Abstract. There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand, are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand, are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This (...) article considers one facet of this debate: evaluating the relevance of the fact that the remedies available for breach of contract can vary significantly from one jurisdiction to another. This wide variation in remedies for breach of a (contractual) promise is one central difference between promises in morality and enforceable agreements in law. The article asserts that variation of remedies strongly supports the conclusion that there is (and can be) no general, universal theory of Contract Law. (shrink)

Recent work on the history of General Relativity by Renn, Sauer, Janssen et al. shows that Einstein found his field equations partly by a physical strategy including the Newtonian limit, the electromagnetic analogy, and energy conservation. Such themes are similar to those later used by particle physicists. How do Einstein's physical strategy and the particle physics derivations compare? What energy-momentum complex did he use and why? Did Einstein tie conservation to symmetries, and if so, to which? How did his work (...) relate to emerging knowledge of the canonical energy-momentum tensor and its translation-induced conservation? After initially using energy-momentum tensors hand-crafted from the gravitational field equations, Einstein used an identity from his assumed linear coordinate covariance x'=Mx to relate it to the canonical tensor. Usually he avoided using matter Euler-Lagrange equations and so was not well positioned to use or reinvent the Herglotz-Mie-Born understanding that the canonical tensor was conserved due to translation symmetries, a result with roots in Lagrange, Hamilton and Jacobi. Whereas Mie and Born were concerned about the canonical tensor's asymmetry, Einstein did not need to worry because his Entwurf Lagrangian is modeled not so much on Maxwell's theory as on a scalar theory. Einstein's theory thus has a symmetric canonical energy-momentum tensor. But as a result, it also has 3 negative-energy field degrees of freedom. Thus the Entwurf theory fails a 1920s-30s a priori particle physics stability test with antecedents in Lagrange's and Dirichlet's stability work; one might anticipate possible gravitational instability. This critique of the Entwurf theory can be compared with Einstein's 1915 critique of his Entwurf theory for not admitting rotating coordinates and not getting Mercury's perihelion right. One can live with absolute rotation but cannot live with instability. Particle physics also can be useful in the historiography of gravity and space-time, both in assessing the growth of objective knowledge and in suggesting novel lines of inquiry to see whether and how Einstein faced the substantially mathematical issues later encountered in particle physics. This topic can be a useful case study in the history of science on recently reconsidered questions of presentism, whiggism and the like. Future work will show how the history of General Relativity, especially Noether's work, sheds light on particle physics. (shrink)

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

My dissertation seeks to understand our concept of moral claim-rights---rights of one person against another. It achieves this understanding by doing two main things: analyzing our concept of moral claim-rights in terms of our concept of moral duties; and discerning the role in our moral thinking of our concept of moral duties. Along the way, various views of, and issues surrounding, these two concepts are considered. ;Roughly, my view of our concept of moral claim-rights is this: X has a moral (...) claim-right against Y that Y do A if and only if whether Y has a moral duty to do A depends on whether X would desire that Y do A were X instrumentally rational and in possession of full relevant information. Suppose Boris has promised Alice that he will paint her house. She thus has a moral claim-right against Boris that he do so. Does this mean Boris has a moral duty to paint her house? No, since Alice might not desire that Boris paint it . ;Generally, my view of the role of our concept of moral duties in our moral thinking is that, as we think, moral duties are some, but not all, of the considerations bearing upon what one ought morally to do. More specifically, "ought morally" has a two-filter structure---an agent ought morally to perform one or another of those actions available to her which survives two successive stages of filtering. The first stage of filtering involves trading-off considerations of moral duty against those of overall goodness, while the second stage involves trading-off considerations of overall goodness against those of personal interest. In illustration of the first stage, where moral duties are involved, suppose that Alice can make some net contribution to the overall good by slapping Boris. Since Alice has a moral duty not to slap Boris, it is morally impermissible for her to do so unless the contribution she can make to the overall good is quite large. (shrink)

ABSTRACT This paper is intended to stimulate debate amongst stakeholders in the international research community on the topic of returning individual genetic research results to study participants. Pharmacogenetics and disease genetics studies are becoming increasingly prevalent, leading to a growing body of information on genetic associations for drug responsiveness and disease susceptibility with the potential to improve health care. Much of these data are presently characterized as exploratory (non‐validated or hypothesis‐generating). There is, however, a trend for research participants to be (...) permitted access to their personal data if they so choose. Researchers, sponsors, patient advocacy groups, ethics committees and regulatory authorities are consequently confronting the issue of whether, and how, study participants might receive their individual results. Noted international ethico‐legal guidelines and public policy positions in Europe and the United States are reviewed for background. The authors offer ‘Points‐to‐Consider’ regarding returning research results in the context of drug development trials based on their knowledge and experience. These considerations include: the clinical relevance of data, laboratory qualifications, informed consent procedures, confidentiality of medical information and the competency of persons providing results to participants. The discussion is framed as a benefit‐to‐risk assessment to balance the potential positive versus negative consequences to participants, while maintaining the integrity and feasibility of conducting genetic research studies. (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

