There are two possible ways to understand form and substance in legal reasoning. The first refers to the distinction between concepts and their applications, whereas the second concentrates on the difference between authoritative and non-authoritative reasons. These approaches refer to the formalistic and positivistic conceptions of the law, the latter being the author's point of departure. Nevertheless, they are both helpful means of analysis in legal interpretation. Interpretation is divided into formal and substantive justification. They have certain functions and they (...) are utilized in interaction. Authoritative reasons and formal reasoning constitute the necessary point of departure. However, substantive reasons are also necessary in order to justify choices included in interpretation. In addition to formal and substantive reasoning, the role of legal concepts is analysed. (shrink)

This paper deals with the problems involved in the concept of knowledge in the sphere of law. Traditionally, the idea of knowledge has dealt with the presumption of given objects of information. According to this approach, knowing means finding these objects. This is the natural and understandable foundation of metaphysical or philosophical realism. Cognition and cognitive interest are directed outside the sentences by which they are described. This is the point of departure of legal positivism as well. However, it is (...) not possible to see valid law as totally independent of language and concepts. This makes the idea of legal facts as institutional facts vague. From a practical viewpoint, the sentences of judges and legal scholars, when they present valid law, justify rather than describe. Their crucial function is interpretation. Hence, the objectivity of these sentences cannot be based on the presumption of separate objects either. Instead, it has to be based on the principles of acceptable reasoning. Moreover, the author claims that this kind of approach, united with the utilization of human rights and substantial legal principles, leads one to acknowledge objective values. (shrink)

This paper deals with the concept of practical wisdom and its applications in the field of jurisprudence. The starting point is the Aristotelian idea that a skill to understand and apply law is an embodiment of practical sense. racticality of law has many dimensions. One important dimension is contextuality. Contextuality appears as the situation dependence of interpretation. Hence, the ultimate content of law is context dependent, too. I try to elucidate the essence of practicality of law and its interpretation by (...) examining a precedent of the Finnish Supreme Court (KKO 1997: 87). It is a case involving the distribution of an estate among heirs. The main idea of that decision is that the proper values of inheritance‐shares depend on the utilization values of them and the whole economic situation among heirs. What is just depends on a situation. Taken seriously, the practicality and contextuality of law forces us to adopt an unconventional conception of jurisprudence. First, it is doubtful if one can point to any scientific method at all. Second, according to this conception, legal dogmatics is not a description of law. Rather, it is a skill of argumentation, the skill of taking considered steps from different kinds of arguments to conclusions. The purpose of legal dogmatics is to offer valid and useful arguments to be used in different situations. (shrink)

In God Emperor of Dune, Leto II explains to Moneo why people destroyed thinking machines in the Butlerian Jihad: "Humans had set those machines to usurp our sense of beauty, our necessary selfdom out of which we make living judgments." The Orange Catholic Bible (OCB), the key religious text in the Dune universe, forbids the creation of machines that imitate human thinking: "Thou shalt not make a machine in the likeness of a man's mind." The OCB focuses on human mental (...) abilities – especially computation, reason, and logic – that have a status that machines should not emulate. In Frank Herbert's universe, divine imitation and creation are presented in conflicting ways: on the one hand, they are strictly prohibited, on the other, they are aspirations for key characters. Mentats replace machines by use of hard, cold, logical thinking and reasoning with machine‐like efficiency. (shrink)

This paper reviews how research on the demarcation problem has developed, starting from Popper’s criterion of falsifiability and ending with recent naturalistically oriented approaches. The main differences between traditional and contemporary approaches to the problem are explicated in terms of six postulates called the traditional assumptions. It is argued that all of the assumptions can be dismissed without giving up on the demarcation problem and that doing so might benefit further discussions on pseudoscience. Four present-day research movements on evaluating the (...) boundaries of science are introduced: (1) philosophy of pseudoscience, (2) social epistemology of dissent, (3) agnotology, and (4) evaluation of expertise. Researchers working within these areas have abandoned some or all traditional assumptions. (shrink)

