The Franciscan Geraldus Odonis (d. 1349) presented his indivisibilist theory of continua in Paris at a time when similar theses were advanced in the studia across the Channel. The Chancellor of the University of Oxford, Henry of Harclay (d. 1317), caused considerable stir among his colleagues by endorsing a mathematical atomism, and his most famous follower, Walter Chatton, O. F. M., developed his brand of atomism in the early 1320s. The present article focuses on one of the five different redactions (...) of Odonis’s famous question De continuo, preserved in his commentary on Book ii of Peter Lombard’s Sentences (d. 44, q. 4). The first part of the article examines the main differences between the various redactions of the question De continuo. The second part explores the philosophical content and the circumstances surrounding the redaction found in Book ii of Odonis’s Sentences commentary. While acknowledging that Odonis’s atomism is similar to Harclay’s, it is argued that Odonis’s theory is a significant departure from the type of atomism espoused by Harclay. The Appendix provides the first complete critical edition of the said redaction of Odonis’s question De continuo. (shrink)

Although the idea of constitutionalism has been widely discussed and in fact, most countries in the world have a written Constitution, it is still an in- teresting question whether Constitutions are legitimate, topic that is ad- dressed in this study. The article, through a detailed analysis of the main arguments in favor and against constitutionalism, examines the main moral concerns regarding legitimacy of Constitutions.

The normal way to establish that a person has authority over another requires a rulegoverned institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a (...) two-stage affair: the special, practical import of an authority can only be explained on the background of an institutional setting which constitutes the authority’s power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice. A complete account of the reasons to regard authoritative decisions as binding must also rely on the reasons for having the institution or practice in question and the kind of authoritative structure that it has. This argument is presented here on the background of a critique of two alternative accounts, Joseph Raz’s service conception of authority and Stephen Darwall’s second personal standpoint account. (shrink)

According to traditional Judeo-Christian-Islamic theism, God is an omniscient, omnipotent, and morally perfect agent. This volume shows that philosophy of religion needs to take seriously alternative concepts of the divine, and demonstrates the considerable philosophical interest that they hold.

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David (...) Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal (...) domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

The article analyzes the possibilities and limitations of artificial intelligence. The article considers the subjectivity of artificial intelligence, determines its necessity for solving intellectual problems depending on the possibility of representing the real world as a deterministic system. Methodological limitations of artificial intelligence, which is based on the use of big data technologies, are stated. These limitations cause the impossibility of forming a holistic representation of the objects of cognition and the world as a whole. As a tool for deterministic (...) description of the universe it is proposed to use empirical-metaphysical general theory of systems, which is an extension of existing general theories of systems due to ontological justification of the phenomenon of isomorphism and definition of a limited set of laws, rules, patterns and primitives of forms and relations of objects in the universe. The distinction of natural (human) and artificial intelligence is considered, including the realization of multisystem integration of intelligence in physical, biological, social and spiritual systems. A philosophically grounded approach to ensuring the evolutionary properties of artificial intelligence is formulated, based on the inclusion of non-equilibrium mechanisms through which stability is realized. (shrink)

Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...) only with respect to one type of convention. There is another, important type of conventions, whose normativity does not consist in the solution of coordination problems. The validity of conventions constituting (what I call) autonomous practices can only be derived from the values inherent in the practices they constitute and those values cannot be specified independently of the conventions themselves. (shrink)

. The purpose of this essay is to argue that considerations of fairness play an essential role in the justification of democratic decision procedures. The first part argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. Subsequently, the article elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply (...) to the deliberation and the decision stages of democracy. Finally, the article concludes with a few sketchy remarks on the possible relations between considerations of fairness and soundness of democratic procedures. (shrink)

In our paper, ‘Escaping hell: divine motivation and the problem of hell’, we defended a theory of hell that we called ‘escapism’. We argued that, given God's just and loving character, it would be most rational for Him to maintain an open-door policy to those who are in hell, allowing them an unlimited number of chances to be reconciled with God and enjoy communion with Him. In this paper we reply to two recent objections to our original paper. The first (...) is an argument from religious luck offered by Russell Jones. The second is an argument from Kyle Swan that alleges that our commitments about the nature of reasons for action still leaves escapism vulnerable to an objection we labelled the ‘Job objection’ in our original paper. In this paper we argue that escapism has the resources built into it needed to withstand the objections from Jones and Swan. (shrink)

