We explore the computational complexity of justification, stability and relevance in incomplete argumentation frameworks (IAFs). IAFs are abstract argumentation frameworks that encode qualitative uncertainty by distinguishing between certain and uncertain arguments and attacks. These IAFs can be completed by deciding for each uncertain argument or attack whether it is present or absent. Such a completion is an abstract argumentation framework, for which it can be decided which arguments are acceptable under a given semantics. The justification status of (...) an argument in a completion then expresses whether the argument is accepted (in), not accepted because it is attacked by an accepted argument (out) or neither (undec). For a given IAF and certain argument, the justification status of that argument need not be the same in all completions. This is the issue of stability, where an argument is stable if its justification status is the same in all completions. For arguments that are not stable in an IAF, the relevance problem is of interest: which uncertain arguments or attacks should be investigated for the argument to become stable? In this paper, we define justification, stability and relevance for IAFs and provide a complexity analysis for these problems under grounded, complete, preferred and stable semantics. (shrink)

Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so grounded, (...) deterrence and retributive theories are incomplete as they are typically formulated. The intuitions behind these theories can be satisfied in a variety of complete theories, i.e., theories that understand the justification of punishment in relation to the justification of state authority. A consequence of this is that at least some of the intuitions underlying deterrence and retributive theories can be satisfied at the same time by a given theory. (shrink)

David Hume's A Treatise of Human Nature is famous for its extreme skepticism. Louis Loeb argues that Hume's destructive conclusions have in fact obscured a constructive stage that Hume abandons prematurely. Working within a philosophical tradition that values tranquillity, Hume favors an epistemology that links justification with settled belief. Hume appeals to psychological stability to support his own epistemological assessments, both favorable regarding causal inference, and unfavorable regarding imaginative propensities. The theory's success in explaining Hume's epistemic distinctions gives way (...) to pessimism, since Hume contends that reflection on beliefs is deeply destabilizing. So much the worse, Hume concludes, for placing a premium on reflection. Hume endorses and defends the position that stable beliefs of unreflective persons are justified, though they would not survive reflection. At the same time, Hume relishes the paradox that unreflective beliefs enjoy a preferred epistemic status and strains to establish it. Loeb introduces a series of amendments to the Treatise that secures a more positive result for justified belief while maintaining Hume's fundamental principles. In his review of Hume's applications of his epistemology, Loeb uncovers a stratum of psychological doctrine beyond associationism, a theory of conditions in which beliefs are felt to conflict and of the resolution of this uneasiness or dissonance. This theory of mental conflict is also essential to Hume's strategy for integrating empiricism about meaning with his naturalism. However, Hume fails to provide a general account of the conditions in which conflicting beliefs lead to persisting instability, so his theory is incomplete. Loeb explores Hume's concern with stability in reference to his discussions of belief, education, the probability of causes, unphilosophical probability, the belief in body, sympathy and moral judgment, and the passions, among other topics. (shrink)

In this paper I argue that internalistic foundationalist theories of the justification of memory belief are inadequate. Taking a discussion of John Pollock as a starting point, I argue against any theory that requires a memory belief to be based on a phenomenal state in order to be justified. I then consider another version of internalistic foundationalism and claim that it, too, is open to important objections. Finally, I note that both varieties of foundationalism fail to account for the (...) epistemic status of our justified nonoccurrent beliefs, and hence are drastically incomplete. (shrink)

BackgroundCurrent guidelines do not clearly outline when assent should be attained from paediatric research participants, nor do they detail the necessary elements of the assent process. This stems from the fact that the fundamental justification behind the concept of assent is misunderstood. In this paper, we critically assess three widespread ethical arguments used for assent: children’s rights, the best interests of the child, and respect for a child’s developing autonomy. We then outline a newly-developed two-fold justification for the (...) assent process: respect for the parent’s pedagogical role in teaching their child to become an autonomous being and respect for the child’s moral worth.DiscussionWe argue that the ethical grounding for the involvement of young children in medical decision-making does not stem from children’s rights, the principle of best interests, or respect for developing autonomy. An alternative strategy is to examine the original motivation to engage with the child. In paediatric settings there are two obligations on the researcher: an obligation to the parents who are responsible for determining when and under what circumstances the child develops his capacity for autonomy and reasoning, and an obligation to the child himself. There is an important distinction between respecting a decision and encouraging a decision. This paper illustrates that the process of assent is an important way in which respect for the child as an individual can be demonstrated, however, the value lies not in the child’s response but the fact that his views were solicited in the first place.SummaryThis paper demonstrates that the common justifications for the process of assent are incomplete. Assent should be understood as playing a pedagogical role for the child, helping to teach him how specific decisions are made and therefore helping him to become a better decision-maker. How the researcher engages with the child supports his obligation to the child’s parents, yet why the researcher engages with the child stems from the child’s moral worth. Treating a child as having moral worth need not mean doing what they say but it may mean listening, considering, engaging or involving them in the decision. (shrink)

In the article the problem of independence in mathematics is discussed. The status of the continuum hypothesis, large cardinal axioms and the axiom of constructablility is presented in some detail. The problem whether incompleteness is really relevant for ordinary mathematics and for empirical science is investigated. Another aim of the article is to give some arguments for the thesis that the problem of reliability and justification of new axioms is well-posed and worthy of attention. In my opinion, investigations concerning (...) the status of independent sentences give insight into our understanding of mathematical concepts, of mathematical knowledge and of the role of mathematics in empirical science. (shrink)

Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and its central but (...) ambiguous presumption against coercion. By drawing on the theory of structural coercion, a main conclusion of the paper is that the asymmetric convergence model ultimately encounters the very incompleteness problems that its proponents often associate with more familiar consensus models of public justification. The paper also develops an alternative, Rawlsian-inspired account of public justification that includes elements of both convergence and consensus but not asymmetry. The Rawlsian model enables us to understand how democratic decisions may possess a degree of procedural, but still morally significant, liberal legitimacy under conditions of pluralism even when citizens fail to agree fully about either the premises of or conclusions to their political arguments. (shrink)

This article develops a constructive criticism of methodological conventionalism. Methodological conventionalism asserts that standards of inductive risk ought to be justified in virtue of their ability to facilitate coordination in a research community. On that view, industry bias occurs when conventional methodological standards are violated to foster industry preferences. The underlying account of scientific conventionality, however, is problematically incomplete. Conventions may be justified in virtue of their coordinative functions, but often qualify for posterior empirical criticism as research advances. Accordingly, (...) industry bias does not only threaten existing conventions but may impede their empirically warranted improvement if they align with industry preferences. My empiricist account of standards of inductive risk avoids such a problem by asserting that conventional justification can be pragmatically warranted but has, in principle, only a provisional status. Methodological conventions, therefore, should not only be defended from preference-based infringements on their coordinative function but ought to be subjected to empirical criticism. (shrink)