Antinatalism is an emerging philosophy and practice that challenges pronatalism, the prevailing philosophy and practice in reproductive matters. We explore justifications of antinatalism—the arguments from the quality of life, the risk of an intolerable life, the lack of consent, and the asymmetry of good and bad—and argue that none of them supports a concrete, understandable, and convincing moral case for not having children. We identify concentration on possible future individuals who may or may not come to be as the main (...) culprit for the failure and suggest that the focus should be shifted to people who already exist. Pronatalism’s hegemonic status in contemporary societies imposes upon us a lifestyle that we have not chosen yet find almost impossible to abandon. We explicate the nature of this imposition and consider the implications of its exposure to different stakeholders with varying stands on the practice of antinatalism. Imposition as a term has figured in reproductive debates before, but the argument from postnatal, mental, and cultural imposition we launch is new. It is the hitherto overlooked and underdeveloped justification of antinatalism that should be solid and comprehensible enough to be used even by activists in support of their work. (shrink)

Is the tendency to morally prioritize humans over animals weaker in children than adults? In two pre-registered studies (N = 622), 5- to 9-year-old children and adults were presented with moral dilemmas pitting varying numbers of humans against varying numbers of either dogs or pigs and were asked who should be saved. In both studies, children had a weaker tendency to prioritize humans over animals than adults. They often chose to save multiple dogs over one human, and many valued the (...) life of a dog as much as the life of a human. While they valued pigs less, the majority still prioritized ten pigs over one human. By contrast, almost all adults chose to save one human over even one hundred dogs or pigs. Our findings suggest that the common view that humans are far more morally important than animals appears late in development and is likely socially acquired. (shrink)

Recent epistemology of modality has seen a growing trend towards metaphysics-first approaches. Contrastingly, this paper offers a more philosophically modest account of justifying modal claims, focusing on the practices of scientific modal inferences. Two ways of making such inferences are identified and analyzed: actualist-manipulationist modality and relative modality. In AM, what is observed to be or not to be the case in actuality or under manipulations, allows us to make modal inferences. AM-based inferences are fallible, but the same holds for (...) practically all empirical inquiry. In RM, modal inferences are evaluated relative to what is kept fixed in a system, like a theory or a model. RM-based inferences are more certain but framework-dependent. While elements from both AM and RM can be found in some existing accounts of modality, it is worth highlighting them in their own right and isolating their features for closer scrutiny. This helps to establish their relevant epistemologies that are free from some strong philosophical assumptions often attached to them in the literature. We close by showing how combining these two routes amounts to a view that accounts for a rich variety of modal inferences in science. (shrink)

The concept of mutual responsiveness is currently based on little empirical data in the literature of Responsible Research and Innovation. This paper explores RRI’s idea of mutual responsiveness in the light of recent RRI case studies on private sector research and development. In RRI, responsible innovation is understood as a joint endeavour of innovators and societal stakeholders, who become mutually responsive to each other in defining the ‘right impacts’ of the innovation in society, and in steering the innovation towards realising (...) those impacts. Yet, the case studies identified several reasons for why the idea of mutual responsiveness does not always appear feasible or desirable in actual R&D situations. Inspired by the discrepancies between theory and practice, we suggest three further elaborations for the concept of responsiveness in RRI. Process-responsiveness is suggested for identifying situations that require stakeholder involvement specifically during R&D. Product-responsiveness is suggested for mobilising the potential of innovation products to be adaptable according to diverse stakeholder needs. Presponsiveness is suggested as responsiveness towards stakeholders that are not reachable at a given time of R&D. Our aim is to contribute to a more tangible understanding of responsiveness in RRI, and suggest directions for further analysis in upcoming RRI case studies. (shrink)

In his recent article "Carnapian Frameworks" (Synthese, 2021), Gabriel Broughton criticizes my discussions of Carnap on ontology and puts forward his own interpretation of what Carnap’s external/internal distinction amounts to. I here first argue that Broughton’s main claims about me are based on a misinterpretation. Then I turn to some issues of broader interest. I argue that Broughton’s own, potentially interesting interpretation of Carnap’s external/internal distinction does not work. And in light of Broughton’s discussion I present a sharpened version of (...) what I have earlier said about Carnap’s this distinction. (shrink)

