The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained in (...) section 1. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In section 2, I claim that an alternative, and more refined, formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems. (shrink)

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...) society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion. (shrink)

Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...) than legal system b’) and how it can help the development of social scientific inquiries into the coerciveness of our legal systems. (shrink)

The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue (...) that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised. (shrink)

Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...) than legal system b’) and how it can help the development of social scientific inquiries into the coerciveness of our legal systems. (shrink)

Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...) suggests that this account fails. I then propose a new account of sanctioning, whereby an action is a token of sanctioning if, and only if, it is performed in an appropriate context and is apt for punishing wrongdoers. (shrink)

Neste artigo defendo a tese de que o direito de não saber é independente do direito à privacidade. Há duas diferenças fundamentais entre esses dois direitos que os tornam independentes: (1) a direção da informação do direito de não saber é oposta a do direito à privacidade e (2) o âmbito do direito de não saber é maior do que o do direito à privacidade. Pretendo clarificar essas diferenças e fazer algumas qualificações sobre o direito de não saber, tal como (...) os requisitos para o seu exercício e os limites desse direito. Apesar de o foco da análise não ser sobre um direito jurídico de não saber, ela traz implicações relevantes para o tratamento jurídico tanto do direito de não saber, quanto para o direito à privacidade. (shrink)

The idea that legal systems conditionally threaten citizens is taken by most legal and political philosophers as ‘reasonably uncontroversial,’ ‘obvious,’ or as portraying ‘a large part of how law operates.’ This paper clarifies and ultimately rejects this idea: our legal systems, it is argued, rarely address citizens via conditional threats. If correct, the conclusion defended in this paper might force us to re-examine core debates in legal and political philosophy that rely on the assumption that legal systems often threaten citizens: (...) debates about the justification of the state, global justice, and the coerciveness of law. (shrink)

Whether legal systems are necessarily coercive raises normative concerns. Coercion carries a presumption of illegitimacy and a special justificatory burden. If legal systems are necessarily coercive, coerciveness necessarily taints our legal institutions. Traditionally, legal systems have been regarded as contingently coercive. This view is mainly supported by the society of angels thought experiment. For the past few years, however, this traditional view has been under attack. Critics have challenged the reliability of the thought experiment and have urged us to centre (...) the discussion on typical legal systems: legal systems made by humans to address human needs. Once we do so – they claim – we would inevitably reject the traditional view. This paper argues that the critics are wrong. After discussing key features of the society of angels thought experiment and responding to objections, it is argued that even typical legal systems are contingently coercive. Coerciveness is a feature that our legal systems can and should strive to get rid of. (shrink)

Introduction to the Law and Coercion Symposium.

My aim in this essay is to show that some of the arguments usually offered by the feminist movements and conservatists against the pornography are not sound, and so, are not sufficient to hold that pornography is morally wrong.

Technology scholars and journalists have recently called attention to digital platforms’ and devices’ ability to influence users based on their present moods, stress level, hunger, and other transient features. For them, such influence based on users’ present status – what the chapter calls “real-time profiling” – is not only a clear form of wrongful manipulation but also online manipulation’s future. The chapter aims to explain what makes real-time profiling wrong (when wrong) and discusses problems associated with its regulation. After explaining (...) what real-time profiling consists in and showing that it can be presumed to be a form of manipulation, the chapter argues that real-time profiling is wrong both because the profiler psychologically hijacks profiled subjects and because it works as a gateway to further wrongs. Towards the end, the chapter discusses some implications of the proposed account for the legal regulation of online manipulative technologies like real-time profiling. It is argued that existing legal frameworks are not fine-grained enough to deal with the wrongs associated with real-time profiling and related forms of online manipulation. (shrink)

In this paper we extend Heidi Hurd’s “correspondence thesis” to the termination of pregnancy debate and argue that the same reasons that determine the permissibility of abortion also determine the justifiability of acts involving conscientious objection against its performance. Essentially, when abortion is morally justified, acts that prevent or obstruct it are morally unjustified. Therefore, despite conscientious objection being legally permitted in some global south countries, we argue that such permission to conscientiously object would be morally wrong in cases of (...) morally justifiable termination of pregnancy. After presenting and defending our “correspondence argument” we suggest that conscientious objection should be denied as a matter of public health policy in developing counties, even in cases where adequate referral services are possible. Towards the end, we extend our argument to midwives, nurses, and prospective students in the field. Given their essential position in resource‐poor contexts; they too have no claim to conscientious objection. (shrink)

