that, can help consumers find out “who they really are.” We argue that the “biologization” of (...) race and ethnicity promoted in such marketing violates norms of marketing ethics. In particular, we show that this marketing technique violates a number of the core commitments and values of the American Marketing Association Statement of Ethics. (shrink)

This book uses computer modeling to investigate trends in what is published in leading philosophy journals over the last century and a half. The notable trends include the rise of realism from a fringe view to the mainstream metaphysical outlook, the increase in specialization, and the increasing depth of integration between philosophy and physical sciences. It also contains a guide to how to do similar investigations, and discussions of the strengths and weaknesses of the approach.

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

This book examines John Locke as a theorist of migration, immigration, and the movement of peoples. It outlines the contours of the public discourse surrounding migration in the seventeenth century and situates Locke's in-depth involvement in these debates. The volume presents a variety of undercurrents in Locke's writing - his ideas on populationism, naturalization, colonization and the right to withdrawal, the plight of refugees, and territorial rights - which have great import in present-day debates about migration. Departing from the popular (...) extant literature that sees Locke advocating for a strong right to exclude foreigners, the author proposes a Lockean theory of immigration that recognizes the fundamental right to emigrate, thus, catering to an age wrought with terrorism, xenophobia and economic inequality. A unique and compelling contribution, the volume will be of great interest to scholars and researchers of political theory, political philosophy, history of international politics, international relations, international political economy, public policy, seventeenth century English history, migration and citizenship studies, and moral philosophy. (shrink)

Our aim here is to lay the groundwork for formal tree-ring analysis combining data from dendrochronology with formal techniques from semantics. We will present the basic syntax of, and basic compositional semantics of tree-ring structures.

This chapter explores a way in which visual processing may involve innate constraints and attempts to show how such processing overcomes one enduring challenge to nativism. In particular, many challenges to nativist theories in other areas of cognitive psychology have focused on the later development of such abilities, and have argued that such development is in conflict with innate origins. Innateness, in these contexts, is seen as antidevelopmental, associated instead with static processes and principles. In contrast, certain perceptual models demonstrate (...) how the very same mental processes can both be innately specified and yet develop richly in response to experience with the environment. This process is entirely unmysterious, as shown in certain formal theories of visual perception, including those that appeal to spontaneous endogenous stimulation and those based on Bayesian inference. (shrink)

Pt. I. Zeno and the metaphysics of quantity. Zeno's paradox of measure -- Tractarian nominalism -- Logical atoms and combinatorial possibility -- Strict coherence, sigma coherence, and the metaphysics of quantity -- pt. II. Coherent degrees of belief. Higher-order degrees of belief -- A mistake in dynamic coherence arguments? -- Dynamic coherence and probability kinematics -- Updating, supposing, and MAXENT -- The structure of radical probabilism -- Diachronic coherence and radical probabilism -- pt. III. Induction. Carnapian inductive logic for Markov (...) chains -- Carnapian inductive logic and Bayesian statistics -- Bayesian projectability. (shrink)

The Senate filibuster is among the most criticized political institutions in the United States. This paper examines the ethics of filibustering. The way filibustering currently proceeds in the Senate, I argue, is morally indefensible. Yet, there is a way filibustering could proceed that is both defensible and desirable from a normative perspective. This is because filibustering—if it is properly institutionalized—allows minority parties in the legislature to protect and advance their interests in a manner that avoids shortcomings faced by other institutions (...) proposed to accomplish these goals, such as supermajority rule and judicial review. (shrink)

While there had still been an increasing flow of foreign direct investment (FDI) into China during the 2002 downturn in FDI globally, such investments have historically been only sporadically successful. Much writing has detailed and discussed problems associated with China FDI but several costs remain dangerously overlooked. One such cost is that of micro-monitoring plants for work conditions and employee treatment in violation of local Chinese laws and possible home country ethics. Further, a more personal cost is presented – the (...) personal cost associated with maintaining an investment in a facility that violates standards of ethical employee treatment. Background information related to these issues is presented, along with a general overview of FDI in China. (shrink)

Pareto principles are at the core of ethics and decision theory. The Strong Pareto principle says that if one thing is better than another for someone and at least as good for everyone else, then the one is overall better than the other. But a host of famous figures express it differently, with ‘not worse’ in place of ‘at least as good.’ In the presence of parity (or incommensurability), this results in a strictly stronger Pareto principle, which I call Super‐Strong (...) Pareto. Super‐Strong Pareto, however, yields cyclic betterness and is therefore false. I point out a number of influential arguments—concerning population ethics, collective action problems, and decision‐making in the face of parity and uncertainty—that crucially rely on Super‐Strong Pareto and are therefore unsound. I then turn to the most influential argument against the possibility of parity—Broome's collapsing argument—and argue that it likewise relies on Super‐Strong Pareto reasoning and is therefore question‐begging. Finally, I turn to the much‐neglected question of how to justify Strong Pareto. The answer I arrive at, which emphasizes tie‐breaking, yields a striking insight, namely that Super‐Strong Pareto amounts to the denial of insensitivity to mild sweetening. That is what makes it problematic in the presence of parity. (shrink)