To respond to the charge of context-insensitivity, discourse ethics distinguishes justification discourses, which only require that we consider what is equally good for all, and subsequent application discourses, in which the perspective of concrete others must be adopted. This article argues that, despite its pragmatic attractiveness, the separation of justification and application neglects the co-constitutive role that applicability plays for the meaning of normativity. Norms that do not, in a machine-like fashion, produce their cases, cannot already contain their (...) appropriateness to the cases that nonetheless alone justify the existence of norms in th first place. The higher-order norm of appropriateness that enters normativity with th dependence on applications is one that remains implicit, and impossible to determine in advance. Thus, the justification of a norm is always incomplete for conceptual and not merely empirical reasons, as fallibilism typically has it. (shrink)

I argue that numerical and causal accuracy arguments can be successful only if: (1) the theories in use are known to be true, (2) computational difficulties do not exist, and (3) the experimental data are stable and resolved. When any one or more of these assumptions are not satisfied, additional justificational considerations must be invoked. I illustrate the need for range of validity and intelligibility claims with examples drawn from chemical kinetics. My arguments suggest that the realist and anti-realist accounts (...) of justification are incomplete. Finally, I sketch some reasons why additional justificatory criteria are needed. (shrink)

Progress in emergency and critical care requires that clinical research be performed on patients who are incapable of granting consent for research participation. Analyses of the ethics of such research have left some questions incompletely answered. Why should we be permitted to expose vulnerable patients to research risks without their consent? In particular, how do we justify research interventions that have no potential benefit for participants (nontherapeutic interventions)? This article presents a moral justification for nontherapeutic interventions in emergency research. (...) By relying on a framework for assessing research risks, and by drawing on the example of pediatric research, this justification is founded in how institutional review boards, and society in general, analyze risk. Our justification for emergency research also suggests additional protections for emergency research participants, including a stringent threshold for research risk, that still permit important research to proceed. (shrink)

The Common Prior Assumption (CPA) plays an important role in game theory and the economics of information. It is the basic assumption behind decision-theoretic justifications of equilibrium reasoning in games (Aumann, 1987, Aumann and Brandenburger, 1995) and no-trade results with asymmetric information (Milgrom and Stokey, 1982). Recently several authors (Dekel and Gul, 1997, Gul, 1996, Lipman, 1995) have questioned whether the CPA is meaningful in situations of incomplete information, where there is no ex ante stage and where the primitives (...) of the model are the individuals' beliefs about the external world (their first-order beliefs), their beliefs about the other individuals' beliefs (second-order beliefs), etc., i.e. their hierarchies of beliefs. In this context, the CPA is a mathematical property whose conceptual content is not clear. The main results of this paper (Theorems 1 and 2) provide a characterization of Harsanyi consistency in terms of properties of the belief hierarchies that are entirely unrelated to the idea of an ex ante stage. (shrink)

The aim of this paper is to suggest a new interpretation to the Gettier problem by showing that the standard JTB definition of knowledge is not epistemologically incomplete, being at the same time formally incomplete. The Gettier problem is shown to emerge through the implicit self-application of the JTB definition of knowledge to prove its own incompleteness. A conclusion is drawn, which runs counter to the traditional view that the problem necessarily requires a conceptual amendment of the standard (...) defi nition, in spite of the formal incompleteness of the latter. The Gettier problem is construed to be related to the ancient Meno problem within a contemporary justifi cational discourse. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility, meant as an extended model of corporate governance of the firm. It focuses on justification according to the contractarian point of view. It begins by providing a definition of CSR as an extended model of corporate governance, based on the fiduciary duties owed to all the firm's stakeholders. Then, by establishing the basic context of incompleteness of contracts and abuse of authority, it analyses how (...) the extended view of corporate governance arises directly from criticism of the contemporary neo-institutional economic theory of the firm. Thereafter, an application of the theory of bargaining games is used to deduce the structure of a multi-stakeholder firm, on the basis of the idea of a constitutional contract, which satisfies basic requirements of impartial justification and accordance with intuitions of social justice. This is a sequential model of constitutional bargaining, whereby a constitution is first chosen, and then a post-constitutional coalition game is played. On the basis of the unique solution given to each step in the bargaining model, the quest for a prescriptive theory of governance and strategic management is accomplished, so that I am able to define an objective-function for the firm consistent with the idea of CSR. Finally, a contractarian potential explanation for the emergence of the multi-fiduciary firm is provided. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. It focuses on justification according to the contractarian point of view (leaving compliance and implementation problems to a related article, [Sacconi 2004b, forthcoming in the Journal of Business Ethics]). It begins by providing a definition of CSR as an extended model of corporate governance, based on the fiduciary duties owed to all the (...) firm’s stakeholders. Then, by establishing the basic context of incompleteness of contracts and abuse of authority, it analyses how the extended view of corporate governance arises directly from criticism of the contemporary neo-institutional economic theory of the firm. Thereafter, an application of the theory of bargaining games is used to deduce the structure of a multi-stakeholder firm, on the basis of the idea of a constitutional contract, which satisfies basic requirements of impartial justification and accordance with intuitions of social justice. This is a sequential model of constitutional bargaining, whereby a constitution is first chosen, and then a post-constitutional coalition game is played. On the basis of the unique solution given to each step in the bargaining model, the quest for a prescriptive theory of governance and strategic management is accomplished, so that I am able to define an objective-function for the firm consistent with the idea of CSR. Finally, a contractarian potential explanation for the emergence of the multi-fiduciary firm is provided. (shrink)

In recent work, Andrew T. Forcehimes and Robert B. Talisse correctly note that G.A. Cohen’s fact-insensitivity thesis, properly understood, is explanatory. This observation raises an important concern. If fact-insensitive principles are explanatory, then what role can they play in normative deliberations? The purpose of my paper is, in part, to address this question. Following David Miller, I indicate that on a charitable understanding of Cohen’s thesis, an explanatory principle explains a justificatory fact by completing an otherwise logically incomplete inference. (...) As a result, the explanatory role such a principle plays is inseparable from its status as a (not necessarily successful) justificatory reason. With this interpretation in hand, I then proceed to argue that Lea Ypi’s and Robert Jubb’s recent criticisms fail to undermine Cohen’s thesis, and that fact-insensitive principles, once discovered, are especially helpful for purposes of deliberation in circumstances characterized by changing and changeable feasibility constraints. (shrink)

