Philosophers of science have offered different accounts of what it means for one scientific theory to reduce to another. I propose a more or less friendly amendment to Kenneth Schaffner’s “General Reduction-Replacement” model of scientific unification. Schaffner interprets scientific unification broadly in terms of a continuum from theory reduction to theory replacement. As such, his account leaves no place on its continuum for type irreducible and irreplaceable theories. The same is true for other accounts that incorporate Schaffner's continuum, for example, (...) those developed by Paul Churchland, Clifford Hooker, and John Bickle. Yet I believe a more general account of scientific unification should include type irreducible and irreplaceable theories in an account of their partial reduction, specifically, when there is a reduction of their tokens. Thus I propose a “Reduction-Reception-Replacement” model wherein type irreducible and irreplaceable theories are accepted or received for the purpose of unifying domains of particulars. I also suggest a link between this kind of token reduction and mechanistic explanation. (shrink)

Inner speech is commonly understood as the conscious experience of a voice within the mind. One recurrent theme in the scientific literature is that the phenomenon involves a representation of overt speech, for example, a representation of phonetic properties that result from a copy of speech instructions that were ultimately suppressed. I propose a larger picture that involves some embodied objects and their misperception. I call it “the Body Error Theory,” or BET for short. BET is a form of illusionism, (...) but the particular version I favor is a cross-modal illusion. Newly described here, my hypothesis is that the experience of inner speech arises from a mix of interoception and audition. Specifically, there is the detection of slight but well-confirmed activities in the speech musculature that occur during inner speech, which helps to transform representations of normal but quiet nonverbal sounds that inevitably occur during inner speech, from breathing to background noise, into a mistaken perception of inner speech. Simply put, activities in the speech musculature mix with sounds to create the appearance of speech sounds, which thus explains the “voice within the mind.” I also show how BET’s cross-modal system fits with standard information processing accounts for speech monitoring and how it accommodates the central insights of leading theories of inner speech. In addition, I show how BET is supported by data from experience-sampling surveys and how it can be empirically tested against its rivals. (shrink)

Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and (...) allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems. (shrink)

John Finnis says that central cases of the concepts of social theory (such as the concept of law) fully instantiate certain characteristic values (which are instantiated in more-or-less watered-down ways in peripheral cases). Yet the instances of some such concepts (such as the concepts of slavery, of tyranny, and of murder) do not instantiate any value. I propose a solution to this puzzle: the central cases of such concepts focally instantiate certain ills. The central case of a concept essential to (...) social theory may excel in some specific good or in some specific ill, or in neither, or in both. What about law? The central cases of a legal system, or of a law, involve goods that Finnis ascribes to them; I argue that the central cases also involve certain ills. That is the irony of law. Law secures essential goods for a community, and also (and, in fact, by the same token) it incurs certain ills that are necessarily involved in its specific techniques for securing those goods. (shrink)

I critically evaluate the influential new wave account of theory reduction in science developed by Paul Churchland and Clifford Hooker. First, I cast doubt on claims that the new wave account enjoys a number of theoretical virtues over its competitors, such as the ability to represent how false theories are reduced by true theories. Second, I argue that the genuinely novel claim that a corrected theory must be specified entirely by terms from the basic reducing theory is in fact too (...) restrictive for scientific practice and should be rejected. Basic theories co-evolve with nonbasic theories in a mutually interactive way, and thus the basic theories incorporate the concepts and concerns of nonbasic theories. Third, I show that once its ontological consequences are duly noted, the reductive part the new wave account collapses into the classical theory developed within the logical empiricist tradition. As such, it still falls prey to standard anti-reductionist argument based upon multiple realizability and the cross-classification of special science and physical science terms. (shrink)

Even to disagree, we need to understand each other. If I reject what you say without understanding you, we will only have the illusion of a disagreement. You will be asserting one thing and I will be denying another. Even to disagree, we need some agreement.