The ratio of index- and ring-finger lengths is thought to be related to prenatal androgen exposure, and in many, though not all, populations, men have a lower average digit ratio than do women. In many studies an inverse relationship has been observed, among both men and women, between 2D:4D ratio and measures of athletic ability. It has been further suggested that, in hunter-gatherer populations, 2D:4D ratio might also be negatively correlated with hunting ability, itself assumed to be contingent on athleticism. (...) This hypothesis has been tested using endurance running performance among runners from a Western, educated, and industrialized population as a proximate measure of hunting ability. However, it has not previously been tested among actual hunter-gatherers using more ecologically valid measures of hunting ability and success. The current study addresses this question among Tanzanian Hadza hunter-gatherers. I employ a novel method of assessing hunting reputation that, unlike previous methods, allows granular distinctions to be made between hunters at all levels of perceived ability. I find no statistically significant relationship between digit ratio and either hunting reputation or two important hunting skills. I confirm that Hadza men have higher mean 2D:4D ratios than men in many Western populations. I discuss the notion that 2D:4D ratio may be the consequence of an allometric scaling relationship between relative and absolute finger lengths. Although it is difficult to draw clear conclusions from these results, the current study provides no support for the theorized relationship between 2D:4D ratio and hunting skill. (shrink)

Smarandache in 2019 has generalized the algebraic structures to NeutroAlgebraic structures and AntiAlgebraic structures. In this paper, authors, for the first time, define the NeutroAlgebra of neutrosophic triplets group under usual+ and x, built using {Zn, x}, n a composite number, 5 < n < oo, which are not partial algebras. As idempotents in Zn alone are neutrals that contribute to neutrosophic triplets groups, we analyze them and build NeutroAlgebra of idempotents under usual + and x, which are not partial (...) algebras. We prove in this paper the existence theorem for NeutroAlgebra of neutrosophic triplet groups. This proves the neutrals assocaited with neutrosophic triplet groups in { Zn, X} under product is a NeutroAlgebra of triplets. We also prove the non-existence theorem of NeutroAlgebra for neutrosophic triplets in case of Zn when n = 2p, 3p and 4p (for some primes p). Several open problems are proposed. Further, the NeutroAlgebras of extended neutrosophic triplet groups have been obtained. (shrink)

Over the past thirty years, academic dialogues on the relationships between the sciences and religions have flourished, albeit primarily within Judeo-Christian historical, theological and philosophical contexts. Can a Hindu tradition be brought into this dialogue? The Bhagavata Purana is one of the most well-known sacred texts of India, and biology, Darwinism in particular, has become one of the most spirited areas of the science and religion dialogue in academia, as well as in the popular media. This thesis examines the possibility, (...) scope and foundational topics involved in a dialogue between Vaisnava-Hindu theology as found in the Bhāgavata, and the theoretical, philosophical and theological issues surrounding contemporary biology. To examine the possibility and scope of a Bhāgavata-science dialogue, I focus on the theological, ontological, epistemological and teleological presuppositions that each tradition bring to the study of nature, outlining the similarities and differences in their approaches. I establish the grounds for further discussion through a comparative analysis of terms such as "consciousness," "knowledge" and "goal of knowledge" as they appear in the Bhagavata and noteworthy Darwinian texts. My argument is that although prima facie the two traditions appear different in their philosophical, scientific and theological approaches, there are a number of areas of common interest and parallels, especially in their epistemologies and teleologies. In the case of genuine differences, such as their views on the ontology of consciousness, I demonstrate the possibility of reconciliation. Clarifying the conceptual differences, establishing parallels and demonstrating areas of common interests opens the possibility and widens the scope for further dialogue. (shrink)