The author introduces a normative conception of coherence, derived from a pragmatic interpretation of the application of norms to concrete cases. A distinction is made between the justification of a norm and its application. In the case of moral norms, justification and application can be analysed as two different discursive procedures which give rise to different aspects of the principle of impartiality. Impartial justification requires a procedure by which all interests concerned are taken into account whereas impartial (...) application requires a procedure where all features of a situation are considered. The complete description of a concrete case makes necessary a coherent interpretation of all the valid norms which are prima facie applicable. This requirement of an ideal coherent system of norms is restricted to interpretive “paradigms” in the case of legal norms, because it is necessary to produce singular judgments under the restrictive conditions of scarce time and incomplete knowledge. (shrink)

In this paper we argue that an existing theory of concepts called dynamic frame theory, although not developed with that purpose in mind, allows for the precise formulation of a number of problems associated with induction from a single instance. A key role is played by the distinction we introduce between complete and incomplete dynamic frames, for incomplete frames seem to be very elegant candidates for the format of the background knowledge used in induction from a single instance. (...) Furthermore, we show how dynamic frame theory provides the terminology to discuss the justification and the fallibility of incomplete frames. In the Appendix, we give a formal account of incomplete frames and the way these lead to induction from a single instance. (shrink)

The idea that citizens have a right to receive information that is relevant for their suitable exercise of political rights and liberties is well established in democratic societies. However, this right has never been systematically analyzed, thus remaining a blurry concept. This article tackles this conceptual gap by conceptualizing citizens’ right to information. After reviewing previous approaches to this idea, I locate citizens’ right to information on the map of communication rights, and put forward a systematic framework for both justifying (...) and analyzing it. This framework focuses on this right’s grounds, its function, its holders, its content, and its correlative duties. Although the conceptualization offered here will be incomplete, it will be enough to distinguish the general concept of citizens’ right to information from both its specific conceptions and from the other two best-known rights of the public: freedom of information and the public’s right to know. (shrink)

: When may a physician legitimately offer enrollment in a randomized clinical trial (RCT) to her patient? Two answers to this question have had a profound impact on the research ethics literature. Equipoise, as originated by Charles Fried, which we term Fried's equipoise (FE), stipulates that a physician may offer trial enrollment to her patient only when the physician is genuinely uncertain as to the preferred treatment. Clinical equipoise (CE), originated by Benjamin Freedman, requires that there exist a state of (...) honest, professional disagreement in the community of expert practitioners as to the preferred treatment. FE and CE are widely understood as competing concepts. We argue that FE and CE offer separable and, in themselves, incomplete justifications for the conduct of clinical trials. FE articulates conditions under which the fiduciary duties of physician to patient may be upheld in the conduct of research. CE sets out a standard for the social approval of research by institutional review boards. Viewed in this way, FE and CE are not necessarily competing notions, but rather address complementary moral concerns. (shrink)

Violence sells, Americans have what sometimes seems to be an insatiable appetite for it. Depictions and descriptions of violence saturate our culture. songs urge us to rape women, kill police officers, and commit suicide. Movies portray-indeed they glorifyviolence as an intrinsic element of every imaginable plot line.Despite substantial evidence that an individual’s repeated exposure to portrayals of violence is associated with significantly increased likelihood that the individual will commit aggressive acts against others, no legal regime currently regulates such portrayals either (...) on television, in music, in movies, or in video games. Neither Congress, the Federal Communications Commission, the Federal Trade Commission, nor any state legislature has yet mustered the political will to impose substantial or systematic legal constraints upon producers or purveyors of violent images. Official censorship is rightly to be feared, but unreflective invocations of our commitment to freedom of speech provide incomplete justification for our legal regime’s apparent indifference to the possibility that media-induced violence may impose substantial costs on innocent victims. (shrink)

Violence sells, Americans have what sometimes seems to be an insatiable appetite for it. Depictions and descriptions of violence saturate our culture. songs urge us to rape women, kill police officers, and commit suicide. Movies portray-indeed they glorifyviolence as an intrinsic element of every imaginable plot line.Despite substantial evidence that an individual’s repeated exposure to portrayals of violence is associated with significantly increased likelihood that the individual will commit aggressive acts against others, no legal regime currently regulates such portrayals either (...) on television, in music, in movies, or in video games. Neither Congress, the Federal Communications Commission, the Federal Trade Commission, nor any state legislature has yet mustered the political will to impose substantial or systematic legal constraints upon producers or purveyors of violent images. Official censorship is rightly to be feared, but unreflective invocations of our commitment to freedom of speech provide incomplete justification for our legal regime’s apparent indifference to the possibility that media-induced violence may impose substantial costs on innocent victims. (shrink)

How children seek knowledge and evaluate claims may depend on their understanding of the source of knowledge. What shifts in their understandings about why scientists might disagree and how claims about the state of the world are justified? Until about the age of 41/2, knowledge is seen as self-evident. Children believe that knowledge of reality comes directly through our senses and what others tell us. They appeal to these external sources in order to know. The attainment of Theory of Mind (...) (ToM) at this age is commonly seen as the significant shift in development in understanding disagreements in knowledge claims. Children attaining ToM understand that someone exposed to incorrect or incomplete information might have false beliefs. Disagreement, then, is still attributed to objective sources of knowledge. The current study examines the later developing Interpretive Theory of Mind (iToM) as the basis for children’s understanding of how people with access to the same information might disagree and what this means for how to provide justification for a knowledge claim. Fourteen 2nd graders with the most iToM responses to four tasks and 14 with the fewest iToM responses were selected from a larger sample of 91. In analyses of interviews about a story in which two experts make different claims about a scientific phenomenon, those in the high iToM group noted subjective perspective and processes as the source of disagreement and suggested the need for investigation as the means to knowing. In contrast, those in the low iToM group mostly could not explain the source of disagreement and held that knowledge is acquired from external sources. A comparison of the interviews regarding the science story 2 years later allows for a qualitative description of the development. Those in the low iToM group showed more general recognition of subjective and constructive processes in knowing whereas those in the high iToM group identified interpretive processes and the relativity of perspectives with implications for how observations were conducted and interpreted. Only those in the high iToM group referred to the importance of evidence as a basis for knowledge claims at either point in the study. (shrink)