I resolve an argument over “flat” versus “dimensioned” theories of realization. The theories concern, in part, whether realized and realizing properties are instantiated by the same individual (the flat theory) or different individuals in a part-whole relationship (the dimensioned theory). Carl Gillett has argued that the two views conflict, and that flat theories should be rejected on grounds that they fail to capture scientific cases involving a dimensioned relation between individuals and their constituent parts. I argue on the contrary that (...) the two types of theory complement one another, even on the same range of scientific cases. I illustrate the point with two popular functionalist versions of flat and dimensioned positions – causal-role functionalism and a functional analysis by decomposition – that combine into a larger picture I call “comprehensive functional realization.” I also respond to some possible objections to this synthesis of functionalist views. (shrink)

"Williams's masterful translation satisfies (at last!) a long-standing need. There are lots of good translations of Augustine's great work, but until now we have been forced to choose between those that strive to replicate in English something of the majesty and beauty of Augustine's Latin style and those that opt instead to convey the careful precision of his philosophical terminology and argumentation. Finally, Williams has succeeded in capturing both sides of Augustine's mind in a richly evocative, impeccably reliable, elegantly readable (...) presentation of one of the most impressive achievements in Western thought--Augustine's Confessions." --Scott MacDonald, Professor of Philosophy and Norma K. Regan Professor in Christian Studies, Cornell University. (shrink)

Functional reduction follows two familiar steps: a definition of a higher-level or special science property in terms of a functional role, then a statement describing a physical property that plays or occupies that role. But Kim (2005) adds a third step, namely, an explanation regarding how the physical property occupies the functional role. I think Kim is correct. But how is the third step satisfied? An examination of the pertinent scientific explanations reveals that the third step is best satisfied by (...) a multiple-subject, part-whole explanation, which is to say, a decomposition of the occupier’s causal capacities or relations. This is true even in cases wherein role and occupant properties are identical, for an occupier’s causal capacities are always underwritten by a part-whole explanation. As a consequence, functional reduction is transformed into a larger picture that at bottom always contains multiple layers of distinct, nonidentical properties that divide between parts and their whole systems. I call it “Part-Based Functional Reduction.” My aim is to develop this larger picture of reduction. (shrink)

Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.

I critically evaluate Bickle’s version of scientific theory reduction. I press three main points. First, a small point, Bickle modifies the new wave account of reduction developed by Paul Churchland and Clifford Hooker by treating theories as set-theoretic structures. But that structuralist gloss seems to lose what was distinctive about the Churchland-Hooker account, namely, that a corrected theory must be specified entirely by terms and concepts drawn from the basic reducing theory. Set-theoretic structures are not terms or concepts but the (...) structures that they describe. Second, and more serious, a familiar problem for classical positivist account of reduction resurfaces within this newest wave of thinking, namely, commitment to property identities and inter-theoretic bridge laws (a problem I discussed at more length in "Collapse of the New Wave"). Indeed, this problem is exacerbated by Bickle’s conciliatory treatment of property plasticity, since he is willing to grant that a large number of special science terms denote multiply realized properties, at least if realistically construed. Still, in the end, Bickle sidesteps the reduction of properties by appealing to Hooker’s "function-to-structure token reduction." This is an interesting move with an intriguing concept of reduction. But problems remain. For, third, Bickle and Hooker's function-to-structure token reduction is actually a guised form of eliminative materialism. But that should be unacceptable since the position extends well beyond any modest revisionism for suspect items from a folk theory, say, in folk psychology or folk biology. Instead, it applies to functional terms and concepts employed throughout well-developed and explanatorily successful sciences. (shrink)

Thomas Polger and Laurence Shapiro argue that Carl Gillett's much publicized dimensioned theory of realization is incoherent, being subject to a reductio. Their argument turns on the fact that Gillett's definition of realization makes property instances the exclusive relata of the realization relation, while his belief in multiple realization implies its denial, namely, that properties are the relata of the realization relation on occasions of multiple realization. Others like Sydney Shoemaker have also expressed their view of realization in terms of (...) property instances, yet they too have accepted the multiple realizability of properties. Thus I am interested in the more general issue raised by Polger and Shapiro's argument. Specifically, I show how to supplement a theory of realization with a category-inclusive auxiliary assumption, which avoids the stated reductio. I then offer a few reasons to justify the proposed category-inclusive view of realization, making some comparisons to supervenience and causation along the way. (shrink)

