Ross, Alf Loar, Brian, Editor.Directives and Norms. New York: Humanities Press, [1967]. ix, 188 pp. Reprint available April 2009 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-961-2. ISBN-10: 1-58477-961-6. Cloth with dust jacket. $65.00 * Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are (...) his principal works. In Directives and Norms Ross asks whether imperatives (or, to use his term, 'directives') are subject to logic in the same way as indicatives. He shows the difference between indicative and directive discourse and explains the concepts 'directive' and 'norm' as they function in the social sciences, especially in the study of law. A contemporary essay in the Modern Law Review (32:544), though critical of this work, was still impressed by its "clear and convincing account" of these processes. (shrink)

What are the affordances of artifacts? One view is that the affordances of artifacts, just as the affordances of natural objects, pertain to possible ways in which they can be manipulated. Another view maintains that, given that artifacts are sociocultural objects, their affordances pertain primarily to their culturally-derived function. Whereas some have tried to provide a unifying notion of affordance to capture both aspects, here I argue that they should be kept separate. In this paper, I introduce a distinction between (...) standard affordances, which concern the function of artifacts, and ad-hoc affordances, which refer to how artifacts are manipulated. I then argue for the neuropsychological plausibility of such a distinction, linking it to the dissociation between function knowledge and manipulation knowledge. Finally, I defend the equal status of these forms of knowledge and, hence, of standard and ad-hoc affordances, and I show that this has some implications for the debate on the role of motor processes in the conceptual knowledge of artifacts. (shrink)

In this paper we consider the emerging position in metaphysics that artifact functions characterize real kinds of artifacts. We analyze how it can circumvent an objection by David Wiggins (Sameness and substance renewed, 2001, 87) and then argue that this position, in comparison to expert judgments, amounts to an interesting fine-grained metaphysics: taking artifact functions as (part of the) essences of artifacts leads to distinctions between principles of activity of artifacts that experts in technology have not yet made. We show, (...) moreover, that our argument holds not only in the artifactual realm but also in biology: taking biological functions as (part of the) essences of organs leads to distinctions between principles of activity of organs that biological experts have not yet made. We run our argument on the basis of analyses of artifact and biological functions as developed in philosophy of technology and of biology, thus importing results obtained outside of metaphysics into the debate on ontological realism. In return, our argument shows that a position in metaphysics provides experts reason for trying to detect differences between principles of activities of artifacts and organs that have not been detected so far. (shrink)

In this paper we consider the emerging position in metaphysics that artifact functions characterize real kinds of artifacts. We analyze how it can circumvent an objection by David Wiggins (Sameness and substance renewed, 2001, 87) and then argue that this position, in comparison to expert judgments, amounts to an interesting fine-grained metaphysics: taking artifact functions as (part of the) essences of artifacts leads to distinctions between principles of activity of artifacts that experts in technology have not yet made. We show, (...) moreover, that our argument holds not only in the artifactual realm but also in biology: taking biological functions as (part of the) essences of organs leads to distinctions between principles of activity of organs that biological experts have not yet made. We run our argument on the basis of analyses of artifact and biological functions as developed in philosophy of technology and of biology, thus importing results obtained outside of metaphysics into the debate on ontological realism. In return, our argument shows that a position in metaphysics provides experts reason for trying to detect differences between principles of activities of artifacts and organs that have not been detected so far. (shrink)

The World 3 theory outlined by Popper in the 1960s has been diversely received, raising enthusiasms as well as severe criticisms. In this paper, I resituate the theory in the development of Popper’s philosophy. I not only present the three “sources” of W3, but I also show that the first one dominates the two others. Comparing it with a few other evolutionary philosophies, I propose to understand Popper’s metaphysics as part of an evolutionary and spiritualist philosophy, which was, however, always (...) balanced by a strong ethical reminder of the inescapability of human responsibility. (shrink)

Many prescriptions offered in the literature for enhancing creativity and innovation in organizations raise ethical concerns, yet creativity researchers rarely discuss ethics. We identify four categories of behavior proffered as a means for fostering creativity that raise serious ethical issues: breaking rules and standard operating procedures; challenging authority and avoiding tradition; creating conflict, competition and stress; and taking risks. We discuss each category, briefly identifying research supporting these prescriptions for fostering creativity and then we delve into ethical issues associated with (...) engaging in the prescribed behavior. These four rubrics illustrate ethical issues that need to be incorporated into the creativity and innovation literature. Recommendations for how organizations can respond to the ethical issues are offered based on practices of exemplary organizations and theories of organizational ethics. A research agenda for empirically investigating the ethical impact these four categories of behavior have on organizations concludes the article. (shrink)

Beginning with Aristotle, philosophers have taken artifacts to be ontologically deficient. This paper proposes a theory of artifacts, according to which artifacts are ontologically on a par with other material objects. I formulate a nonreductive theory that regards artifacts as constituted by - but not identical to - aggregates of particles. After setting out the theory, I rebut a number of arguments that disparage the ontological status of artifacts.

Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are his principal works. In Directives and Norms Ross asks whether imperatives (or, to use his term, 'directives') are subject to logic in the same way as indicatives. He shows the difference between indicative and (...) directive discourse and explains the concepts 'directive' and 'norm' as they function in the social sciences, especially in the study of law. A contemporary essay in the Modern Law Review (32:544), though critical of this work, was still impressed by its "clear and convincing account" of these processes. (shrink)

Il CRED, Centro di ricerca per l’estetica del diritto, ha sede presso il Dipartimento di Giurisprudenza ed Economia dell’Università Mediterranea di Reggio Calabria.

This Handbook maps a central terrain of philosophy, and provides the definitive guide to it. An illustrious team of philosophers explore the concept of a reason to do or believe something, in order to determine what these reasons are and how they work. And they investigate the nature of 'normative' claims about what we ought to do or believe.

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

In this collection of essays, the first translation into English of the ground-breaking 'Normativität und Macht' (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights (...) from the disciplines of philosophy, history, and the social sciences, Forst revaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification. Translated from German. (shrink)

Hare has written a clear, brief, and readable introduction to ethics which looks at all the fundamental problems of the subject.

Part I The Imperative Mood 'Virtue, then, is a disposition governing our choices '. ARISTOTLE, Eth. Nic. 36 Prescriptive Language. ...

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy (...) and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of cognitive (...) biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. -/- Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic. (shrink)

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The aim of this paper is to evaluate etiological accounts of functions for the domain of technical artefacts. Etiological theories ascribe functions to items on the basis of the causal histories of those items; they apply relatively straightforwardly to the biological domain, in which neo-Darwinian evolutionary theory provides a well-developed and generally accepted background for describing the causal histories of biological items. Yet there is no well-developed and generally accepted theory for describing the causal history of artefacts, so the application (...) of etiological theories to the technical domain is hardly straightforward. In this paper we consider the transposition of etiological theories in general from the biological to the technical domain. We argue that a number of etiological theories that appear defensible for biology become untenable for technology. We illustrate our argument by showing that the standard etiological accounts of Neander and Millikan, and some recent attempts to improve on them, provide examples of such untenable theories. 1 Introduction 2 Desiderata for theories of functions 3 Etiological theories in general 3.1 Common core and divergent aims 3.2 Reproduction versus non-reproduction etiological theories 3.3 Intentionalist versus non-intentionalist etiological theories 4 Problems for etiological theories in the technical domain 5 The failure of existing reproduction theories 6 The failure of existing non-reproduction theories 7 Improving reproduction by hybridisation 8 Conclusions. (shrink)

Goodness -- Goodness properties -- Expressivism -- Betterness relations -- Virtue/kind properties -- Correctness properties (acts) -- Correctness properties (mental states) -- Reasons-for (mental states) -- Reasons-for (acts) -- On some views about "ought" : relativism, dilemmas, means-ends -- On some views about "ought" : belief, outcomes, epistemic ought -- Directives -- Addendum 1: "Red" and "good" -- Addendum 2: Correctness -- Addendum 3: Reasons -- Addendum 4: Reasoning.

Searle’s tool for understanding culture, law and society is the opposition between brute reality and institutional reality, or in other words between: observer-independent features of the world, such as force, mass and gravitational attraction, and observer-relative features of the world, such as money, property, marriage and government. The question posed here is: under which of these two headings do moral concepts fall? This is an important question because there are moral facts – for example pertaining to guilt and responsibility – (...) which hover uncomfortably close to the boundary between the observer-relative and the observer-independent. By means of a thought experiment involving an imagined Chinese society in which guilt is determined by the random throwing of sticks, I seek to show that moral concepts threaten the foundations of Searle’s philosophy of social reality. (shrink)

In The Construction of Social Reality, John Searle argues that there are two kinds of facts--some that are independent of human observers, and some that require..

The study of rationality and practical reason, or rationality in action, has been central to Western intellectual culture. In this invigorating book, John Searle lays out six claims of what he calls the Classical Model of rationality and shows why they are false. He then presents an alternative theory of the role of rationality in thought and action. A central point of Searle's theory is that only irrational actions are directly caused by beliefs and desires—for example, the actions of a (...) person in the grip of an obsession or addiction. In most cases of rational action, there is a gap between the motivating desire and the actual decision making. The traditional name for this gap is "freedom of the will." According to Searle, all rational activity presupposes free will. For rationality is possible only where one has a choice among various rational as well as irrational options. Unlike many philosophical tracts, Rationality in Action invites the reader to apply the author's ideas to everyday life. Searle shows, for example, that contrary to the traditional philosophical view, weakness of will is very common. He also points out the absurdity of the claim that rational decision making always starts from a consistent set of desires. Rational decision making, he argues, is often about choosing between conflicting reasons for action. In fact, humans are distinguished by their ability to be rationally motivated by desire-independent reasons for action. Extending his theory of rationality to the self, Searle shows how rational deliberation presupposes an irreducible notion of the self. He also reveals the idea of free will to be essentially a thesis of how the brain works. (shrink)