People increasingly form beliefs based on information gained from automatically filtered Internet ‎sources such as search engines. However, the workings of such sources are often opaque, preventing ‎subjects from knowing whether the information provided is biased or incomplete. Users’ reliance on ‎Internet technologies whose modes of operation are concealed from them raises serious concerns about ‎the justificatory status of the beliefs they end up forming. Yet it is unclear how to address these concerns ‎within standard theories of knowledge and (...) justification. To shed light on the problem, we introduce a ‎novel conceptual framework that clarifies the relations between justified belief, epistemic responsibility, ‎action, and the technological resources available to a subject. We argue that justified belief is subject to ‎certain epistemic responsibilities that accompany the subject’s particular decision-taking circumstances, ‎and that one typical responsibility is to ascertain, so far as one can, whether the information upon which ‎the judgment will rest is biased or incomplete. What this responsibility comprises is partly determined by ‎the inquiry-enabling technologies available to the subject. We argue that a subject’s beliefs that are ‎formed based on Internet-filtered information are less justified than they would be if she either knew how ‎filtering worked or relied on additional sources, and that the subject may have the epistemic ‎responsibility to take measures to enhance the justificatory status of such beliefs.‎. (shrink)

We consider a seemingly popular justification (we call it the Re-flexivity Defense) for the third derivability condition of the Hilbert-Bernays-Löb generalization of Godel's Second Incompleteness Theorem (G2). We argue that (i) in certain settings (rouglily, those where the representing theory of an arithmetization is allowed to be a proper subtheory of the represented theory), use of the Reflexivity Defense to justify the tliird condition induces a fourth condition, and that (ii) the justification of this fourth condition faces serious (...) obstacles. We conclude that, in the types of settings mentioned, the Reflexivity Defense does not justify the usual ‘reading’ of G2—namely, that the consistency of the represented theory is not provable in the representing theory. (shrink)

A common objection to the idea of public reason is that it cannot resolve fundamental political issues because it excludes too many moral considerations from the political domain. Following an important but often overlooked distinction drawn by Gerald Gaus, there are two ways to understand this objection. First, public reason is often said to be inconclusive because it fails to generate agreement on fundamental political issues. Second, and more radically, some critics have claimed that public reason is indeterminate because it (...) cannot provide any citizen with sufficient reason(s) for making important political decisions. Against the first of these objections, I argue that the purpose of public reason is not to end reasonable disagreement. Rather, it is to provide a suitable framework of values and principles within which citizens may resolve their moral and political differences. Against the second objection, I argue, first, that the indeterminacy of public reason is much less common than its inconclusiveness; and, second, that there are second-order decision-making strategies that may enable citizens to cope with cases of indeterminacy. The incompleteness of public reason, whether it takes the form of inconclusiveness or indeterminacy, is not a reason for citizens to abandon their commitment to public justification. (shrink)

This paper extends my prior analysis of Hegel’s solution to the Pyrrhonian Dilemma of the Criterion to moral philosophy. So doing provides a uniform account of rational justification in non-formal, substantive domains, i.e. empirical knowledge and morals. It argues that the Pyrrhonian Dilemma refutes both foundationalist and coherentist models of justification, and raises serious issues about the justificatory adequacy of contemporary forms of moral constructivism. It explicates and defends Kant’s account of the autonomy of reason as the self-critical (...) regulation of one’s own thought and judgment in view of relevant principles, standards, evidence and alternative analyses. It argues that Kant’s account of autonomy is defensible independently of transcendental idealism and of natural causality. Due to our fallibility and incomplete knowledge and understanding, our individual critical self-assessment requires the constructive mutual criticism of others. Hence maximally rational justification in non-formal, substantive domains is in part, ineliminably, a social and historical phenomenon. These aspects of rational justification are consistent with, and ultimately support, realism about the objects of empirical knowledge and strict objectivity about basic moral principles. One’s own maximally rational justification of non-formal, substantive claims or views accordingly requires recognition of one’s justificatory dependence upon the constructive criticism of others. This requires recognizing their capacities for critical assessment and rational justification. This is the most fundamental form of mutual recognition in Hegel’s analysis. It provides direct and powerful justification for Kant’s thesis that we ought and must respect all others as autonomous rational agents, as agents who can think and act on the basis of justifying reasons. This justification is independent of Kant’s account of ‘dignity’ or the incommensurable value of rational agency. (shrink)

This essay discusses implications of incommensurability of values for justified decision-making, ethics and justice. Under particular conditions incommensurability of values causes what might be called ‘incomplete comparability’ of options. Some leading theorists interpret this in terms of ‘imprecise equality’ and ‘imprecise comparability.’ This interpretation is mistaken and conceals the implications of incommensurability for practical and ethical reasoning. The aim of this essay is to show that, in many cases, incommensurability prevents the assignment of determinate weights to competing values. This (...) may have problematic consequences for a complete and impartial justification of decisions concerning conflicting values to the extent that they depend on the need of weighing them. (shrink)

A frequent justification in the literature for using stated preference methods (SP) is that they are the only methods that can capture the so-called total economic value (TEV) of environmental changes to society. Based on follow-up interviews with SP survey respondents, this paper addresses the implications of that argument by shedding light on the construction of TEV, through respondents’ perspective. It illuminates the deficiencies of willingness to pay (WTP) as a measure of value presented as three aggregated themes considering (...) respondents’ unintentionality, their retraction once they understood that their WTP could be decisive in cost-benefit analysis and the inherent incompleteness of WTP. We discuss why the TEV discourse persists, how it conceals rather than reveals broader notions of value and in what ways our results support the development of alternative approaches that truly endorse plurality in environmental valuation and decision-making. (shrink)

The article propounds a justification of public health interventionism grounded on personal health as an intermediate human end in the ethical domain, on an interpretation of Aristotle. This goes beyond the position taken by some liberals that health should be understood as a prudential good alone. A second, but independent, argument is advanced in the domain of the political, namely, that population health can be justified as a political value in its own right as a primary social good, following (...) an interpretation of John Rawls’s evolved understanding of such goods in his later works. The article sets the scene for these positions by highlighting how liberal theories focusing on freedom as non-interference, or making the harm principle the basis of legitimate public health interventions, undercut the capacity of the state to actively promote population health. The article points to theoretical resources on legitimacy and liberty—the ‘salient coordinator account’ of authority and freedom as non-domination—that may help avoid this risk. The role of reflective equilibrium incorporating incompletely theorized mid-level principles is emphasized to ensure that interventions are soundly justified. The application of these principles would ensure that interventions do not exceed the proper moral/political boundaries limiting the role of government. (shrink)