Rather than making another attempt at proposing a single and unifying theory of global health justice, this timely collection brings together, instead, scholars from a range of traditions to frame the issue more broadly, highlighting not only different perspectives but also key topics and debates. -/- The volume features chapters that offer both new theoretical approaches to global health justice, as well as fresh takes on existing frameworks. Others adopt a bottom-up approach to tackle specific problems, including the sexual rights (...) of children and adolescents, artificial intelligence (AI) in medicine, framing of neglected tropical diseases, securitization of health, and trademarks in global health. Brought together within one volume, the breadth of these chapters provides a unique and enlightening contribution to the wider Global Health field. -/- This important volume will be a fascinating read for students and researchers across Global Health, Bioethics, Political Philosophy, and Global Development. (shrink)

In the past few years, health and human rights scholars have stressed upon the need for rebuilding or reforming our health systems to make them both more resilient to health emergencies and less prone to nurturing inequalities. Discussions about health reform often centre on the ends of reform: the kind of health systems that should be built and the demands of justice that they should be able to satisfy once reformed. However, little has been said about the demands of justice (...) in or during health reforms. This chapter intends to start that discussion. Borrowing from the literature on transitional justice, we argue that an analogous problem of transitional justice exists in the context of health. We outline some of the key elements of transitional health justice, including some of its key demands, practices, and corresponding institutional framework. We conclude by highlighting an important relationship between transitional health justice and transitional justice. (shrink)

I review recent work on Phenomenal Conservatism, the position introduced by Michael Huemer according to which if it seems that P to a subject S, in the absence of defeaters S has thereby some degree of justification for believing P.

In this paper we focus on transmission and failure of transmission of warrant. We identify three individually necessary and jointly sufficient conditions for transmission of warrant, and we show that their satisfaction grounds a number of interesting epistemic phenomena that have not been sufficiently appreciated in the literature. We then scrutinise Wright’s analysis of transmission failure and improve on extant readings of it. Nonetheless, we present a Bayesian counterexample that shows that Wright’s analysis is partially incoherent with our analysis of (...) warrant transmission and prima facie defective. We conclude exploring three alternative lines of reply: developing a more satisfactory account of transmission failure, which we outline; dismissing the Bayesian counterexample by rejecting some of its assumptions; reinterpreting Wright’s analysis to make it immune to the counterexample. (shrink)

Translation of Aristotle's Physics I-II into Portuguese, with commentaries. Tradução para o português dos livros I e II da Física de Aristóteles, com comentários.

O presente trabalho pretende estabelecer algumas precisões históricas e conceituas em torno da formação da história arqueológica de Michel Foucault, tendo como foco um livro póstumo e recém lançado, intitulado La Question Anthropologique (2022). Esse livro trata de um curso sobre “antropologia” ministrado por Foucault entre 1952 (ou 1951) e 1955, em Lille e na ENS. As precisões históricas e conceituais tratadas aqui são em torno dos seguintes contextos: primeiramente, analisa-se a escassa literatura de comentário anterior ao lançamento do livro (...) em 2022; depois, parte-se ao horizonte de leituras de Foucault na época, especialmente ocorridos em torno da figura de Nietzsche. Essas leituras ocorrem em diversas frentes, tais como as figuras de Heidegger e Jaspers, a importância da história das ciências, a interlocução com Althusser e Jacques Martin em torno de Marx e a questão da loucura e da psicanálise. -/- The present work aims to establish some historical and conceptual clarifications surrounding the formation of Michel Foucault’s archaeological history, considering a recently published posthumous book entitled La Question Anthropologique (2022). This book thematizes a course on “anthropology” given by Foucault between 1952 (or 1951) and 1955, in Lille and at the École Normale Supérieure. The historical and conceptual analysis concerns the following subjects: firstly, the text analyzes the scarce secondary literature published before the book’s launch in 2022; secondly, the article focuses some readings made by Foucault in those years, especially surrounding the figure of Nietzsche. These readings occur on several fronts, such as: the influence of Heidegger and Jaspers, the role of the history of sciences, the dialogue with Althusser and Jacques Martin on Marx and the themes of madness and psychoanalysis. (shrink)

Phenomenal conservatism (PC) is the internalist view that non-inferential justification rests on appearances. PC’s advocates have recently argued that seemings are also required to explain inferential justification. The most general and developed view to this effect is Huemer (2016)’s theory of inferential seemings (ToIS). Moretti (2018) has shown that PC is affected by the problem of reflective awareness, which makes PC open to sceptical challenges. In this paper I argue that ToIS is afflicted by a version of the same problem (...) and it is thus hostage to inferential scepticism. I also suggest a possible response on behalf of ToIS’s advocates. (shrink)

This is an introductory handbook for some of the main themes around the notion of predication in Aristotle. It does not aim at being exhaustive, but only sketches some important lines about the subject; it contains an introductory essay, besides the translation (into Portuguese) and commentary of basic texts (such as Posterior Analytics I-22, Categories 1-5, Interpretation 1-6 etc.).