Direct Informational Semantics, according to which [X]s represent X if ‘Xs cause [X]s’ is a law, and Fodorian naturalistic semantics both suffer from double disjunctivitis. I argue that robustness, properly construed, characterizes both represented properties and representing symbols: two or more properties normally regarded as non-disjunctive may each be nomologically connected to a non-disjunctive symbol, and two or more non-disjunctive symbols may each be nomologically connected to a property. This kind of robustness bifurcates the so-called disjunction problem into a Represented-Disjunction (...) Problem, of which Fodor was aware, and a Representer-Disjunction Problem, of which he was on the whole oblivious. Fodor fails to solve these problems: his solution to the former, the Asymmetric Dependence Condition, presupposes a successful solution to the latter, while possible responses that Fodor might make to the latter either beg the former or cannot be met or else flout the Naturalistic Requirement and the Atomistic Requirement. Even setting the Representer-Disjunction Problem aside, the Represented-Disjunction Problem does not get solved, because the robustness involving phonological/orthographic sequences guarantees that nothing can meet the Asymmetrical Dependence Condition. Indeed there is a serious problem of individuating phonological/orthographic tokens and types in a manner that satisfies Fodor’s expectations. This is made manifest by the presence of orthographic tokens embedded in larger tokens. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Brian Boyd responds:In responding to my critical discussion, Lisa Zunshine restates the argument of Why We Read Fiction at some length but replies to none of my specific criticisms. These criticisms are all based on the evidence of the texts that she offers as case studies, especially Mrs Dalloway and Lolita. Although I—and the textual evidence—contradict her claims, she provides no answers to the criticisms.Let me respond to (...) two restatements. First: "Fictional narratives endlessly experiment with rather than automatically execute our evolved cognitive adaptations" (p. 190). This is often, but almost tautologically, true in the case of experimental fiction, as the work of Richardson, Woolf, and Nabokov (to cite Zunshine's key examples) was in their time. It is not necessarily true in the sense Zunshine especially means it—that authors give us a demanding cognitive workout of our capacity for Theory of Mind by incorporating multiple embedding, A's thoughts of B's thoughts of C's thoughts of D's thoughts of E—even in the case of fictional experimenters like Defoe, Tolstoy, or Joyce, and it is not true of the vast bulk of fiction, from folk tale or jokes to soap operas or pulp [End Page 196] novels, and it cannot therefore be an explanation for "why we read fiction," though it may explain why some of us read some fiction. And to identify overloaded embedding when it is not present, as Zunshine does in discussing Mrs Dalloway, constitutes a simple misreading.Second: "Our Theory of Mind makes literature as we know it possible" (p. 191). Granted, without Theory of Mind we would not have fiction. But nor would we have fiction without many other features of human nature: without sociality, episodic memory, language, childhood pretend play, empathy, the brain's inhibitory mechanisms, folk physics, our mental databases for individuals, and much, much more. An evolutionary and cognitive understanding of fiction needs to take into account many aspects of our capacity for understanding events and stories, not just one.Apart from one three-word phrase, Zunshine's sole quotation from my review is this: "To what extent has Zunshine benefited from the methodology, rather than results, of science?" (I refer to "the results of science" here because I note that although, for instance, she relies most heavily on Simon Baron-Cohen among Theory of Mind researchers, while ignoring major figures in the field like Janet Astington or Josef Perner, she does not even cite the book or any of the more than twenty papers of which Baron-Cohen has been primary author since his 1995 Mindblindness.) Her quotation from my review continues: "Alas, she appears to have learned less than one would have hoped.... Her formulations are often weak and indecisive, hedgings, rather than strong testable hypotheses. Rather than apply scientific stringency to her literary analysis, she seems more interested in exploiting than testing what she can find." She confesses herself puzzled by this charge. Let me explain one simple point.Science's core methodological principle is that claims should be subjected to the test of evidence, and accepted or rejected on the basis of their compatibility with the relevant evidence. Leo Spitzer long ago pointed out that good reading follows scientific method: we read, we make hypotheses about the text, and we either confirm or disconfirm the hypotheses according to what we find in the text, and search for ampler hypotheses when previous ones have been discredited.1 Literary scholarship has long been vitiated by a far flabbier methodology, by the naïve assumption that evidence for a proposition suffices: "I see a and b in the text, therefore my claim C is a valid interpretation." But if reading or interpretation C is incompatible with counter-evidence d and e in the text, it is a falsified hypothesis and needs to yield to a better [End Page 197] reading, an interpretation that can incorporate this counter-evidence. I showed that Zunshine's claims about her prime examples were not compatible with evidence in the texts. She does not challenge the textual counter-evidence I provide, but just ignores it. That is where literary criticism most urgently needs to learn from scientific... (shrink)

The Sleeping Beauty puzzle provides a nice illustration of the approach to self-locating belief defended by Robert Stalnaker in Our Knowledge of the Internal World (Stalnaker, 2008), as well as a test of the utility of that method. The setup of the Sleeping Beauty puzzle is by now fairly familiar. On Sunday Sleeping Beauty is told the rules of the game, and a (known to be) fair coin is flipped. On Monday, Sleeping Beauty is woken, and then put back to (...) sleep. If, and only if, the coin landed tails, she is woken again on Tuesday after having her memory of the Monday awakening erased.1 On Wednesday she is woken again and the game ends. There are a few questions we can ask about Beauty’s attitudes as the game progresses. We’d like to know what her credence that the coin landed heads should be (a) Before she goes to sleep Sunday; (b) When she wakes on Monday; (c) When she wakes on Tuesday; and (d) When she wakes on Wednesday? Standard treatments of the Sleeping Beauty puzzle ignore (d), run together (b) and (c) into one (somewhat ill-formed) question, and then divide theorists into ‘halfers’ or ‘thirders’ depending on how they answer it. Following Stalnaker, I’m going to focus on (b) here, though I’ll have a little to say about (c) and (d) as well. I’ll be following orthodoxy in taking 1 2 to be the clear answer to (a), and in taking the correct answers to (b) and (c) to be independent of how the coin lands, though I’ll briefly question that assumption at the end. An answer to these four questions should respect two different kinds of constraints. The answer for day n should make sense ‘statically’. It should be a sensible answer to the question of what Beauty should do given what information she then has. And the answer should make sense ‘dynamically’. It should be a sensible answer to the question of how Beauty should have updated her credences from some earlier day, given rational credences on the earlier day. As has been fairly clear since the discussion of the problem in Elga (2000), Sleeping Beauty is puzzling because static and dynamic considerations appear to push in different directions.. (shrink)

In this paper I ask how Timaeus explains change within the trianglebased part of his cosmos. Two common views are that change among physical items is somehow caused or enabled by either the forms or the demiurge. I argue for a competing view, on which the physical items are capable of bringing about change by themselves, prior to the intervention of the demiurge, and prior to their being turned into imitations of the forms. I outline three problems for the view (...) that physical things depend on the forms for their causal powers, and show how the view I propose solves each. I then add further arguments for my view, based on (a) statements by Timaeus that seem to favor my view directly, (b) implications of Timaeus’ positions that favor the view, and (c) Timaeus’ explanatory practice in the second half of his speech. (shrink)

Western theism holds that God cannot do evil. Christians also hold that Christ is God the Son and that Christ was tempted to do evil. These claims appear to be jointly inconsistent. I argue that they are not.