In the early 1920s, the German mathematician David Hilbert (1862–1943) put forward a new proposal for the foundation of classical mathematics which has come to be known as Hilbert's Program. It calls for a formalization of all of mathematics in axiomatic form, together with a proof that this axiomatization of mathematics is consistent. The consistency proof itself was to be carried out using only what Hilbert called “finitary” methods. The special epistemological character of finitary reasoning then yields the required (...) class='Hi'>justification of classical mathematics. Although Hilbert proposed his program in this form only in 1921, various facets of it are rooted in foundational work of his going back until around 1900, when he first pointed out the necessity of giving a direct consistency proof of analysis. Work on the program progressed significantly in the 1920s with contributions from logicians such as Paul Bernays, Wilhelm Ackermann, John von Neumann, and Jacques Herbrand. It was also a great influence on Kurt Gödel, whose work on the incompleteness theorems were motivated by Hilbert's Program. Gödel's work is generally taken to show that Hilbert's Program cannot be carried out. It has nevertheless continued to be an influential position in the philosophy of mathematics, and, starting with the work of Gerhard Gentzen in the 1930s, work on so-called Relativized Hilbert Programs have been central to the development of proof theory. (shrink)

The likelihood justification of cladistic parsimony suggested in Sober (1984) is here shown to be incomplete. Even so, cladistic parsimony remains a counter-example to the principle of the common cause formulated by Reichenbach (1956) and Salmon (1975, 1979, 1984).

Informed consent is valid only if the person giving it is competent. Although allegedly informed consents are routinely tendered, there are nonetheless serious problems with the concept of competence as it stands. First, conceptual work upon competence is incomplete: the concept is unanalyzed and no logic of competence has been identified. It is thus virtually impossible to reliably discern who is competent. ;Traditional work on competence has explicated three dichotomies from which the necessary conditions for the possibility of competence (...) will be identified, viz., that competence is either a global or a specific notion; is present in varying degrees or in virtue of a threshold; and may or not include appeals to consequences. Past efforts have failed to notice a fourth dichotomy: competence as an affective or cognitive notion. Failure to designate the appropriate arms of these dichotomies is responsible for there being, at present, no reliable test for competence. The inadequacies of a highly regarded particular test for competence, the mental status examination, are examined in light of this failure. ;Competence is located within the rule-governed practice of informed consent. That practice and hence, competence, is justified through a Kantian analysis of respect for persons. This analysis reveals that the logic of competence requires assessment in terms of specific rather than global concerns; degrees of ability rather than a threshold; both cognitive and affective abilities; and no appeal to consequences. ;Based upon the analyses of consent as an example of decision making within the practice of informed consent and of respect for persons, the capacities which jointly comprise competence are identified. These are the capacities to receive, recognize, and retrieve information; to reason about, relate to oneself, and rank options; to choose among alternatives; and, under certain circumstances, to defend one's choice. ;Identification of the logic of competence and explication of and justification for the capacities that comprise competence to consent provide a conceptual foundation for the crucial concept of competence that the informed consent process currently lacks. It should facilitate construction of a test for competence. (shrink)

Informed consent is ethically incomplete and should be redefined as empowered consent. This essay challenges theoretical assumptions of the value of informed consent in light of substantial evidence of its failure in clinical practice and questions the continued emphasis on autonomy as the primary ethical justification for the practice of consent in health care. Human dignity—rather than autonomy—is advanced from a nursing ethics perspective as a preferred justification for consent practices in health care. The adequacy of an (...) ethic of obligation (namely, principlism) as the dominant theoretical lens for recognising and responding to persistent problems in consent practices is also reconsidered. A feminist empowerment framework is adopted as an alternative ethical theory to principlism and is advanced as a more practical and complete lens for examining the concept and context of consent in health care. To accomplish this, the three leading conceptions of informed consent are overviewed, followed by a feminist critique to reveal practical problems with each of them. The need for a language change from informed to empowered consent is strongly considered. Implications for consent activities in clinical practice are reviewed with focused discussion on the need for greater role clarity for all involved in consent—beyond and inclusive of the patient‐physician dyad, as the practice and improvement of consent is necessarily a transdisciplinary endeavour. Specific concrete and practical recommendations for leveraging nursing expertise in this space are presented. Perhaps what is most needed in the discourse and practice of consent in health care is nursing. (shrink)

The status and justification of quantum logic are reviewed. On the basis of several independent arguments it is concluded that it cannot be a logic in the philosophical sense of a general theory concerning the structure of valid inferences. Taken as a calculus for combining quantum mechanical propositions, it leaves a number of significant aspects of quantum physics unaccounted for. It is shown, moreover, that quantum logic, far from being more general than Boolean logic, forms a subset of a (...) slight and natural extension of Boolean logic, a subset which corresponds to incomplete statements. The philosophical background of this unsatisfactory state of affairs is briefly explored. (shrink)

Despite advances in feminism, the "law of the father" remains the dominant model of Western psychological and cultural analysis, and the law of the mother continues to exist as an underdeveloped and marginal concept. In her radical rereading of the Greek myth, _Oresteia_, Amber Jacobs hopes to rectify the occlusion of the mother and reinforce her role as an active agent in the laws that determine and reinforce our cultural organization. According to Greek myth, Metis, Athena's mother, was Zeus's first (...) wife. Zeus swallowed Metis to prevent her from bearing children who would overthrow him. Nevertheless, Metis bore Zeus a child-Athena-who sprang forth fully formed from his head. In Aeschylus's _Oresteia_, Athena's motherless status functions as a crucial justification for absolving Orestes of the crime of matricide. In his defense of Orestes, Zeus argues that the father is more important than the mother, using Athena's "motherless" birth as an example. Conducting a close reading of critical works on Aeschylus's text, Jacobs reveals that psychoanalytic theorists have unwittingly reproduced the denial of Metis in their own critiques. This repression, which can be found in the work of Sigmund Freud and Melanie Klein as well as in the work of more contemporary theorists such as André Green and Luce Irigaray, has resulted in both an incomplete analysis of Oresteia and an inability to account for the fantasies and unconscious processes that fall outside the oedipal/patricidal paradigm. By bringing the story of Athena's mother, Metis, to the forefront, Jacobs challenges the primacy of the Oedipus myth in Western culture and psychoanalysis and introduces a bold new theory of matricide and maternal law. She finds that the Metis myth exists in cryptic forms within Aeschylus's text, uncovering what she terms the "latent content of the Oresteian myth," and argues that the occlusion of the law of the mother is proof of the patriarchal structures underlying our contemporary social and psychic realities. Jacobs's work not only provides new insight into the Oresteian trilogy but also advances a postpatriarchal model of the symbolic order that has strong ramifications for psychoanalysis, feminism, and theories of representation, as well as for clinical practice and epistemology. (shrink)