Crispin Wright maintains that the architecture of perceptual justification is such that we can acquire justification for our perceptual beliefs only if we have antecedent justification for ruling out any sceptical alternative. Wright contends that this principle doesn’t elicit scepticism, for we are non-evidentially entitled to accept the negation of any sceptical alternative. Sebastiano Moruzzi has challenged Wright’s contention by arguing that since our non-evidential entitlements don’t remove the epistemic risk of our perceptual beliefs, they don’t actually enable us to (...) acquire justification for these beliefs. In this paper I show that Wright’s responses to Moruzzi are ineffective and that Moruzzi’s argument is validated by probabilistic reasoning. I also suggest that Wright cannot answer Moruzzi’s challenge without weakening the support available for his conception of the architecture of perceptual justification. (shrink)

This book discusses Aristotle’s notions of essence and substance as they are developed in Metaphysics ZH. I examine Aristotle's argument at length and defends an unorthodox interpretation according to which his motivation is to provide an answer against a conflation between criteria for existential priority (delivering substances as primary beings) and criteria for explanatory priority (delivering essences as primary principles).

Translation of Aristotle's Posterior Analytics I into Portuguese, with a few notes, experimental glossary and introduction. The translation, which was made at 2003/4, was preliminary and its publication was intended to provide a didactic tool for courses as well as a provisional resource in research seminars. It needs some revision. I am currently working (slowly...) on the revision of the translation and a new revised one will surely appear at some point.

Sets are central to mathematics and its foundations, but what are they? In this book Luca Incurvati provides a detailed examination of all the major conceptions of set and discusses their virtues and shortcomings, as well as introducing the fundamentals of the alternative set theories with which these conceptions are associated. He shows that the conceptual landscape includes not only the naïve and iterative conceptions but also the limitation of size conception, the definite conception, the stratified conception and the graph (...) conception. In addition, he presents a novel, minimalist account of the iterative conception which does not require the existence of a relation of metaphysical dependence between a set and its members. His book will be of interest to researchers and advanced students in logic and the philosophy of mathematics. (shrink)

Translation of Aristotle's Metaphysics IV and VI, with notes. The translation is preliminary and intended as a provisional teaching tool to be also used in seminars and discussions with peers in order to reach a more elaborated version.

Crispin Wright’s entitlement theory holds that we have non-evidential justification for accepting propositions of a general type––which Wright calls “cornerstones”––that enables us to acquire justification for believing other propositions––those that we take to be true on the grounds of ordinary evidence. Entitlement theory is meant by Wright to deliver a forceful response to the sceptic who argues that we cannot justify ordinary beliefs. I initially focus on strategic entitlement, which is one of the types of entitlement that Wright has described (...) in more detail. I suggest that it is dubious that we are strategically entitled to accept cornerstones. After this, I focus on entitlement in general. I contend that, in important cases, non-evidential justification for accepting cornerstones cannot secure evidential justification for believing ordinary propositions. My argument rests on a probabilistic regimentation of the so-called “leaching problem”. (shrink)

In Posterior Analytics 71b9 12, we find Aristotle’s definition of scientific knowledge. The definiens is taken to have only two informative parts: scientific knowledge must be knowledge of the cause and its object must be necessary. However, there is also a contrast between the definiendum and a sophistic way of knowing, which is marked by the expression “kata sumbebekos”. Not much attention has been paid to this contrast. In this paper, I discuss Aristotle’s definition paying due attention to this contrast (...) and to the way it interacts with the two conditions presented in the definiens. I claim that the “necessity” condition ammounts to explanatory appropriateness of the cause. (shrink)

Translation of Aristotle's Posterior Analytics II into Portuguese, with a few notes, experimental glossary and introduction. The translation, which was made at 2002 (with a new printing in 2004), was preliminary and its publication was intended to provide a didactic tool for courses as well as a provisional resource in research seminars. It needs some revision. I am currently working (slowly...) on the revision of the translation and a new revised one will surely appear at some point.