Artefacts can influence our actions in several ways. They can be instruments, enabling and facilitating actions, where their presence affects the number and quality of the options for action available to us. They can also influence our actions in a morally more salient way, where their presence changes the likelihood that we will actually perform certain actions. Both kinds of influences are closely related, yet accounts of how they work have been developed largely independently, within different conceptual frameworks and for (...) different purposes. In this paper I account for both kinds of influences within a single framework. Specifically, I develop a descriptive account of how the presence of artefacts affects what we actually do, which is based on a framework commonly used for normative investigations into how the presence of artefacts affects what we can do. This account describes the influence of artefacts on what we actually do in terms of the way facts about those artefacts alter our reasons for action. In developing this account, I will build on Dancy’s (2000a) account of practical reasoning. I will compare my account with two alternatives, those of Latour and Verbeek, and show how my account suggests a specification of their respective key concepts of prescription and invitation. Furthermore, I argue that my account helps us in analysing why the presence of artefacts sometimes fails to influence our actions, contrary to designer expectations or intentions. (shrink)

Can there be rules of language which serve both to determine meaning and to guide speakers in ordinary linguistic usage, i.e., in the production of speech acts? We argue that the answer is no. We take the guiding function of rules to be the function of serving as reasons for actions, and the question of guidance is then considered within the framework of practical reasoning. It turns out that those rules that can serve as reasons for linguistic utterances cannot be (...) considered as normative or meaning determining. Acceptance of such a rule is simply equivalent to a belief about meaning, and does not even presuppose that meaning is determined by rules. Rules that can determine meaning, on the other hand, i.e., rules that can be regarded as constitutive of meaning, are not capable of guiding speakers in the ordinary performance of speech acts. (shrink)

This study purports to demonstrate the possibility of applying logical analysis in the field of jurisprudence, and the usefulness of this method for exhibiting some essential features of the law.logical analysis applies to language systems. To carry out the logical analysis of a language, is to construct a simplified model language “in close connection with” the given language, and to study the conditions of validity of the sentences of this model language. The given language is subjected to a kind of (...) purifying chemical process. To deal with this simplified language seems to be a detour; it is, however, the most direct way to an ultimate insight into the logical structure of the given language. (shrink)

Excerpts from Robert Nozick's "Invariances" Necessary truths are invariant across all possible worlds, contingent ones across only some.

“Public” is here treated by its three extensions: most broadly, from the merely extrasomatic, where users of representations are initially distinguished from makers, through ‘published’ or for the general public, to the governmental, official—where the discussion begins, before turning in its second half to the more common, middle meaning. What is public in these ways, “spatial representation”, also has the different meanings of representation of space or representation by spatial means, and there are several kinds of space to be considered. (...) The styles of the two halves contrast, that of the first being an inductive mapping of neglected conceptual terrain of directive representations, that of the second linear: a continuous argument in answer to a question regarding descriptive spatial representation in the digital age. The common thread is the public as users of all such cognitive artifacts, and this use as interactive, with a range of implications for social collectivity. (shrink)

A widespread opinion holds that norms and codes of conduct as such can only be established via words, that is, in some lexical form. This perspective can be criticized: some norms produced by human acts are not word-based at all. For example, many norms are actually conveyed through graphics (e. g. road signs and land-use maps), sounds (e. g. the referee’s whistle), a silent gesture (the traffic warden’s signal to halt). In this article, we will focus on the norms that (...) are created by means of drawings and can be termed “drawn norms” or “graphical norms.” Specifically, we will inquire into the phenomenon of graphical norms with particular regard to traffic signs and land-use plans, and we will discuss the philosophical and legal problems to which these phenomena give rise. (shrink)

This article is a response to Frank Hindriks’ “Restructuring Searle’s Making the Social World.”.

Husserl (1859-1938) hatte sich in seinem Werk "Formale und transzendentale Logik" das Ziel gesetzt, den inneren Sinn, die Gliederung und Zusammengehörigkeit all dessen nachzuweisen, was bislang an logischen Problemen behandelt worden war, und die Notwendigkeit einer phänomenologischen Durchleuchtung der gesamten logischen Problematik darzutun. Ein Hauptstück der analytisch-deskriptiven Untersuchungen, die einer solchen phänomenologischen Begründung der Logik dienen, ist "Erfahrung und Urteil". Das Buch entstand in Zusammenarbeit mit Schülern und Mitarbeitern.

Because much of the recent philosophical interest in functions has been motivated by their application in biology and other sciences, most of the ensuing discussions have focused on functional explanations to the neglect of the practical role of functional knowledge. This practical role is essential for understanding how users form plans involving artifacts. We introduce the concept of instrumental function which is intended to capture the features of functional claims that are relevant to practical—in particular, instrumental—reasoning. We discuss the four (...) primary features of an instrumental function ascription, the teleological component of such ascriptions and give a clear definition of malfunction in terms of incapability to perform as well as “normal” tokens of the same type. (shrink)