In recent years, some philosophers have claimed that we can know a priori that certain external world skeptical hypotheses are false on the basis of a priori knowledge that we are in certain kinds of mental states, and a priori knowledge that those mental states are individuated by contingent environmental factors. Appealing to a distinction between weak and strong a priority, I argue that weakly a priori arguments of this sort would beg the question of whether the skeptical hypothesis under (...) assessment is true, and that the prospect of a sound strongly a priori argument of this sort seems dim. \\\ [David Owens] Contemporary discussion of scepticism focuses on the possibility that most or all of our beliefs might be false. I argue that the hypothesis of massive falsity and the associated 'problem of the external world' are inessential to the scepticisms of Descartes and Hume. What drives Cartesian and Humean scepticism is the demand for certainty: any possibility of error, however local, must be ruled out before we can claim either justified belief or knowledge. Contemporary philosophers have ignored this form of scepticism because they doubt that the demand for certainty can be motivated. But Descartes provides a sound motivation for this demand in the Meditations. (shrink)

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant’s Just War TheoryBrian OrendKant is often cited as one of the first truly international political philosophers. Unlike the vast majority of his predecessors, Kant views a purely domestic or national conception of justice as radically incomplete; we must, he insists, also turn our faculties of critical judgment towards the international plane. When he does so, what results is one of the most powerful and principled conceptions of international (...) justice ever constructed. Kant’s central concept, that it is a demand of our own practical reason that we forge a cosmopolitan federation of free republics, based on the rule of law, human rights, and cultural and commercial development, still resonates today as a plausible and hopeful prescription for humanity’s future.Much of Kant’s international theory has recently received searching analysis and evaluation. But the bulk of this consideration has focused on Kant’s descriptive, as opposed to prescriptive, claims. Lavish attention, for example, has been showered on his assertion that perpetual peace is inevitable—that our natural antagonism will irresistibly incline us, after many failures, to establish an international juridical condition. Comparatively little has been done on thoroughly evaluating Kant’s normative claims of international justice, particularly with regard to his ideal corpus of international law and his concrete recommendations for moving from a global state of nature to a cosmopolitan civil society.1In this paper, I would like to contribute to the latter task by focusing on the moral problem that war poses as, arguably, the most frequent and severe cause [End Page 323] of ruptures in the functioning of the international system.2 In particular, I would like to argue in favour of the controversial, and original, thesis that Kant has a just war theory.3 I would then like to develop that theory in some detail and to explain its strength and suggestiveness. The focus on war seems both helpful and timely. It is helpful in that it provides a specific, graphic example with which one can apprehend more clearly the abstract architecture of Kant’s international vision. It is timely in that, in the wake of the very recent conflicts in Bosnia and Rwanda, and in light of the subsequent formation of the International War Crimes Tribunals at The Hague, renewed attention has been paid to considering what, if anything, constitutes a just war and what is permitted, and what punishable, in terms of conduct in war. A rigorous consideration of what one of the true giants of moral philosophy thought about these issues can only serve to illuminate our understanding of these current events.1. THE TRADITIONAL READING OF KANT: NO JUST WARNearly every commentator on Kant’s international theory of justice who discusses the problem of war in any detail believes that Kant not only has no just war theory, but that he is, moreover, a vicious critic of the core propositions of classical just war theorists, such as Augustine, Aquinas, and Grotius. Howard Williams, for example, says that “Kant has no theory of just war … (j)ustice and war are in conflict with one another and it is our duty as human beings to try to overcome war.” Fernando Teson contends that “Kant dismisses the idea that there could be a just war” and Georg Geismann asserts that, for Kant, “there is no such thing as a just war.” Similarly, W. B. Gallie asserts that “Kant agreed … that nothing but confusion and harm resulted from regarding any wars as just … ” There is a bevy of quotes in the Kantian corpus to support this reading.4One prominent anti-just war quote occurs in Perpetual Peace, when Kant [End Page 324] reflects on the contributions of traditional just war theorists and arrives at the following judgment:It is therefore to be wondered at that the word right has not been completely banished from military politics as superfluous pedantry, and that no state has been bold enough to declare itself publicly in favour of doing so. For Hugo Grotius, Pufendorf, Vattel and the rest (sorry comforters as they are) are still dutifully quoted in justification of military aggression, although their philosophically or diplomatically formulated codes do not and... (shrink)