Our culture is dominated by digital documents in ways that are easy to overlook. These documents have changed our worldviews about science and have raised our expectations of them as tools for knowledge justification. This article explores the complexities surrounding the digital document by revisiting Michael Polanyi’s theory of tacit knowledge—the idea that “we can know more than we can tell.” The theory presents to us a dilemma: if we can know more than we can tell, then this means (...) that the communication of science via the document as a primary form of telling will always be incomplete. This dilemma presents significant challenges to the open science movement. (shrink)

What follows is a taxonomy of arguments that regresses of inferential justification are vicious. They fall out into four general classes: conceptual arguments from incompleteness, conceptual arguments from arbitrariness, ought-implies-can arguments from human quantitative incapacities, and ought-implies can arguments from human qualitative incapacities. They fail with a developed theory of "infinitism" consistent with valuational pluralism and modest epistemic foundationalism.

I critically examine a common liberal egalitarian view about the justification for, and proper content of, mandatory health insurance. This view holds that a mandate is justified because it is the best way to ensure that those in poor health gain health insurance on equitable terms. It also holds that a government should mandate what a representative prudent individual would purchase for themselves if they were placed in fair conditions of choice. I argue that this common justification for (...) a mandate is incomplete. A further reason for mandated insurance is that it helps secure social egalitarian public goods that would be underprovided if insurance were optional. I also argue that rather than mandating what a representative individual would choose for themselves, we should design the mandatory package by appealing to a pluralistic egalitarian view, which cares about improving people’s well-being, reducing unfair inequality, and maintaining egalitarian social relations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Argumentative Structure of Kant’s Metaphysical Foundations Of Natural ScienceEric Watkinsone of kant’s most fundamental aims is to justify Newtonian science. However, providing a detailed explanation of even the main structure of his argument (not to mention the specific arguments that fill out this structure) is not a trivial enterprise. While it is clear that Kant’s Critique of Pure Reason (1781), his Metaphysical Foundations of Natural Science (1786), and (...) his unpublished (and incomplete) Opus postumum should in some way constitute the core of this justification, it is less clear how each of these works does so in detail. In this paper I shall first argue that the standard view of the relationship between the Critique of Pure Reason and the Metaphysical Foundations of Natural Science (hereafter simply Metaphysical Foundations) is mistaken. I shall then present my own interpretation of how the Metaphysical Foundations contributes to the justification of Newtonian science. Finally, I shall conclude by considering an important interpretation of the argument of the Metaphysical Foundations developed by Michael Friedman. However, it is first necessary to present briefly Kant’s conception of science (in particular what conditions a body of knowledge must satisfy for Kant in order to be considered science proper) as well as Kant’s own understanding of the relevant differences between his projects in the first Critique, the Metaphysical Foundations, and the Opus postumum.Kant’s conception of science is rather strict if measured by contemporary standards. For in the preface to the Metaphysical Foundations Kant establishes three substantive conditions that a body of knowledge must satisfy in order to be considered science proper.1 (1) It must not consist in empirical principles, [End Page 567] but rather must be obtained solely from pure, a priori principles;2 (2) It must be apodictically certain;3 (3)4 It must be a systematically ordered whole (which means that its various propositions must be related as, for example, antecedents and consequents).5 After stating these conditions, Kant then argues that all natural science proper requires a pure part upon which its apodictic certainty is based. In other words, satisfaction of the first condition immediately implies satisfaction of the second condition as well.6 Accordingly, these three conditions (and the first one in particular) imply that natural science proper requires (or rather presupposes) a justification by something distinct from it that Kant calls a metaphysics of nature.7 But what exactly does a metaphysics of nature encompass? Kant distinguishes two different parts of the metaphysics of nature: a transcendental part and a special part. A metaphysics of nature [End Page 568] is transcendental insofar as it concerns “the laws that make the concept of nature in general possible, even without relation to any determinate object of experience, and [insofar as it is] thus indeterminate with respect to the nature of this or that thing in the sensible world,” whereas a metaphysics of nature is special to the extent that “it is concerned with a special nature of this or that kind of thing of which an empirical concept is given, but so that except for what lies in this concept no other empirical principle is used for knowledge thereof.”8 In short, a transcendental metaphysics, revealing how experience in general is possible, is not supposed to presuppose an empirical concept, whereas a special metaphysics does make such an assumption insofar as it is concerned with the special natures of things.How do the three works cited above relate to Kant’s distinction between a transcendental and a special metaphysics of nature? In the preface to the Metaphysical Foundations Kant clearly indicates that he intends the Metaphysical Foundations to constitute the special metaphysics of nature. Although he does not explicitly refer to the first Critique in the preface, it is also relatively clear that he sees it (or at least the ‘System of Pure Reason’ that Kant foresees as following upon it and as incorporating its fundamental results)9 as constituting [End Page 569] the transcendental part of a metaphysics of nature.10 The Principles of Pure Understanding (‘Grundsätze des reinen Verstandes’) in the Transcendental Analytic argue for what could naturally be described as “laws... (shrink)

Evolutionary Debunking Arguments are defined as arguments that appeal to the evolutionary genealogy of our beliefs to undermine their justification. Recently, Helen De Cruz and her co-authors supported the view that EDAs are self-defeating: if EDAs claim that human arguments are not justified, because the evolutionary origin of the beliefs which figure in such arguments undermines those beliefs, and EDAs themselves are human arguments, then EDAs are not justified, and we should not accept their conclusions about the fact that (...) human arguments are unjustified. De Cruz's objection to EDAs is similar to the objection raised by Reuben Hersh against the claim that, since by Gödel's second incompleteness theorem the purpose of mathematical logic to give a secure foundation for mathematics cannot be achieved, mathematics cannot be said to be absolutely certain. The response given by Carlo Cellucci to Hersh's objection shows that the claim that by Gödel's results mathematics cannot be said to be absolutely certain is not self-defeating, and can be adopted to show that EDAs are not self-defeating as well in a twofold sense: an argument analogous to Cellucci's one may be developed to face De Cruz's objection, and such argument may be further refined incorporating Cellucci's response itself in it, to make it stronger. This paper aims at showing that the accusation of being self-defeating moved against EDAs is inadequate by elaborating an argument which can be considered an EDA and which can also be shown not to be self-defeating. (shrink)