This paper examines the ability of countries in Central and Eastern Europe to ensure appropriate protection of research participants in the field of increasingly globalizing biomedical research. By applying an analytical framework for identifying gaps in policies and programs for human subjects protection to four countries of CEE—Belarus, Latvia, Lithuania, and Poland, substantial gaps in the scope and content of relevant policies and major impediments to program performance have been revealed. In these countries, public policies on the protection of research (...) participants lack consistency and reliable mechanisms for their implementation. Impediments to program performance most often relate to inadequacies in the national research ethics systems with regard to organizational structure, budgetary support, supervision, and training. The level of research ethics capacity varies from country to country and depends on socio-economic and political factors of post-communist transition. The breadth and depth of the problems identified suggest that the current level of protection for research participants in CEE might be inadequate to the challenges posed by the globalization of biomedical research. In CEE countries, there is a need for strengthening research ethics capacity through modification of relevant policies and improvement of program management. The differences among the countries call for further research on identifying the best approaches for filling the gaps in the policies and programs aimed at ensuring effective protection of research participants. (shrink)

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By revealing (...) the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

Generic statements (e.g., “Birds lay eggs”) express generalizations about categories. In this paper, we hypothesized that there is a paradoxical asymmetry at the core of generic meaning, such that these sentences have extremely strong implications but require little evidence to be judged true. Four experiments confirmed the hypothesized asymmetry: Participants interpreted novel generics such as “Lorches have purple feathers” as referring to nearly all lorches, but they judged the same novel generics to be true given a wide range of prevalence (...) levels (e.g., even when only 10% or 30% of lorches had purple feathers). A second hypothesis, also confirmed by the results, was that novel generic sentences about dangerous or distinctive properties would be more acceptable than generic sentences that were similar but did not have these connotations. In addition to clarifying important aspects of generics’ meaning, these findings are applicable to a range of real-world processes such as stereotyping and political discourse. (shrink)

The article is devoted to the study of the nature of consciousness within the framework of the information concept. The paper proposes a definition of consciousness as an informational environment in which an extended model of reality is realized. The process of realization of this extended model is defined as thinking. The result of thinking is information objects that form a system in the form of information environment. Information objects are reflections of the real world properties, not directly, but by (...) means of translation through a special object – a carrier of consciousness. In the case of human consciousness, such a carrier is a human being (represented in the form of his nervous system). As a result, consciousness can be qualified as a simulacrum of reality, i.e., a model of a model: an information model of the carrier of consciousness, which in turn is a means of physical modeling of the real "big" world. Possible mechanisms mediating thinking are considered. For this purpose, two new concepts are introduced: neural circuit and neurophysical pattern. An approach to the study of self-consciousness based on the localization of the consciousness carrier in the multidimensional space of states of initial real objects, as well as their reflections in the form of information objects is proposed. This localization is ensured by the presence of feedbacks. Summarizing the results of the study, the article states the following connection between consciousness, self-consciousness and subjectness: under certain conditions (when consciousness is localized in the state space of the carrier of consciousness), consciousness acquires the property of self-consciousness, a special case of which (when the initiator of changes determining localization is the carrier of consciousness) is self-consciousness endowed with subjectness. (shrink)

A knowledge argument is offered that presents unique difficulties for Christians who wish to assert that God is essentially omniscient. The difficulties arise from the doctrine of the incarnation. Assuming that God the Son did not necessarily have to become incarnate, then God cannot necessarily have knowledge de se of the content of a non-divine mind. If this is right, then God’s epistemic powers are not fixed across possible worlds and God is not essentially omniscient. Some options for Christian theists (...) are discussed, including rejecting traditional theism in favour of some version of pantheism or panentheism. (shrink)

This article discusses the poem written by Joseph Brodsky shortly after the proclamation of Ukrainian independence in the early 1990s. It compares this poem with other pieces by the same author that deal with the paradigm of “independence vs. imperial unity.” These poems present a difference, which is striking at first glance: Brodsky welcomes Lithuanian independence, while simultaneously denying the same rights to Ukrainians and Aztecs. As for Afghanis … his disdain is even more palpable. The proposed explanation is the (...) concept of “Cultural Empire,” which the poet considers to be the ultimate good. This article briefly mentions the general problem of de-imperializing classical Russian literature in the context of post-colonial studies. (shrink)

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.