Religions don’t simply make claims about the world; they also offer existential resources, resources for dealing with basic human problems, such as the need for meaning, love, identity, and personal growth. For instance, a Buddhist’s resources for addressing these existential needs are different than a Christian’s. Now, imagine someone who is agnostic but who is deciding whether to put faith in religion A or religion B. Suppose she thinks A and B are evidentially on par, but she regards A as (...) offering much more by way of existential resources. Is it epistemically rational for her to put her faith in A rather than B on this basis? It is natural to answer No. After all, what do the existential resources of a religion have to do with its truth? However, I argue that this attitude is mistaken. My thesis is that the extent to which it is good for a certain religion to be true is relevant to the epistemic rationality of faith in that religion. This is plausible, I’ll argue, on the correct account of the nature of faith, including the ways that emotion and desire can figure into faith and contribute to its epistemic rationality. (shrink)

Is the field of general jurisprudence catching up – or is it simply getting distracted? Whereas legal philosophy has always featured claims about the content of the folk concept of law, it is only in the last few years that it has begun to self-consciously test those claims. Kenneth Himma’s recent review of this effort in Jurisprudence is a milestone: it reveals X-Jur as having progressed to the point of attracting broader philosophical attention, and it challenges X-Jur’s practitioners to persuade (...) those not already convinced of the potential of alternatives to the analytic method. I take Himma’s critique as an opportunity to sketch some preliminaries for a theory of experimental jurisprudence, considering, in turn, the nature of jurisprudential truth, the role of expertise, and how empirical data might best be interpreted to help adjudicate claims about the content of the folk concept. I conclude with a brief discussion of the field’s future. (shrink)

One of the benefits of the 2D framework we looked at last week was that it explained how we could understand a sentence without knowing which proposition it expressed. And we could do this even if we give an account of understanding which is closely tied to the possible worlds semantics we use to analyse propositions. Really this can be done very easily, without appeal to any high-flying Kripkean cases. In “Analytic Metaphysics” Jackson discusses a very simple case of it. (...) I can understand an utterance of “I have a beard” without knowing which proposition it expresses. I know how the proposition is generated from context plus meaning, if X is the speaker then the sentence expresses the proposition X has a beard. And that is enough for understanding. But if I don’t know who said the sentence, so I don’t know who X is, I don’t know which proposition is expressed by that utterance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Montaigne on Witches and the Authority of Religion in the Public SphereBrian RibeiroThe pleasure in reading Michel de Montaigne, the French Counter-Reformer and fideistic skeptic, is due in no small part to the ways in which he so frequently defeats our expectations. The surprises occur at several levels, beginning with the very titles of his essays, which frequently have little to do with the topics he actually discusses. Who, (...) for example, would expect an essay titled "Of Three Good Women" (II.35) to praise the three women for their variously successful attempts at committing suicide—and little else? Or who would expect an essay with the innocent title "On Some Verses of Virgil" (II.5) to be richly confessional, as well as very explicitly sexual? Or, as one final example, who would expect an essay "Of Cripples" (II.11) to either (a) discuss the witch trials or (b) discuss cripples principally in terms of whether the lame make better sexual partners?The surprises are not confined to the formal features of Montaigne's text, but also appear in the views he articulates. We would not expect an early modern Frenchman to write so sympathetically and even admiringly about the cannibals of the New World (I.31). Nor would we expect an early modern French Catholic to write in opposition to the witch trials. Montaigne does both—with incredible finesse. But despite the attractively progressive attitude seemingly manifested in these two stances, Montaigne's overall view is in fact far more conservative and quietistic than we might expect, were we judging based only on these few cases. And so he surprises us yet again: We are surprised to find him opposing the witch trials, and we are surprised a second time to find that his opposition does not signal any deeper tendency toward progressive or politically liberal views. In short, there is good reason [End Page 235] to see Montaigne's general stance as firmly traditional. While he sometimes expresses apparently progressive views, he does so in a way that has no stable basis in his overall conceptual scheme, as I will argue. Of course, merely observing this tension in Montaigne's work is nothing new. Hugo Friedrich, writing in 1949, and discussing II.11, claimed that "Montaigne bravely takes a position against the delusion of the masses and against clerical fanaticism."1 But in the same passage (and elsewhere) Friedrich shows himself to be well-aware that this apparent radicalism is balanced by Montaigne's conservatism.2 That tension—in a nutshell—encapsulates the debate.3 However, "Of Cripples" presents this tension in its most perplexing form, making a detailed analysis of II.11 our best hope of making progress on the debate.4To support these claims I propose to offer a careful textual analysis of Montaigne's discussion of the witch trials in "Of Cripples."5 After considering several philosophical interpretations of his key Augustinian principle, I will argue that Montaigne's critique of the witch trials is primarily driven by problems internal to the religious perspective, and so does not represent an attempt to circumscribe the authority of religion in the public sphere more generally.6 Such a position, then, is both traditional and quietistic—another of Montaigne's surprises for his readers. If this is correct, then one of the principal texts used for promoting a "liberal" Montaigne—namely, II.11—can be be reappropriated by the defenders of a "quietistic" Montaigne. Nonetheless, even on my reading, there remain some incompletely resolved tensions. That, perhaps, is no less than we should expect from history's only self-proclaimed "accidental philosopher."7IMontaigne opens "Of Cripples" by discussing the Gregorian reform of the calendar, which had been adopted in France in 1582. Yet as odd as this opening is, it serves to quickly introduce a familiar theme in the Essays: Even so basic a matter as the calendar is subject to "[s] o much uncertainty"—just like everything else—that "we are every day in doubt" about how to "keep a record of past events" (F, pp. 784–85). These thoughts are then quickly transformed into a skeptical reflection on human reason itself... (shrink)