Multiple realizability has been at the heart of debates about whether the mind reduces to the brain, or whether the items of a special science reduce to the items of a physical science. I analyze the two central notions implied by the concept of multiple realizability: "multiplicity," otherwise known as property variability, and "realizability." Beginning with the latter, I distinguish three broad conceptual traditions. The Mathematical Tradition equates realization with a form of mapping between objects. Generally speaking, x realizes (or (...) is the realization of) y because elements of y map onto elements of x. The Logico-Semantic Tradition translates realization into a kind of intentional or semantic notion. Generally speaking, x realizes (or is the realization of) a term or concept y because x can be interpreted to meet the conditions for satisfying y. The Metaphysical Tradition views realization as a species of determination between objects. Generally speaking, x realizes (or is the realization of) y because x brings about or determines y. I then turn to the subject of property variability and define it in a formal way. I then conclude by discussing some debates over property identity and scientific theory reduction where the resulting notion of multiple realizability has played a central role, for example, whether the nonreductive consequences of multiple realizability can be circumvented by scientific theories framed in terms of narrow domain-specific properties, or wide disjunctive properties. (shrink)

Philosophers almost universally believe that concepts of supervenience fail to satisfy the standards for physicalism because they offer mere property correlations that are left unexplained. They are thus compatible with non-physicalist accounts of those relations. Moreover, many philosophers not only prefer some kind of functional-role theory as a physically acceptable account of mind-body and other inter-level relations, but they use it as a form of “superdupervenience” to explain supervenience in a physically acceptable way. But I reject a central part of (...) this common narrative. I argue that functional-role theories fail by the same standards for physicalism because they merely state without explaining how a physical property plays or occupies a functional role. They are thus compatible with non-physicalist accounts of that role-occupying relation. I also argue that one cannot redeploy functional-role theory at a deeper level to explain role occupation, specifically by iterating the role-occupant scheme. Instead, one must use part-whole structural and mechanistic explanations that differ from functional-role theory in important ways. These explanations represent a form of “superduperfunctionalism” that stand to functional-role theory as concepts of superdupervenience stand to concepts of supervenience. (shrink)

In light of the phenomenon of multiple realizability, many philosophers wanted to preserve the mind-brain identity theory by resorting to a “narrow reductive strategy” whereby one (a) finds mental properties which are (b) sufficiently narrow to avoid the phenomenon of multiple realization, while being (c) explanatorily adequate to the demands of psychological theorizing. That is, one replaces the conception of a mental property as more general feature of cognitive systems with many less general properties, for example, replacing the conception of (...) pain as a general property across different species with a number of species-specific kinds of pain. Many critics focused on (c), arguing that species-specific properties are not explanatorily adequate because they do not capture what is common in pain across species. In this paper I focused on (b). I argued that if one carries the narrow reductive strategy out in such a way to avoid all multiple realizability that occurs within a species, for example, accommodating individual differences by postulating a more narrow pain-relative-to-an-individual-at-a-time, then the result is for all intents and purposes a claim about tokens and not types or properties at all (the position is now about individuals having properties at times, a structured token event). I also added an important point about explanation, viz., that properties-relative-to-individuals-at-times would not serve the explanatory goals of science by failing to generalize to other individuals. (shrink)

The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...) correct application of legal language may be diverse), and the importance of vagueness. (shrink)

In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...) theory may have to learn from (or contribute to) work on vagueness in philosophy of language and philosophy of logic. Here I will not try to state the implications of vagueness for philosophy of law; I will try to set the stage by showing that vagueness is both an important and an unavoidable feature of law. (shrink)