We obtain an equivalent implicit characterization of Lp Banach spaces that is amenable to a logical treatment. Using that, we obtain an axiomatization for such spaces into a higher order logical system, the kind of which is used in proof mining, a research program that aims to obtain the hidden computational content of mathematical proofs using tools from mathematical logic. As an aside, we obtain a concrete way of formalizing Lp spaces in positive-bounded logic. The axiomatization is followed by a (...) corresponding metatheorem in the style of proof mining. We illustrate its use with the derivation for this class of spaces of the standard modulus of uniform convexity. (shrink)

This article deals with the notion of time in the Martin Heidegger’s fundamental оntology. The conceptual deference between the ordinary understanding of time and its ontological comprehension as temporality is made here. Namely the time of the ordinary understanding is guided by the moment of “now”, but the temporality as the meaning of human being (of Dasein) has to be treated on the base of its ecstatical character. It is shown in which way the temporality as the ontological meaning of (...) human being can be the condition of possibility of any understanding of being in general. (shrink)

In some recent work on omissions, it has been argued that the causal theory of action cannot account for how agency is exercised in intentionally omitting to act in the same way it explains how agency is exercised in intentional action. Thus, causalism appears to provide us with an incomplete picture of intentional agency. I argue that causalists should distinguish causalism as a general theory of intentional agency from causalism as a theory of intentional action. Specifically, I argue that, while (...) intentional actions may best be understood as the causal products or outcomes of causings, we should identify exercises of intentional agency with causal processes. With a causalist account of intentional agency sketched, I respond to the challenge to causalism from omissions. I argue that when an agent intentionally omits there is a causal process that has a zero-sum outcome. But the causal process is sufficient to make it true that the agent exercises intentional agency in intentionally omitting. (shrink)

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work (...) available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which these interactions manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication. (shrink)

Mainstream political liberals hold that state coercion is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Critics argue that this public justification principle is self-defeating, because it depends on moral justifications that not all may reasonably be expected to accept. To rebut the self-defeat objection, I elaborate on the following disjunction: one either agrees or disagrees that it is wrong to impose one’s morality on others by the coercive power (...) of the state. Those who disagree reject PJP, they understand politics as war. Those who agree accept PJP, they understand politics as competition. Political competitors abide by PJP to avoid politics as war, by enforcing PJP on political combatants they engage in a war that is unavoidable. In both cases their exercise of political power has a justification that is reasonably acceptable to all. (shrink)

We propose a qualitatively new kind of governance for the emerging need to efficiently guide the densely interconnected, ever more complex world development, which is based on explicit and openly presented problem solutions and their interactive implementation practice within the versatile, but unified professional analysis of complex real-world dynamics, involving both the powerful central units and the attached creative worldwide network of professional representatives. We provide fundamental and rigorous scientific arguments in favour of introduction of just that kind of governance (...) at the modern development stage, after the complexity threshold in the real world dynamics evolution (sometimes intuitively designated as "globalisation"), where the traditional spontaneous-empirical kind of development and related administrative governance lose dramatically and inevitably their efficiency and the necessity of explicit consistent understanding and guidance of complex real-world dynamics becomes evident. (shrink)

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...) some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality. (shrink)

I argue that an affirmative answer to the question whether entailments could figure as contents of CI is warranted. In particular, the two features of CI that could rule out entailments from the class of contents that could be conversationally implicated are cancellability and non-conventionality. Entailments are non-cancellable, but this is a reason to conclude that they cannot be CIs only if cancellability is a universal property of CIs; alternatively, one might accept CIs that are entailed by what is said (...) and, on this basis, reject the claim that all CIs are cancellable. I see no compelling reason to go one way or another. So, this criterion does not lead to a principled answer to our question. Turning to non-conventionality, this is a defining feature of CIs, according to Grice. I explore the reasons given in the literature for taking non-conventionality to be a defining feature of CI, and argued that none of them are compelling: lexicalization of dead metaphors does not lead to overgeneration of CIs, and calculability is sufficient to distinguish conventional from conversational implicatures. I propose a definition of CI in terms of calculability alone, which does not rule out entailments. So, the answer to our initial question is, eventually, a tentative ‘yes’. A notable consequence of this definition is that the argument against the cancellability test based on cases of CIs the content of which is entailed by what is said seems a good one after all. This means that CIs are not necessarily cancellable. However, that does not mean that the test is a bad one, inasmuch as non-entailed CIs are still expected to be cancellable. (shrink)