One popular sort of argument for the death penalty depends on the idea of possibly saving innocent lives through added deterrent value. Defenders of such arguments generally concede that: a) we do not know whether or not the death penalty actually adds marginal deterrent value beyond life in prison, and b) any actual death penalty regime is likely to include the execution of some innocent people. Use of the death penalty might save some innocent people, but it is also likely (...) that it will lead us to kill some innocent people. In the present paper, I attempt to give consideration to both sorts of innocents. I argue that it is morally more serious to intentionally kill people who are innocent than it is to fail to save innocent people whose death is in no way intended. Thus, in the absence of compelling evidence that our use of the death penalty would save significantly more innocent people than it would kill, we should err on the side of not using the death penalty as a means to try to achieve added deterrent value. (shrink)

It is widely accepted that there is what has been called a non-hypocrisy norm on the appropriateness of moral blame; roughly, one has standing to blame only if one is not guilty of the very offence one seeks to criticize. Our acceptance of this norm is embodied in the common retort to criticism, “Who are you to blame me?”. But there is a paradox lurking behind this commonplace norm. If it is always inappropriate for x to blame y for a (...) wrong that x has committed, then all cases in which x blames x (i.e. cases of self-blame) are rendered inappropriate. But it seems to be ethical common-sense that we are often, sadly, in position (indeed, excellent, privileged position) to blame ourselves for our own moral failings. And thus we have a paradox: a conflict between the inappropriateness of hypocritical blame, and the appropriateness of self-blame. We consider several ways of resolving the paradox, and contend none is as defensible as a position that simply accepts it: we should never blame ourselves. In defending this startling position, we defend a crucial distinction between self-blame and guilt. (shrink)

This paper illustrates how Priestley duality can be used in the transfer of an optimal natural duality from a minimal generating algebra for a quasi-variety to other generating algebras. Detailed calculations are given for the quasi-variety \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document} $$\mathbb{I}\mathbb{S}\mathbb{P}(\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle-}$}}{4} )$$ \end{document} of Kleene algebras and the quasi-varieties \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document} $$B$$ \end{document}n of pseudocomplemented distributive lattices (n ≥ 1).

For a number of years, in the not too distant past, there was a lively debate between Plato's defenders and critics over the question of whether his Republic contained slaves. However, since the appearance of an article by Gregory Vlastos1 some twenty years ago, it seems to have been generally felt that the issue has been resolved, and the controversy has died down. Vlastos argued that the evidence admits of no doubt - Plato included slaves in his ideal state. In (...) this paper, I wish to have the case reopened, and to revive interest in what I believe should continue to be a matter of debate. In opposition to what has become the standard view, I am inclined to think, on balance, that his Republic could not contain slaves. Vlastos begins by reminding us that, on those occasions when Plato wants to propose a radical change from existing institutions, he argues for such a change. If he had intended to abolish slavery from his ideal society, this would have been a radical change, and we should have expected him to indicate clearly such an intention, and to justify it. Since no justification is forthcoming, we may presume that no change is envisaged. This line of argument I shall call the presumptive argument. One version of it is mentioned by R. B. Levinson,2 namely that the rough and dirty work, carried on behind the scene by slaves, will take place as usual, and the continuance of slavery is assumed without question. (shrink)

The theory of rational decision has always been implicitly involved with subjunctive and counterfactual conditionals. “If I were to do A, this would happen; if I were to do B that would happen. ” When I have done A, I use the counterfactual: “If I had done B, the outcome would have been worse. ” Counterfactuals are handled so smoothly in decision theory and game theory that they are hardly ever explicitly discussed except in cases where they cause problems. For (...) many philosophers, Newcomb’s paradox was such a critical case ). In game theory, questions about beliefs off the equilibrium path in extensive form games and related issues of backward and forward induction provoked explicit discussion of counterfactuals , Bicchieri , Binmore , Harsanyi and Selten , Reny , Stalnaker , ). Where subjunctive conditionals cause problems, we need an explicit theory. What theory should we use? There is the selection function semantics of Stalnaker based on the idea of “most similar possible world in which the antecedent is true”, and related theories of Woodruff , Lewis , Pollock , Nute , which relax some of Stalnaker’s assumptions. (shrink)