In contemporary Western society, people are more often called upon to justify the choice not to have children than they are to supply reasons for having them. In this book, Christine Overall maintains that the burden of proof should be reversed: that the choice to have children calls for more careful justification and reasoning than the choice not to. Arguing that the choice to have children is not just a prudential or pragmatic decision but one with ethical repercussions, Overall (...) offers a wide-ranging exploration of how we might think systematically and deeply about this fundamental aspect of human life. Writing from a feminist perspective, she also acknowledges the inevitably gendered nature of the decision; the choice has different meanings, implications, and risks for women than it has for men. After considering a series of ethical approaches to procreation, and finding them inadequate or incomplete, Overall offers instead a novel argument. Exploring the nature of the biological parent-child relationship -- which is not only genetic but also psychological, physical, intellectual, and moral -- she argues that the formation of that relationship is the best possible reason for choosing to have a child. (shrink)

Contents: Preface. SCIENTIFIC WORKS OF MARIA STEFFEN-BATÓG AND TADEUSZ BATÓG. List of Publications of Maria Steffen-Batóg. List of Publications of Tadeusz Batóg. Jerzy POGONOWSKI: On the Scientific Works of Maria Steffen-Batóg. Jerzy POGONOWSKI: On the Scientific Works of Tadeusz Batóg. W??l??odzimierz LAPIS: How Should Sounds Be Phonemicized? Pawe??l?? NOWAKOWSKI: On Applications of Algorithms for Phonetic Transcription in Linguistic Research. Jerzy POGONOWSKI: Tadeusz Batóg's Phonological Systems. MATHEMATICAL LOGIC. Wojciech BUSZKOWSKI: Incomplete Information Systems and Kleene 3-valued Logic. Maciej KANDULSKI: Categorial Grammars (...) with Structural Rules. Miros??l??awa KO??L??OWSKA-GAWIEJNOWICZ: Labelled Deductive Systems for the Lambek Calculus. Roman MURAWSKI: Satisfaction Classes - a Survey. Kazimierz _WIRYDOWICZ: A New Approach to Dyadic Deontic Logic and the Normative Consequence Relation. Wojciech ZIELONKA: More about the Axiomatics of the Lambek Calculus. THEORETICAL LINGUISTICS. Jacek Juliusz JADACKI: Troubles with Categorial Interpretation of Natural Language. Maciej KARPI??N??SKI: Conversational Devices in Human-Computer Communication Using WIMP UI. Witold MACIEJEWSKI: Qualitative Orientation and Grammatical Categories. Zygmunt VETULANI: A System of Computer Understanding of Texts. Andrzej WÓJCIK: The Formal Development of van Sandt's Presupposition Theory. W??l??adys??l??aw ZABROCKI: Psychologism in Noam Chomsky's Theory . Ryszard ZUBER: Defining Presupposition without Negation. PHILOSOPHY OF LANGUAGE AND METHODOLOGY OF SCIENCES. Jerzy KMITA: Philosophical Antifundamentalism. Anna LUCHOWSKA: Peirce and Quine: Two Views on Meaning. Stefan WIERTLEWSKI: Method According to Feyerabend. Jan WOLE??N??SKI: Wittgenstein and Ordinary Language. Krystyna ZAMIARA: Context of Discovery - Context of Justification and the Problem of Psychologism. (shrink)

Epistemological theories of knowledge and justification draw a crucial distinction between one's simply havinggood reasons for some belief, and one's actually basingone's belief on good reasons. While the most natural kind of account of basing is causal in nature--a belief is based on a reason if and only if the belief is properly caused by the reason--there is hardly any widely-accepted, counterexample-free account of the basing relation among contemporary epistemologists. Further inquiry into the nature of the basing relation is (...) therefore of paramount importance for epistemology. Without an acceptable account of the basing relation, epistemological theories remain both crucially incomplete and vulnerable to errors that can arise when authors assume an implausible view of what it takes for beliefs to be held on the basis of reasons. Well-Founded Beliefbrings together seventeen essays written by leading epistemologists to explore this important topic in greater detail. The collection is divided thematically to cover a wide range of issues related to the epistemic basic relation. The first section of essays covers the nature of the basing relation and attempts to articulate defensible accounts of what it takes to believe on the basis of a reason. Section II explores the kind of things that can be reasons on the basis of which we hold beliefs. Finally, the last section addresses the basing relation as it bears on particular problems in epistemology, such as skepticism, the analysis of knowledge, and the contingencies of our epistemic upbringing. (shrink)

In common with traditional forms of epistemic internalism, epistemological disjunctivism attempts to incorporate an awareness condition on justification. Unlike traditional forms of internalism, however, epistemological disjunctivism rejects the so-called New Evil Genius thesis. In so far as epistemological disjunctivism rejects the New Evil Genius thesis, it is revisionary. -/- After explaining what epistemological disjunctivism is, and how it relates to traditional forms of epistemic internalism / externalism, I shall argue that the epistemological disjunctivist’s account of the intuitions underlying the (...) New Evil Genius thought experiment is at best incomplete. As presented, therefore, epistemological disjunctivism is unable to accommodate the core guiding intuitions of epistemic internalism. Given the stated aim of not being revisionary on this score, the view is at a dialectical disadvantage over the traditional forms of epistemic internalism the position is meant to replace. Unfortunately, therefore, at present, the impasse between internalism and externalism remains. (shrink)

A very influential idea in the epistemology of modality is that we acquire knowledge of metaphysical modality through knowledge of essence. As a consequence, the epistemology of essence becomes crucial in the attempt to answer the question of how we come to know modal propositions. In this paper I investigate Lowe’s and Hale’s approach to the epistemology of essence and argue that both of them remain in a crucial, structural sense incomplete. Systematizing this criticism against Lowe and Hale, I (...) then break down desiderata of what I call a structurally complete picture of the epistemology of essence. Finally, I discuss Husserl’s epistemology of essence and defend it against a notorious objection. However, Husserl’s approach also seems to remain incomplete, due to its appeal to imagination, which operates on the basis of background assumptions that are themselves in need of justification. I indicate, however, that a Husserlian theory of intuitive awareness of universals might supply us with (direct) justification of these background assumptions and, hence, that we might be able to paint a structurally complete picture of the epistemology of essence with Husserlian means. (shrink)