In this chapter I shall address the question as to whether there exists a universal and atemporal justification for the claims made by a community that adopts a particular style of reasoning. I shall present a case study in which a claim made in the laboratory style of reasoning has no universal and atemporal justification. As I shall explain, Hacking justifies his belief that unobservable entities exist on the ground that they can be regularly manipulated by experimenters in order to (...) find out and produce various phenomena (experimental realism); he also maintains that no belief that our theories are true is required in order to be realist about unobservable entities. I shall argue that his justification is relative to the laboratory style of reasoning. Ultimately, from this case study I shall draw the important conclusion that the styles of reasoning project implies epistemic relativism. In the first part of this chapter, I shall analyse Hacking’s experimental realism in the light of the styles of reasoning project. I shall start by making these points: Hacking’s theory anti-realism denies the possibility of ranking styles of reasoning in terms of their capacity to explain phenomena; furthermore, Hacking is not successful in showing that his entity realism is justified for a community that does not adopt the laboratory style of reasoning. It will follow that the styles of reasoning project is in conflict with the claim that we know about unobservable entities. (shrink)

Translation of Aristotle's Metaphysics I-III into Portuguese, with a few notes and introduction. The translation, which was made at 2007, is preliminary and its publication was intended to provide a didactic tool for courses as well as a provisional resource in research seminars. It needs some revision. I am currently working (slowly...) on the revision of the translation and a new revised one will surely appear at some point.

Tradução dos livros Z e H da Metafísica de Aristóteles, com introdução e notas. Translation of Aristotle's Metaphysics Books VII and VIII into Portuguese, with Introduction and Notes.

Translation of passages of Aristotle's De Anima into Portuguese. The passages are these: I.1, I.4 (the 'Rylean passage'); II.1-6; III.1-8. The translation is preliminary.

I discuss what Aristotle means when he say that scientific demonstration must proceed from necessary principles. I argue that, for Aristotle, scientific demonstration should not be reduced to sound deduction with necessary premises. Scientific demonstration ultimately depends on the fully appropriate explanatory factor for a given explanandum. This explanatory factor is what makes the explanandum what it is. Consequently, this factor is also unique. When Aristotle says that demonstration must proceed from necessary principles, he means that each demonstration requires the (...) principle that is the necessary one for the fully appropriate explanation of its explanandum. This picture also provides a key to understand Aristotle's thesis that scientific explanation depends on essences: it is the essence of the attribute to be explained that should be stated as the fully appropriate explanatory factor. (shrink)

I discuss an important feature of the notion of cause in Post. An. 1. 13, 78b13–28, which has been either neglected or misunderstood. Some have treated it as if Aristotle were introducing a false principle about explanation; others have understood the point in terms of coextensiveness of cause and effect. However, none offers a full exegesis of Aristotle's tangled argument or accounts for all of the text's peculiarities. My aim is to disentangle Aristotle's steps to show that he is arguing (...) in favour of a logical requirement for a middle term's being the appropriate cause of its explanandum. Coextensiveness between the middle term and the attribute it explains is advanced as a sine qua non condition of a middle term's being an appropriate or primary cause. This condition is not restricted either to negative causes or to middle terms in second‐figure syllogisms, but ranges over all primary causes qua primary. (shrink)

These are commentaries to the translation into Portuguese of Nicomachean Ethics VI, found in the same volume of Dissertatio.

Tradução para o Português de Ethica Nicomachea VI.

I discuss in this paper the six requirements Aristotle advances at Posterior Analytics A-2, 71b20-33, for the premisses of a scientific demonstration. I argue that the six requirements give no support for an intepretation in terms of “axiomatization”. Quite on the contrary, the six requirements can be consistently understood in a very different picture, according to which the most basic feature of a scientific demonstration is to explain a given proposition by its appropriate cause.

Experiences like pains, pleasures, and emotions have affective phenomenal character: they feel pleasant or unpleasant. Imperativism proposes to explain affective phenomenal character by appeal to imperative content, a kind of intentional content that directs rather than describes. We argue that imperativism is on the right track, but has been developed in the wrong way. There are two varieties of imperativism on the market: first-order and higher-order. We show that neither is successful, and offer in their place a new theory: reflexive (...) imperativism. Our proposal is that an experience P feels pleasant in virtue of being constituted by a Command with reflexive imperative content, while an experience U feels unpleasant in virtue of being constituted by a Command with reflexive imperative content : More of P!Less of U! If you need a slogan: experiences have affective phenomenal character in virtue of commanding us Get more of me! Get less of me! (shrink)

I discuss Aristotle's treatment of essence and definition in Metaphysics VII.4. I argue that it is coherent and perfectly in accord with its broader context. His discussion in VII.4 offers, on the one hand, minimal criteria for what counts as definition and essence for whatever kind of object, but also, on the other hand, stronger criteria for a primary sort of definition and essence—and thereby it serves the interest of book VII in pointing to the explanatory power of the essence (...) of composite substances. (shrink)