Social values and beliefs systems are playing an increasingly influential role in shaping the attitudes and behavior of individuals and organizations towards the employment relationship. Many individuals seek a broader meaning in their work that will let them feel that they are contributing to the broader community. For many organizations, a willingness to behave ethically and assume responsibility for social and environmental consequences of their activities has become essential to maintaining their 'license to operate.' The appearance of these trends in (...) individual and organizational behavior towards outcomes that are more explicitly congruent with ethical and social values has significant implications for understanding the psychological contracts being created today. In this paper, we examine issues associated with the psychological contract and ethical standards of behavior, focusing on both the individual and organizational levels. (shrink)

Beginning in 1953 the American Psychological Association (APA) has advanced twelve iterations of a professional ethical code. In recent years the adequacy of the Ethics Code as well as APA’s ethics enforcement has come under increased scrutiny. In 2015 the APA empaneled an Ethics Commission which made a series of recommendations; however, the Commission itself as well as its recommendations are also controversial. This paper presents criticisms of the Ethics Code that have generally not been discussed in the previous literature.

The essay offers a philosophical reconstruction of Nietzsche’s theory of the will, focusing on (1) Nietzsche’s account of the phenomenology of “willing” an action, the experience we have which leads us (causally) to conceive of ourselves as exercising our will; (2) Nietzsche’s arguments that the experiences picked out by the phenomenology are not causally connected to the resulting action (at least not in a way sufficient to underwrite ascriptions of moral responsibility); and (3) Nietzsche’s account of the actual causal genesis (...) of action. Particular attention is given to passages from Daybreak, Beyond Good and Evil and Twilight of the Idols and a revised version of my earlier account of Nietzsche’s epiphenomenalism is defended. Finally, recent work in empirical psychology (Libet, Wegner) is shown to support Nietzsche’s skepticism that our “feeling” of will is a reliable guide to the causation of action. (shrink)

General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry. The paper serves as a kind of precis of the main themes in my book NATURALIZING JURISPRUDENCE: ESSAYS ON AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY (Oxford University Press, (...) 2007). (shrink)

This chapter contains sections titled: Introduction Why the Blues will Always be With Us Why Epictetus Never Sang the Blues Akrasia, or ‘I can't help myself’ Objections (‘This Life Sounds Horrible!’) I Can't Get No Satisfaction, and I Like it, I Like it, Yes I Do In Place of a Conclusion.

This edited collection responds to Richard Kearney's recent work on touch, excarnation, and embodiment, as well as his broader work in carnal hermeneutics, which sets the stage for his return to and retrieval of the senses of the lived body. Here, fourteen scholars engage the breadth and depth of Kearney's work to illuminate our experience of the body. The essays collected within take up a wide variety of subjects, from nature to non-human animals to our experience of the sacred and (...) the demonic, from art's account of touching to the political implications of various types of embodiment. Followed by an inspired new reflection from Kearney himself, in which he lays out his vision for "anacarnation," this volume is an important statement about the centrality of touch and embodiment in our experience, and a reminder that, despite the excarnating tendencies of contemporary life, the lived body remains a touchstone for wisdom in our increasingly complicated and fragile world. Written for scholars and students interested in touch, embodiment, phenomenology, and hermeneutics, this diverse and challenging collection contributes to a growing field of scholarship that recognises and attempts to correct the excarnating trends in philosophy and in culture at large. (shrink)

This book extends philosophy's engagement with the double beyond hierarchized binary oppositions. Brian Seitz explores the double as a necessary ontological condition or figure that gets represented, enacted, and performed repeatedly and in a myriad of configurations. Seitz suggests that the double in all of its forms is simultaneously philosophy's shadow, its nemesis, and the condition of its possibility. This book expands definitions and investigations of the double beyond the confines of philosophy, suggesting that the concept is at work (...) in many other fields including politics, cultural narratives, literature, mythology, and psychology. Seitz approaches the double by means of a series of case studies and by engaging loosely in eidetic variation, a methodological maneuver borrowed from phenomenology. The book explores the ways in which wide-ranging instances of the double are connected by the dynamics of intersubjectivity. (shrink)