This article examines Martin Luther’s view of Natural theology and natural knowledge of God. Luther research has often taken a negative stance towards a possibility of Natural theology in Luther’s thought. I argue, that one actually finds from Luther’s texts a limited area of the natural knowledge of God. This knowledge pertains to the existence of God as necessary and as Creator, but not to what God is concretely. Luther appears to think that the natural knowledge of God is limited (...) because of the relation between God and the Universe only one side is known by natural capacities. Scholastic Theology built on Aristotelianism errs, according to Luther, when it uses created reality as the paradigm for thinking about God. Direct experiential knowledge of the divinity, given by faith, is required to comprehend the divine being. Luther’s criticism of Natural theology, however, does not appear to rise from a general rejection of metaphysics, but from that Luther follows certain ideas of Medieval Augustinian Platonism, such as a stark ontological differentiation between finite and infinite things, as well as the idea of divine uniting contradictions. Thus the conflict between faith and reason on Luther seems to be explicable at least in part as a conflict between two different ontological systems, which follow different paradigms of rationality. (shrink)

The aim of the paper is to bring clarity regarding the doctrine of quantifier variance (due to Eli Hirsch), and two prominent arguments against this doctrine, the collapse argument and the Eklund-Hawthorne argument. Different versions of the doctrine of quantifier variance are distinguished, and it is shown that the effectiveness of the arguments against it depends on what version of the doctrine is at issue. The metaontological significance of the different versions of the doctrine are also assessed. Roughly, quantifier variance (...) concerns there being different possible existential quantifier meanings, and often the doctrine involves a claim to the effect there is no unique “best” quantifier meaning. Much of the discussion in the paper concerns what it is to be an existential quantifier meaning in the sense at issue. (shrink)

This article presents a revised version of negative utilitarianism. Previous versions have relied on a hedonistic theory of value and stated that suffering should be minimized. The traditional rebuttal is that the doctrine in this form morally requires us to end all sentient life. To avoid this, a need-based theory of value is introduced. The frustration of the needs not to suffer and not to have one’s autonomy dwarfed should, prima facie, be decreased. When decreasing the need frustration of some (...) would increase the need frustration of others, the case is deferred and a fuller ethical analysis is conducted. The author’s perceptions on murder, extinction, the right to die, antinatalism, veganism, and abortion are used to reach a reflective equilibrium. The new theory is then applied to consumerism, material growth, and power relations. The main finding is that the burden of proof should be on those who promote the status quo. (shrink)

With the considerable attention given to UNESCO's Universal Declaration on the Human Genome and Human Rights, the time has come to take another look at the concept of dignity, on which this document is morally founded. The term “dignity” now appears in many national constitutions and international bioethical statements. It has also become popular among Continental European ethicists, many of whom wish to challenge the particularly American and overtly individualistic principles of “autonomy,” “justice,” “beneficence,” and “nonmaleficence.” a.

Yleensä Wienin piirin loogista empirismiä kannattaneet filosofit mielletään antirealisteiksi. Tässä artikkelissa kuitenkin argumentoidaan, että piirin johtohahmo Moritz Schlick oli eräänlainen realisti myös nykystandardien valossa. Näin ollen – niin yllättävältä kuin se kuulostaakin – positivismi ja realismi ovat yhteensovitettavissa. Schlick tosin erotti kannattamansa empiirisen realismin jyrkästi metafyysisestä realismista, jota hän piti merkityksettömänä. Schlickin realismin esittelyn lisäksi artikkelissa tarkastellaan yleisellä tasolla hänen epistemologiaansa, kielifilosofiaansa ja metafysiikan kritiikkiään. Tekstissä pohditaan myös Schlickin suosiman realismin asemaa ja relevanssia nykyisessä realismikeskustelussa.