I discuss the exact meaning of the thesis according to which the object of scientific knowledge is necessary. The thesis is expressed by Aristotle in the Posterior Analytics, in his definition of scientific knowledge. The traditional interpretation understands this definition as depending on two parallel and independent requirements, the causality requirement and the necessity requirement. Against this interpretation, I try to show, through the examination of several passages that refer to the definition of scientific knowledge, that the necessity requirement specifies (...) more exactly the causality requirement: what cannot be otherwise is the explanatory relation between the explanandum and the cause by which it is what it is. (shrink)

I focus on a key argument for global external world scepticism resting on the underdetermination thesis: the argument according to which we cannot know any proposition about our physical environment because sense evidence for it equally justifies some sceptical alternative (e.g. the Cartesian demon conjecture). I contend that the underdetermination argument can go through only if the controversial thesis that conceivability is per se a source of evidence for metaphysical possibility is true. I also suggest a reason to doubt that (...) conceivability is per se a source of evidence for metaphysical possibility, and thus to doubt the underdetermination argument. (shrink)

In this paper, we develop an impure somatic theory of emotion, according to which emotions are constituted by the integration of bodily perceptions with representations of external objects, events, or states of affairs. We put forward our theory by contrasting it with Prinz's pure somatic theory, according to which emotions are entirely constituted by bodily perceptions. After illustrating Prinz's theory and discussing the evidence in its favor, we show that it is beset by serious problems—i.e., it gets the neural correlates (...) of emotion wrong, it isn't able to distinguish emotions from bodily perceptions that aren't emotions, it cannot account for emotions being directed towards particular objects, and it mischaracterizes emotion phenomenology. We argue that our theory accounts for the empirical evidence considered by Prinz and solves the problems faced by his theory. In particular, we maintain that our theory gives a unified and principled account of the relation between emotions and bodily perceptions, the intentionality of emotions, and emotion phenomenology. (shrink)

Deflationists about truth hold that the function of the truth predicate is to enable us to make certain assertions we could not otherwise make. Pragmatists claim that the utility of negation lies in its role in registering incompatibility. The pragmatist insight about negation has been successfully incorporated into bilateral theories of content, which take the meaning of negation to be inferentially explained in terms of the speech act of rejection. We implement the deflationist insight in a bilateral theory by taking (...) the meaning of the truth predicate to be explained by its inferential relation to assertion. We combine this account of the meaning of the truth predicate with a new diagnosis of the Liar Paradox: its derivation requires the truth rules to preserve evidence, but these rules only preserve commitment. The result is a novel inferential deflationist theory of truth, which solves the Liar Paradox in a principled manner. We end by showing that our theory and simple extensions thereof have the resources to axiomatize the internal logic of several supervaluational hierarchies, including Cantini’s. This solves open problems of Halbach (2011) and Horsten (2011). (shrink)

Aristotle contrasts episteme and doxa through the key notions of universal and necessary. These notions have played a central role in Aristotle’s characterization of scientific knowledge in the previous chapters of APo. They are not spelled out in APo I.33, but work as a sort of reminder that packs an adequate characterization of scientific knowledge and thereby gives a highly specified context for Aristotle’s contrast between episteme and doxa. I will try to show that this context introduces a contrast in (...) terms of explanatory claims: on the one hand, episteme covers those claims which capture explanatory connections that are universal and necessary and thereby deliver scientific understanding; on the other hand, doxa covers the explanatory attempts that fail at doing so. (shrink)

A subject S's belief that Q is well-grounded if and only if it is based on a reason of S that gives S propositional justification for Q. Depending on the nature of S's reason, the process whereby S bases her belief that Q on it can vary. If S's reason is non-doxastic––like an experience that Q or a testimony that Q––S will need to form the belief that Q as a spontaneous and immediate response to that reason. If S's reason (...) is doxastic––like a belief that P––S will need to infer her belief that Q from it. The distinction between these two ways in which S's beliefs can be based on S's reasons is widely presupposed in current epistemology but––we argue in this paper––is not exhaustive. We give examples of quite ordinary situations in which a well-grounded belief of S appears to be based on S's reasons in neither of the ways described above. To accommodate these recalcitrant cases, we introduce the notion of enthymematic inference and defend the thesis that S can base a belief that Q on doxastic reasons P1, P2, …, Pn via inferring enthymematically Q from P1, P2, …, Pn. (shrink)