Kit Fine has reawakened a puzzle about variables with a long history in analytic philosophy, labeling it “the antinomy of the variable”. Fine suggests that the antinomy demands a reconceptualization of the role of variables in mathematics, natural language semantics, and first-order logic. The difficulty arises because: (i) the variables ‘x’ and ‘y’ cannot be synonymous, since they make different contributions when they jointly occur within a sentence, but (ii) there is a strong temptation to say that distinct variables ‘x’ (...) and ‘y’ are synonymous, since sentences differing by the total, proper substitution of ‘x’ for ‘y’ always agree in meaning. We offer a precise interpretation of the challenge posed by (i) and (ii). We then develop some neglected passages of Tarski to show that his semantics for variables has the resources to resolve the antinomy without abandoning standard compositional semantics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AND NONVIOLENCE IN HINDU RELIGIOUS TRADITIONS Francis X. Clooney, SJ. Boston College Outline I.Violence, Sacrifice and Ritual 1. Some basic attitudes toward the killing of animals 2.Resolving the problem of sacrificial violence by internalization 3.Substitutions 4.Renunciation and nonviolence: an elite pathway 5.Violence andnonviolenceinrelation to vegetarianism: Hans Schmidt's theses?. Traditional Hindu Theorizations of Violence in Mimamsa Ritual Theory and Vedanta Theology 1. The ritual analysis (at Mimamsa Sutra 1.1.2) (...) of the Shyena rite which is performed in order to harm enemies 2.The Vedanta analysis (at Uttara Mimamsa Sutra 3.1.25) of ritual violence in relation to the prohibition of violence??. Violence in the Life of the State HOFrancis X. Clooney, S.J. 1. The royal power to punish (danda) 2.The synthesis of the ideals of brahmin and king a..The distribution and management of violence in the Laws ofManu (1st century CE) b. Policy toward warfare in the Arthashastra of Kautilya 3.The collapse of the brahmanical synthesis—and the emergence of a (seemingly) more nonviolent Hinduism 4.A comment on Gandhi (1 869-1948) and the contemporary emergence of post-Gandhian Hindu perspectives IV.Alternate Views from Outside the Sanskritic Tradition 1. Tamil Wisdom on Violence and Nonviolence: a.Tirukkural (c. 2nd century CE) b.Cilappatikaram (5th century CE) 2.Blood and Goddesses 3.From a Village Perspective a. Some Trouble with Cows b.Mahasweta Devi and the Literary Exposure of Violence V.The Question of a Christian Perspective on the Hindu Treatment of Violence and Religion: Are Victims Necessary? Some Presuppositions: • The following reflections, complex as they are, are governed by a reluctance to simplify Hindu teaching. I seek to avoid the view that the Hindu traditions had only one view of violence and nonviolence. • I use the term "Hindu" loosely and as a shorthand, without claiming that there is a single Hindu tradition, or a single creed shared by all Hindus, or a single attitude toward violence. But neither do I claim that there are simply many traditions without any common elements which justify the appellation "Hindu." • I am reluctant to idealize the Hindu traditions as if nonviolence must necessarily be taken as the epitome ofHindu thought. India's traditions are complex, and require complex treatment. • A serious artificiality of this paper is that I treat Hinduism without simultaneously lookinginto Buddhist andJain materials, though both were traditions with important and enduring commitments to nonviolence. Particularly with respect to the renunciant, marginal components of traditions, one ought not to make overly neat or decisive distinctions Violence and Nonviolence in Hindu Religious Traditions 1 1 1 between the Hindu, Buddhist, and Jain theories and practices related to violence and nonviolence. • I attempt to give preference to indigenous discussions ofissues related to violence and nonviolence; the context and mode of thinking are important, notjust the conclusions drawn. I therefore avoid simply mining Hindu texts for an answer to a contemporary question, "What is the Hindu attitude toward violence and nonviolence?" • In most ofwhat follows we must distinguish contexts where "violence" indicates "physical action which causes pain to some living being," from contexts where "violence" indicates "an intention, rooted in anger or malice, to hurt someone." I use the word "violence" for both in order to highlight the complex issues of distinction involved. In considering the Sanskrit formulations, one likewise has to distinguish himsa as "causing pain" from himsa as "intending to harm." • It is often difficult to date ancient texts, and even when one narrows down a date—within 200-300 years—its significance still depends on other, often equally broadly stated dates. Nevertheless, I do offer dates throughout, as summarized here: •ancient Vedic sacrificial practices, from before 1200 BCE •Vedic ritual analyses and reformulations of sacrifices as ritualized acts, in the Brahmanas, from after 1000 BCE •the Upanishadic exploration of the deeper meanings of ritual and interiorized alternatives to ritual, from after 900 BCE •the Buddha, c. 500 BCE •key texts in the theorization of royal power, The Laws of Manu (beginning of Common Era) and Arthashastra (c. 150 CE) •the Tamil wisdom text Tirukkural (100 CE) •Goddess texts as evidenced in Sanskrit formulations, from after 500 CE... (shrink)

Recent evidence suggests that performance on reasoning tasks may reflect the operation of a number of distinct cognitive mechanisms and processes. This paper explores the implications of this view of the mind for the descriptive and normative assessment of reasoning. I suggest that descriptive questions such as “Are we equipped to reason using rule X?” and normative questions such as “Are we rational?” are obsolete—they do not possess a fine enough grain of architectural resolution to accurately characterize the mind. I (...) explore how this general lesson can apply to specific experimental interpretations, and suggest that 'rationality' must be evaluated along a number of importantly distinct dimensions. (shrink)