Husserl’s first work formulated what proved to be an algorithmically complete arithmetic, lending mathematical clarity to Kronecker’s reduction of analysis to finite calculations with integers. Husserl’s critique of his nominalism led him to seek a philosophical justification of successful applications of symbolic arithmetic to nature, providing insight into the “wonderful affinity” between our mathematical thoughts and things without invoking a pre-established harmony. For this, Husserl develops a purely descriptive phenomenology for which he found inspiration in Mach’s proposal of a (...) “universal physical phenomenology.” To account for applications to any domain, Husserl envisages a theory of all possible deductive systems, which he develops extensively in his Göttingen lectures wherein he engages with Hilbert’s work on deductive systems for geometry, real arithmetic, and physics. This leads Husserl to formulate claims of decidability and proofs of completeness for various arithmetics that result from his analysis of Kronecker’s general arithmetic. Careful attention to these proofs seem to show that Husserl was not oblivious to problems that underlie our incompleteness theorems, namely that of showing that some inversions of his algorithmic arithmetic are undefined. His growing preoccupation with the issue of a pre-established harmony between mathematical thought and reality motivate his pursuit of a “supramathematics” of all possible complete theory forms to demystify such harmony, by having such a form on hand for describing any empirical domain. He soon decides that a transcendental idealism of nature will reveal the wonderful affinity of thoughts and things comprising such harmony, to be a wonderful “parallelism of objective unities and constituted manifolds of consciousness.” But the paradoxes of logic and set theory cloud the clarity of mathematics, which Weyl would restore with Brouwer’s intuitionism and Hilbert with his metamathematics. Husserl informed Weyl that his student Becker had formulated a phenomenological foundation not only for Weyl’s generalization of relativity theory but also for the Brouwer-Weyl continuum. But Weyl eventually rejected much of Becker’s work, especially when it became clear that his phenomenological intuitionism could not account for the success of Hilbert’s transfinite mathematics in quantum physics. Becker responded to this “crisis of phenomenological method” with his mantic phenomenology celebrating the magic of mathematical mysticism, which Husserl finally rejects in favor of a pluralistic phenomenology of mathematics and nature. (shrink)

The view that justice requires giving people what they deserve is both ancient and plausible. Yet many contemporary political philosophers, including John Rawls and Robert Nozick, have put forward distributive theories that give no place to desert. In this dissertation, I give reason to believe that the contemporary rejection of desert is mistaken, and that desert should be taken seriously by political philosophers. ;This project is incomplete in the sense that I do not say how seriously desert should be (...) taken---how important it is compared to other distributive ideals . This is an important task, but I do not have the space for it. Hence, while my dissertation is an important first step in restoring desert to a place of significance in theories of distributive justice, it is not the last word. ;In chapter 1, I consider different views about what it means to be deserving, and about the necessary and sufficient conditions for desert. I do not try to solve these debates, but rather stipulate the conception of desert I am interested in. In chapter 2, I offer arguments for its use as a distributive criterion. ;In chapter 3, I consider the "metaphysical argument" against desert. Deriving from naturalistic worries about the robustness of human agency, this argument denies that people are capable of the kind of responsibility required for desert. I distinguish three versions of it, and argue that all fail. The "epistemological argument," examined in chapter 4, doubts that we can know what people deserve. In response, I suggest a way of making distribution according to desert practicable. ;I consider in chapter 5 the asymmetry of desert: the fact that desert plays an insignificant role in most contemporary theories of distributive justice, but a central role in most contemporary theories of retributive justice. I give good reason to believe the asymmetry cannot be justified, considering five potential justifications of it, and arguing that none is successful. I conclude the dissertation by summarizing what I have done, then mapping out directions for future research. (shrink)

A few years ago, I found myself sitting next to a renowned Language poet at a poetry reading in a crowded downtown Manhattan venue. A longtime fan, I introduced myself and shared with him that I had just taught some of his infamously challenging poems in a poetry class at Tel Aviv University and that students were very responsive. When I mentioned that it was hard to get hold of some of his books but that we had found the poems (...) online, he told me how glad he was that, thanks to the internet, his work is accessible in Tel Aviv and everywhere else. Unable to resist the temptation to play language games with a Language poet, I responded by saying that his work was actually far from accessible. This pun/paradox seems to me to apply as well to the online archive UbuWeb—a “pirate library consisting of hundreds of thousands of freely downloadable avant-garde artifacts.” Founded in 1996, UbuWeb provides access to cultural artifacts in the form of video, text, and sound, works that are difficult to access not just because they are obscure, forgotten, unknown, rare, out of print, or otherwise hard to find, but because, as avant-garde, part of their operation involves, let us say, problematizing accessibility.UbuWeb's story is the subject of Duchamp Is My Lawyer, an accessible memoir/manifesto, deftly written by its founder and near-sole operator, the luminary conceptual artist Kenneth Goldsmith (“UbuWeb is mostly just me”). Its title, which Goldsmith takes from Virgil Abloh, raises at least two questions: Why does Ubu need a metaphorical lawyer, and why would Duchamp fill the bill? The first question has to do with the precarious legality of the website, which, as Goldsmith tells us in detail, almost never asks for permission from copyright holders, uploading materials first and dealing with consequences later. Much of the book deals with the maneuvering involved with “hiding in plain sight”—interpreting “fair use” broadly, and standing up to scary-sounding cease-and-desist letters that sometimes come from parties who are not even the actual rights holders of the material. Instead of playing the game of compliance, Ubu partakes in an anti-capitalist, free-for-all gift economy, never paying or asking for payment for the priceless treasures it houses. The democratic vision seeps into the selection and organization of the material on the website, which throughout the book Goldsmith describes as boundary-blurring, jumbled, unstable, biased, subjective, incomplete, fluid, idiosyncratic, and nonhierarchical.But again, why Duchamp? Ushering in an entire avant-garde tradition that Ubu celebrates, archives, and manifests in its own rebellious, outlaw spirit of operation, Duchamp, a hero in the book and, presumably, for its author, functions as both precedent and justification. After all, Ubu duplicates what Duchamp did in his most famous artistic intervention: the repurposing of found objects. In that sense, as Goldsmith writes, “UbuWeb can be considered one enormous appropriative artwork, a giant collage, which appropriates not a single object but rather the entire history of the avant-garde.” While the word entire is perhaps a stretch (and inconsistent with Goldsmith's many descriptions of the site's collection as inevitably partial and subjective), UbuWeb is best appreciated, I think, as a giant work of art made of works of art (some of which are themselves, in the tradition of “found art” and collage, made of works of art), a creative noncreation and akin to Goldsmith's own notion of “uncreative writing.” The radical accessibility it offers, from which so many users around the world continue to benefit, has thankfully not curtailed the equally radical inaccessibility of the material within. (shrink)