There is currently a significant amount of interest in understanding and developing theories of realization. Naturally arguments have arisen about the adequacy of some theories over others. Many of these arguments have a point. But some can be resolved by seeing that the theories of realization in question are not genuine competitors because they fall under different conceptual traditions with different but compatible goals. I will first describe three different conceptual traditions of realization that are implicated by the arguments under (...) discussion. I will then examine the arguments, from an older complaint by Norman Malcolm against a familiar functional theory to a recent argument by Thomas Polger against an assortment of theories that traffic in inherited causal powers, showing how they can be resolved by situating the theories under their respective conceptual traditions. (shrink)

To be realistic –to face up to the unvarnished facts– a philosophy of human affairs needs the idea of misinterpretation in its tool kit. Sometimes there is conclusive reason to adopt one interpreta...

The Moral Nexus develops and defends a new interpretation of morality—namely, as a set of requirements that connect agents normatively to other persons in a nexus of moral relations. According to this relational interpretation, moral demands are directed to other individuals, who have claims that the agent comply with these demands. Interpersonal morality, so conceived, is the domain of what we owe to each other, insofar as we are each persons with equal moral standing. The book offers an interpretative argument (...) for the relational approach. Specifically, it highlights neglected advantages of this way of understanding the moral domain; explores important theoretical and practical presuppositions of relational moral duties; and considers the normative implications of understanding morality in relational terms. The book features a novel defense of the relational approach to morality, which emphasizes the special significance that moral requirements have, both for agents who are deliberating about what to do and for those who stand to be affected by their actions. The book argues that relational moral requirements can be understood to link us to all individuals whose interests render them vulnerable to our agency, regardless of whether they stand in any prior relationship to us. It also offers fresh accounts of some of the moral phenomena that have seemed to resist treatment in relational terms, showing that the relational interpretation is a viable framework for understanding our specific moral obligations to other people. (shrink)

Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.

What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of (...) those insights about rules. I explore some implications of such an analysis for the role of interpretation in legal reasoning. (shrink)

The author argues that vagueness in law is typically extravagant, in the sense that it is possible for two competent users of the language, who understand the facts of each case, to take such different views that there is not even any overlap between the cases that each disputant would identify as borderline. Extravagant vagueness is a necessary feature of legal systems. Some philosophers of law and philosophers of language claim that bivalence is a property of statements in the domains (...) that concern them (the domain of law in the former case, the whole domain of meaningful discourse in the latter). The author argues that the bivalence claim should be rejected. In philosophy of law, the motivation underlying the bivalence claim is an urge to assert the principle that the law must be capable of standing against arbitrary use of political power. The challenge – once the bivalence claim is rejected – is to articulate the law's opposition to arbitrariness in a way that is compatible with the possibility of indeterminacy in the application of vague laws. (shrink)

People can be autonomous, if they are subject to authority. In particular, they can be autonomous if they are subject to the authority of law. I defend the first claim through a study of Joseph Raz's compelling account of authority; I claim that his work leads to the conclusion that autonomous judgment is needed to determine the jurisdiction of an authority, and to interpret its directives. I defend the second claim by arguing that law does not claim unlimited jurisdiction, and (...) need not claim unlimited scope for its directives. But the requirements of the rule of law create a standing risk that the law will not adequately recognize the autonomy of its subjects, because of its artificial techniques for controlling its own jurisdiction and for controlling the scope of its own directives. (shrink)

I critically examine some provocative arguments that John Searle presents in his book The Rediscovery of Mind to support the claim that the syntactic states of a classical computational system are "observer relative" or "mind dependent" or otherwise less than fully and objectively real. I begin by explaining how this claim differs from Searle's earlier and more well-known claim that the physical states of a machine, including the syntactic states, are insufficient to determine its semantics. In contrast, his more recent (...) claim concerns the syntax, in particular, whether a machine actually has symbols to underlie its semantics. I then present and respond to a number of arguments that Searle offers to support this claim, including whether machine symbols are observer relative because the assignment of syntax is arbitrary, or linked to universal realizability, or linked to the sub-personal interpretive acts of a homunculus, or linked to a person's consciousness. I conclude that a realist about the computational model need not be troubled by such arguments. Their key premises need further support. (shrink)

Where the law protects human rights, the executive branch of government does well if it complies with the law, and goes wrong if it does not comply. And then you may think that the paradigmatic fun...