Marx did not have a normative theory, that is, a theory that purported to justify, discursively and systematically, his normative opinions, to show them to be rationally obligatory or objectively valid. In this regard, Marx was obviously not alone: almost everyone, including those who lead what are widely regarded as exemplary ‘moral’ lives, decide and act on the basis of normative intuitions and inclinations that fall far short of a theory. Yet self-proclaimed Marxists like G. A. Cohen and Jurgen Habermas (...) have reintroduced a kind of normative theory into the Marxian tradition that Marx himself would have ridiculed. This essay defends Marx’s position and tries to explain the collapse of Western Marxism into bourgeois practical philosophy, i.e., philosophizing about what ought to be done that is unthreatening to capitalist relations of production. (shrink)

Hearing Double is an extended meditation on the jazz standard that brings together both musical analysis and philosophical analysis to offer a novel theory of musical works. Rather than focus on works of classical music, which has been the main focus of most Anglophone philosophy of music, Hearing Double focuses on "jazz standards" and attempts to theorize what makes them ontologically and historically specific and important. In this theory, standards are understood to emerge from networks of musical performances. Part I (...) describes the ontology of these musical networks by considering two musical processes, "replication" and "nomination," and their interaction. Part II discusses the historical conditions that encouraged standards to emerge. These conditions promoted an auditory culture where new songs were expected to circulate in ever-changing performances and arrangements. By weaving together ontological theory and auditory cultural history, Hearing Double challenges conventional understandings of the jazz repertoire, and opens up a new method for understanding the history, purpose, meaning, and aesthetics of jazz standards. (shrink)

What is the significance of the Protestant Reformation for Christian ethical thinking and action? Can core Protestant commitments and claims still provide for compelling and viable accounts of Christian living. This collection of essays by leading international scholars explores the relevance of the Protestant Reformation and its legacy for contemporary Christian ethics.

[Brian P. McLaughlin] In recent years, some philosophers have claimed that we can know a priori that certain external world skeptical hypotheses are false on the basis of a priori knowledge that we are in certain kinds of mental states, and a priori knowledge that those mental states are individuated by contingent environmental factors. Appealing to a distinction between weak and strong a priority, I argue that weakly a priori arguments of this sort would beg the question of whether (...) the skeptical hypothesis under assessment is true, and that the prospect of a sound strongly a priori argument of this sort seems dim. \\\ [David Owens] Contemporary discussion of scepticism focuses on the possibility that most or all of our beliefs might be false. I argue that the hypothesis of massive falsity and the associated 'problem of the external world' are inessential to the scepticisms of Descartes and Hume. What drives Cartesian and Humean scepticism is the demand for certainty: any possibility of error, however local, must be ruled out before we can claim either justified belief or knowledge. Contemporary philosophers have ignored this form of scepticism because they doubt that the demand for certainty can be motivated. But Descartes provides a sound motivation for this demand in the Meditations. (shrink)

“Philosophical perspectivism” is surely one of Nietzsche's most important insights regarding the limits of human knowledge. However, the perspectivist thesis combined with a minimal realist metaphysical position produces what Brian Leiter calls the 'Received View': an epistemologically incoherent misinterpretation of Nietzsche which pervades the secondary literature. In order to salvage the thesis of perspectivism, Leiter argues that we must commit Nietzsche to an anti-realist metaphysical position. I argue that Leiter's proposed solution is (1) epistemically weak, and (2) inconsistent with (...) much of Nietzsche's views on truth, knowledge and the psychological make-up of human beings. I argue that we need to abandon the scheme/content distinction on which both the Received View and Leiter's anti-realist construal of perspectivism are predicated and instead construe perspectives as environments of power. (shrink)

This book presents 12 original essays on historical and contemporary philosophical discussions of judgment. The central issues explored in this volume can be separated into two groups namely, those concerning the act and object of judgment. What kind of act is judgment? How is it related to a range of other mental acts, states, and dispositions? Where and how does assertive force enter in? Is there a distinct category of negative judgments, or are these simply judgments whose objects are negative? (...) Concerning the object of judgment: How many objects are there of a given judgment? One, as on the dual relation theory of Frege and Moore? Or many as in Russell's later multiple relation theory? If there is a single object, is it a proposition? And if so, is it a force-neutral, abstract entity that might equally figure as the object of a range of intentional attitudes? Or is it somehow constitutively tied to the act itself? These and related questions are approached from a variety of historical and contemporary perspectives. This book sheds new light on current controversies by drawing on the details of the distinct intellectual contexts in which previous philosophers' positions about the nature of judgment were formulated. In turn, new directions in present-day research promise to raise novel interpretive prospects and challenges in the history of philosophy. istorical and contemporary perspectives. This book sheds new light on current controversies by drawing on the details of the distinct intellectual contexts in which previous philosophers' positions about the nature of judgment were formulated. In turn, new directions in present-day research promise to raise novel interpretive prospects and challenges in the history of philosophy. (shrink)