People’s causal judgments are susceptible to the action effect, whereby they judge actions to be more causal than inactions. We offer a new explanation for this effect, the counterfactual explanation: people judge actions to be more causal than inactions because they are more inclined to consider the counterfactual alternatives to actions than to consider counterfactual alternatives to inactions. Experiment 1a conceptually replicates the original action effect for causal judgments. Experiment 1b confirms a novel prediction of the new explanation, the reverse (...) action effect, in which people judge inactions to be more causal than actions in overdetermination cases. Experiment 2 directly compares the two effects in joint-causation and overdetermination scenarios and conceptually replicates them with new scenarios. Taken together, these studies provide support for the new counterfactual explanation for the action effect in causal judgment. (shrink)

This paper argues that the proponents of epistemological scientism must take some stand on scientific methodology. The supporters of scientism cannot simply defer to the social organisation of science because the social processes themselves must meet some methodological criteria. Among such criteria is epistemic evaluability, which demands intersubjective access to reasons. We derive twelve theses outlining some implications of epistemic evaluability. Evaluability can support weak and broad variants of epistemological scientism, which state that sciences, broadly construed, are the best sources (...) of knowledge or some other epistemic goods. Since humanities and social sciences produce epistemically evaluable results, narrow types of scientism that take only natural sciences as sources of knowledge require additional argumentation in their support. Strong scientism, which takes sciences as the only source of knowledge, also needs to appeal to some further principles since evaluability is not an all-or-nothing affair. (shrink)

Metaontology – the study of the nature of ontological issues – has flourished in recent years. The focus of this summary will be on some views and arguments that are central to today’s debate. One theme will be that of how seriously to take ontology: whether there is reason to take a skeptical or deflationary attitude toward ontological claims, as theorists like Rudolf Carnap, Hilary Putnam, and Eli Hirsch in different ways have urged. The other theme will be that of (...) the viability of the Fregean and Quinean approaches to ontology that have been and still are central to analytic philosophy. (shrink)

Relativism is usually a derogatory word in philosophical bioethics in the West. If people make the mistake of trying to understand radically “different” points of view, an accusation of relativism is quickly forthcoming. But why should this be an accusation? My aim in this paper is to demonstrate that it should not.

ABSTRACT Can philosophers come up with persuasive reasons to allow or to ban human reproductive cloning? Yes. Can philosophers agree, locally and temporarily, which practices related to cloning should be condoned and which should be rejected? Some of them can. Can philosophers produce universally convincing arguments for or against different kinds of human cloning? No. This paper analyses some of the main arguments presented by philosophers in the cloning debate, and some of the most important objections against them. The clashes (...) between the schools of thought suggest that philosophers cannot be trusted to provide the public authorities, or the general public, a unified, universally applicable view of the morality of human reproductive cloning. (shrink)

WHAT IS BIOETHICS ALL ABOUT? A START Matti Hayry and Tuija Takala. A Start What is bioethics all about? Is it only about medicine, nursing, and healthcare? ...

The concepts we use to value and prescribe are historically contingent, and we could have found ourselves with others. But what does it mean to say that some concepts are better than others for purposes of action-guiding and deliberation? What is it to choose between different normative conceptual frameworks?

This paper argues for theoretical modeling and model-construction as central types of activities that philosophers of social ontology engage in. This claim is defended through a detailed case study and revisionary interpretation of Raimo Tuomela’s account of the we-perspective. My interpretation is grounded in Ronald Giere’s account of scientific models, and argued to be compatible with, but less demanding than Tuomela’s own description of his account as a philosophical theory of the social world. My approach is also suggested to be (...) applicable to many other methodologically naturalist accounts of collective intentionality and social ontology. (shrink)

This paper analyzes three contrasting strategies for modeling intentional agency in contemporary analytic philosophy of mind and action, and draws parallels between them and similar strategies of scientific model-construction. Gricean modeling involves identifying primitive building blocks of intentional agency, and building up from such building blocks to prototypically agential behaviors. Analogical modeling is based on picking out an exemplary type of intentional agency, which is used as a model for other agential types. Theoretical modeling involves reasoning about intentional agency in (...) terms of some domain-general framework of lawlike regularities, which involves no detailed reference to particular building blocks or exemplars of intentional agency. Given the contrasting procedural approaches that they employ and the different types of knowledge that they embody, the three strategies are argued to provide mutually complementary perspectives on intentional agency. (shrink)