Las éticas tradicionales ya no bastan para satisfacer las demandas de los poderes que el ser humano posee mediante la técnica. El desarrollo de la tecnología ha despertado en la humanidad una serie de preocupaciones que demandan reflexiones éticas sobre lo que es realmente valioso: la vida. La humanidad necesita con urgencia sabiduría para emplear responsablemente el poder que viene de la técnica. Kant propone como base de la moralidad la autonomía de la voluntad libre. Con el fin de saber (...) si existe una razón pura capaz por sí sola de determinar la voluntad sin recurrir a la sensibilidad y a la experiencia, formula una ética del deber. La propuesta de una ética de la responsabilidad de Hans Jonas contiene un nuevo imperativo: las características del principio de responsabilidad. Mostrando que el sujeto ético en la civilización tecnológica es aquel que actúa con cuidado y precaución, la ética de la responsabilidad agrega toda la naturaleza, por lo que el principio de responsabilidad consiste en que asumamos la responsabilidad de la precaución y el cuidado con comportamientos éticos que nos hagan virtuosos preocupándonos por la vida y en búsqueda de un vivir mejor. (shrink)

The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...) distinction between various pragmatic aspects of language use enables us to offer some generalizations about types of pragmatic enrichment that could be taken to form, or not to form, part of what is actually determined by legal expressions. (shrink)

Humean compatibilism combines a Humean conception of laws of nature with a strong dual-ability condition for free will that requires that agents possess the ability to decide differently when they make a free decision. On the Humean view of laws of nature, laws of nature are taken to be contingent non-governing descriptions of significant regularities that obtain in the entire history of the universe. On Humean compatibilism, agents are taken to possess dual ability when making free decisions because what the (...) laws of nature will finally be is (at least partially) dependent upon how an agent decides. In this paper, I argue that the tenability of Humean compatibilism depends in part upon what theory of time is correct. More specifically, I argue that Humean compatibilism is untenable in a deterministic universe if eternalism is true. (shrink)

This Element focuses on some core conceptual and ontological issues related to pantheistic conceptions of God by engaging with recent work in analytic philosophy of religion on this topic. The conceptual and ontological commitments of pantheism are contrasted with those of other conceptions of God. The concept of God assumed by pantheism is clarified and the question about what type of unity the universe must exhibit in order to be identical with God receives the most attention. It is argued that (...) the sort of unity the universe must display is the sort of unity characteristic of conscious cognitive systems. Some alternative ontological frameworks for grounding such cognitive unity are considered. Further, the question of whether God can be understood as personal on pantheism is explored. (shrink)

In his landmark book on philosophical theology, Saving God: Religion After Idolatry, Mark Johnston develops a panentheistic metaphysic of the divine that he contends is compatible with ontological naturalism. On his view, God is the universe, but the ‘is’ is the ‘is’ of constitution, not identity. The universe and God are coinciding objects that share properties but have different essential modal properties and, hence, different persistence conditions. In this paper, I address the problem of accounting for what it is about (...) the organization or structure of the universe that makes it sufficient to constitute the Divine Mind. Specifically, I consider what kind of unity the universe exhibits in virtue of which it constitutes the Divine Mind. I consider how Johnston’s hylomorphic account of the unity of composite objects might be applied to provide a solution and offer an alternative that emends the Johnstonian proposal I present by exploiting a variant of a neo-Aristotelian ontology of causal powers that takes properties to be powerful qualities. On the framework I defend, we can understand the universe as a constellation of powers that displays the sort of unity sufficient to truthfully described it as a Divine Mind. The approach I recommend will, however, ultimately lend itself to a pantheistic metaphysic of the divine rather than Johnston’s preferred panentheism. (shrink)

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...) and large-scale systems such as law. (shrink)