No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...) ask what counts as a ‘deficit’ in the rule of law, and I argue that none of these features of legal practice necessarily amounts to a deficit. I conclude that communities fail to achieve the rule of law only because of official infidelity to law, and the failure of lawmakers to pursue the ideal (or their decision not to pursue it). The rule of law is not necessarily unattainable. (shrink)

Some scientists and philosophers claimed that there is a converse to multiple realizability. While a given higher-level property can be realized by different lower-level properties (multiple realizability), a given lower-level property can in turn serve to realize different higher-level properties (this converse I dubbed the unfortunately obscure "constructival plasticity" to emphasize the constructive metaphysics involved in this converse to multiple realizability). I began by defining multiple realizabilty in a formal way. (Looking back, one point of interest is that I defined (...) modally weak and strong versions of realization, which is relevant to later views about contingent versus necessitarian grounding.) I then turned to the relation in question. By my analysis, for the converse claim to be true, a lower-level property G1 that realizes a higher-level F must be taken in conjunction with some other base condition G2 so that a difference in G2 allows G1 to determine some other higher-level property E but not F (otherwise there would be violations of supervenience). The realization law thus has the form: (G1 & G2) => F. As such, the base property G1 is insufficient by itself to produce F. It is an insufficient but necessary part of a sufficient condition. I also point out that this makes the realization base property an INUS condition, if combined with multiple realizability. Specifically, if F is multiply realized by properties other than the pair G1 and G2, then G1 is an insufficient but necessary part of an unnecessary but sufficient condition. This is just the first clear and explicit INUS condition view of realization in the literature. Looking back, this converse is also relevant to later views, such as Robert Wilson's view about metaphysically contextual realization. (shrink)

I introduce "nomic-role nonreductionism" as an alternative to traditional causal-role functionalism in the philosophy of mind. Rather than identify mental properties by a theory that describes their intra-level causal roles via types of inputs, internal states, and outputs, I suggest that one identify mental properties by a more comprehensive theory that also describes inter-level realization roles via types of lower-level engineering, internal mental states, and still higher-level states generated by them. I defend this position on grounds that mental properties should (...) be understood by our best scientific theories, which at present include informatioin about mental engineering. I further defend this claim by a "parity of reasons" argument. Causal-role functionalists are justified to include sensory stimuli in their theory of mind as opposed to, say, the remote causes of sensory stimuli because the former but not the latter are items of direct mental production. But ditto for the system's physical realizations. They too directly produce mental states, only not by "causing" them but by "realizing" them. Engineering realizations and their input triggering conditions work in tandem. In addition, I tell a related but more general metaphysical story about property identity, namely, that the traditional causal theory should be replaced by a more comprehensive nomic theory that individuates properties by their intra-level causal powers as well as their inter-level realization capacities. (shrink)

I use Carl Gillett’s much heralded dimensioned theory of realization as a platform to develop a plausible part–whole theory. I begin with some basic desiderata for a theory of realization that its key terms should be defined and that it should be explanatory. I then argue that Gillett’s original theory violates these conditions because its explanatory force rests upon an unspecified “in virtue of” relation. I then examine Gillett’s later version that appeals instead to theoretical terms tied to “mechanisms.” Yet (...) I argue that it too violates the desiderata, since it defines realization for mechanisms in terms of two undefined ideas whose explanatory credentials have not been established—“implementation” and “grounds.” Thus I drop those ideas in favor of an explicit constraint that the parts and properties provide a mechanistic explanation. I also distinguish a special mechanistic theory from a preferred general theory that incorporates other kinds of part–whole explanations that target causal powers or capacities. The result is a theory that has the explanatory virtues of mechanistic theories as well as a broader scope desired by Gillett. I also compare the result to a similar idea from Robert Cummins that has been neglected in recent discussions of realization, namely, his general property analysis rather than his functional analysis. Finally, I defend the preferred general theory against possible objections that attempt to show a conflict between metaphysical demands on a theory of realization versus facts about good scientific explanation. (shrink)

Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188. Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which (...) reconciles controversy as to the content of the law, with the model of a legal system as a system of rules. And I discuss the implications for understanding the role of judicial discretion in law. (shrink)

No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...) ask what counts as a 'deficit' in the rule of law, and I argue that none of these features of legal practice necessarily amounts to a deficit. I conclude that communities fail to achieve the rule of law only because of official infidelity to law, and the failure of lawmakers to pursue the ideal (or their decision not to pursue it). The rule of law is not necessarily unattainable. (shrink)

The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in (...) formulations of the law leads to discretion in adjudication (including Dworkin's) cannot accommodate “higher-order” vagueness, (ii) A legal theory should accept that the law is partly indeterminate when it can be stated in vague language, (iii) However, the traditional formulation of the indeterminacy claim, that a vague statement is “neither true nor false” in a borderline case, is misconceived and should be abandoned. (shrink)

A state is sovereign if it has complete power within a political community, and complete independence. It may seem that the idea of sovereignty is objectionable because of two moral principles, or incoherent because of a paradox. The paradox is that a sovereign state must be capable of binding itself and must also be incapable of binding itself. The moral principles are that no state can justly exercise complete power internally, or complete independence (since complete independence would imply freedom from (...) norms of ius cogens, and from interference with mass atrocities by the state). Through an analogy with human autonomy, I argue that the paradox is only apparent, and that the moral principles are compatible with state sovereignty. So the idea of sovereignty is a coherent idea, and sovereignty, rightly understood, is a valuable feature of states in international law. Sovereignty is to be understood as internal power and external freedom that are complete for the purposes of a good state. (shrink)

It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a new liability, and giving effect to a liability that the defendant had at the time of the events in dispute. The distinction is to be drawn by asking which of the court's reasons for decision the institutions of the legal system had already committed the courts to act (...) upon, before the time of decision. I explain these conclusions through an assessment of the last episode in the debate between H.L.A.Hart and Ronald Dworkin. (shrink)

I focus on and criticize John Searle's argument against a classical computational view of the mind according to which the attribution of syntax is observer relative (in Searle, Rediscovery of Mind, MIT Press, 1992). Searle's argument is interesting inasmuch as it differs from his previous and more well-known argument that syntax is not sufficient for semantics. This argument aims to undercut even the syntax as something that exists only in the eye of the beholder. I show that Searle's argument rests (...) on premises that go unsupported. (shrink)

In this paper I offered a friendly amendment to Paul Churchland’s a well-known criticism of Frank Jackson’s knowledge argument. According to Jackson’s argument, a hypothetical Mary, living in her darkened stimulus-impoverished environment, knows all information from physical science about the perception of color but still does not know everything, e.g., what it is like to experience the color red. Churchland offered a refutation by analogy whereby Mary is an ectoplasmologist who knows all the supposed nonphysical things that friends of the (...) hard problem of qualia believe about that phenomenon. So Mary knows everything ectoplasmic about the perception of color but still does not know everything – what it is like to experience the color red. I made a necessary adjustment whereby Mary is not just an ectoplasmologist but a dualist who knows everything physical and ectoplasmic about the perception of color. By the same reasoning, then, the Jackson-style argument would refute dualism too. I also offered a diagnosis of the problem much in the spirit of other criticisms, namely, that things like experiencing red or riding a bicycle can be fully physical even though Mary would not “know how” to experience red or ride a bicycle simply by possessing all the “know that”/propositional/book-learning about those things. (shrink)

Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality– (...) albeit a modest connection that is compatible with deep moral defects in the law. (shrink)

In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights from that (...) of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)