Consciousness seems to be an enigmatic phenomenon: it is difficult to imagine how our perceptions of the world and our inner thoughts, sensations and feelings could be related to the immensely complicated biological organ we call the brain. This volume presents the thoughts of some of the leading philosophers and cognitive scientists who have recently participated in the discussion of the status of consciousness in science. The focus of inquiry is the question: "Is it possible to incorporate consciousness into science?" (...) Philosophers have suggested different alternatives -- some think that consciousness should be altogether eliminated from science because it is not a real phenomenon, others that consciousness is a real, higher-level physical or neurobiological phenomenon, and still others that consciousness is fundamentally mysterious and beyond the reach of science. At the same time, however, several models or theories of the role of conscious processing in the brain have been developed in the more empirical cognitive sciences. It has been suggested that non-conscious processes must be sharply separated from conscious ones, and that the necessity of this distinction is manifested in the curious behavior of certain brain-damaged patients. This book demonstrates the dialogue between philosophical and empirical points of view. The writers present alternative solutions to the brain-consciousness problem and they discuss how the unification of biological and psychological sciences could thus become feasible. Covering a large ground, this book shows how the philosophical and empirical problems are closely interconnected. From this interdisciplinary exploration emerges the conviction that consciousness can and should be a natural part of our scientific world view. (shrink)

Prominent research programs dealing with the nature and mechanisms of interpersonal social coordination have emerged in cognitive science, developmental psychology and evolutionary anthropology. I argue that the mechanistic approach to explanation in contemporary philosophy of science can facilitate interdisciplinary integration and division of labor between these different disciplinary research programs. By distinguishing phenomenal models from mechanistic models and structural decomposition from functional decomposition in the process of mechanism discovery, I argue that behavioral and cognitive scientists can make interlocking contributions to (...) families of mechanism models representing a) what central forms of interpersonal social coordination consist in, b) what types of agents engage in such forms of coordination, c) what types of cognitive mechanisms give rise to such forms of coordination, d) how the operation of such mechanisms is modulated by the natural and social environments that the agents populate. Thus mechanistic philosophy of science can play a heuristic role in guiding the research strategies of scientists in different scientific disciplines in a manner that is complementary to the research strategies of scientists in other disciplines and thereby efficient from the point of view of the division of epistemic labor. (shrink)

I distinguish two kinds of contribution that have been made by recent minimalist accounts of joint action in philosophy and cognitive science relative to established philosophical accounts of shared intentional action. The “complementarists” seek to analyze a functionally different kind of joint action from the kind of joint action that is analyzed by established philosophical accounts of shared intentional action. The “constitutionalists” seek to expose mechanisms that make performing joint actions possible, without taking a definite stance on which functional characterization (...) of joint action is the appropriate one. I elucidate the contrasting methodological underpinnings of these minimalist research programs in accordance with Bechtel and Richardson’s account of the heuristics of decomposition and localization as a research strategy for the study of complex systems. (shrink)

Tech companies have eagerly utilised mindfulness techniques in order to increase both creativity and productivity among their managers and employees. However, while a growing number of studies within fields of clinical psychology and psychiatry suggest that mindfulness provides myriad health benefits, such literature does not critically evaluate the societal and affective influences of mindfulness and other wellness practices on working bodies. By focusing on discourses related to mindfulness training, this paper explores the conception of ‘being present’. Drawing on the phenomenology (...) of the body, affect theory, and critical mindfulness studies, we develop a new theoretical framework for analysing mindfulness as a somatic and social force in technology-driven business contexts. Using research material drawn from the online advertising of mindfulness programmes for managers, this paper describes ‘presence’ as a new labour concept associated with the cultivated performance skill of the managerial body in the era of late capitalism. We conclude that mindfulness training – transforming the somatic into an affective investment – has transformed Buddhist meditation into capital that can be bought and consumed. (shrink)

Health care services are constantly assessed by their ability to accommodate values popular in contemporary societies. Autonomy, justice, and human dignity have for some time been among such values in the affluent West. Relative newcomers in the field are the notions of and which seem to attract, in particular, Continental European ethicists. a.