In this paper I look at Dominique Janicaud’s proposal for a minimalist phenomenology. He develops this proposal in Phenomenology wide open, a sequel of sorts to his essay on the ‘Theological turn.’ Eschewing his polemics, I try to determine (a) the problem that he hopes minimalist phenomenology will solve; (b) the nature of this minimalism and how it differs from other approaches to phenomenology; and (c) critically evaluate some aspects of this minimalism, wondering if the gains of minimalist phenomenology are (...) worth what is given up in minimizing it. (shrink)

Change and local spatial variation are missing in canonical General Relativity's observables as usually defined, an aspect of the problem of time. Definitions can be tested using equivalent formulations of a theory, non-gauge and gauge, because they must have equivalent observables and everything is observable in the non-gauge formulation. Taking an observable from the non-gauge formulation and finding the equivalent in the gauge formulation, one requires that the equivalent be an observable, thus constraining definitions. For massive photons, the de Broglie-Proca (...) non-gauge formulation observable A_{\mu} is equivalent to the Stueckelberg-Utiyama gauge formulation quantity A_{\mu} + \partial_{\mu} \phi, which must therefore be an observable. To achieve that result, observables must have 0 Poisson bracket not with each first-class constraint, but with the Rosenfeld-Anderson-Bergmann-Castellani gauge generator G, a tuned sum of first-class constraints, in accord with the Pons-Salisbury-Sundermeyer definition of observables. The definition for external gauge symmetries can be tested using massive gravity, where one can install gauge freedom by parametrization with clock fields X^A. The non-gauge observable g^{\mu\nu} has the gauge equivalent X^A,_{\mu} g^{\mu\nu} X^B,_{\nu}. The Poisson bracket of X^A,_{\mu} g^{\mu\nu} X^B,_{\nu} with G turns out to be not 0 but a Lie derivative. This non-zero Poisson bracket refines and systematizes Kuchař's proposal to relax the 0 Poisson bracket condition with the Hamiltonian constraint. Thus observables need covariance, not invariance, in relation to external gauge symmetries. The Lagrangian and Hamiltonian for massive gravity are those of General Relativity + \Lambda + 4 scalars, so the same definition of observables applies to General Relativity. Local fields such as g_{\mu\nu} are observables. Thus observables change. Requiring equivalent observables for equivalent theories also recovers Hamiltonian-Lagrangian equivalence. (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

In this paper I compare Timothy Williamson's knowledge rule of assertion with Ishani Maitra and Brian Weatherson's action rule. The paper is in two parts. In the first part I present and respond to Maitra and Weatherson's master argument against the knowledge rule. I argue that while its second premise, to the effect that an action X can be the thing to do though one is in no position to know that it is, is true, its first premise is (...) not: the data do not support the claim that whenever X is the thing for one to do, one is in a position to assert that it is. In the second part I consider Maitra and Weatherson's alternative hypotheses, arguing that they do not provide a better explanation of the linguistic data. I conclude, in particular, that the knowledge rule is preferable to the action rule. (shrink)

Conspiracy theories and conspiracy theorists have been accused of a great many sins, but are the conspiracy theories conspiracy theorists believe epistemically problematic? Well, according to some recent work, yes, they are. Yet a number of other philosophers like Brian L. Keeley, Charles Pigden, Kurtis Hagen, Lee Basham, and the like have argued ‘No!’ I will argue that there are features of certain conspiracy theories which license suspicion of such theories. I will also argue that these features only license (...) a limited suspicion of these conspiracy theories, and thus we need to be careful about generalising from such suspicions to a view of the warrant of conspiracy theories more generally. To understand why, we need to get to the bottom of what exactly makes us suspicious of certain conspiracy theories, and how being suspicious of a conspiracy theory does not always tell us anything about how likely the theory in question is to be false. (shrink)

I argue that for those who migrate to other countries for economic survival and political asylum, historical trauma wounds across geographical space. Using the work of David Eng and Nadine Naber on queer and feminist diasporas, I contend that homogeneous discourses of Filipino nationalism simplify and erase transphobia, homophobia, and heterosexism, giving rise to intergenerational conflict and the passing-on of trauma among activists in the United States. Focusing on Filipina/o/x American activist organizations, I center intergenerational conflict among leaders, highlighting transphobic (...) and homophobic struggles that commonly arise in cisgender women majority spaces. I contextualize these struggles, linking them to traumas inherited through legacies of colonialism, feudalism, imperialism, hetero-patriarchy, capitalism, and white supremacy. I inquire: how does historical and personal trauma merge and shape activist relationships and conflict, and what are activists doing to disrupt and work through historical trauma? I advocate for a decolonizing approach for “acting out” and “working through” trauma and healing collectively. By exploring conflict in organizations shaped by dominant Filipino nationalist ideologies, I resist romantic notions of the diaspora. Revealing the ways that dominant Filipino nationalism perpetuates a simultaneous erasure of nonnormative histories and bodies and epistemological and interpersonal violence among activists, I reject homogeneous conceptions of nationalism and open up possibilities for decolonial organizing praxis. (shrink)

One central claim of orthodox Christianity is that in Jesus of Nazareth, God became man. On Chalcedonian orthodoxy, this involves one person, God the Son, having two natures, divine and human. If He does, one person has two properties, deity and humanity. But the Incarnation also involves concrete objects, God the Son (GS), Jesus’s human body (B) and—I will assume—Jesus’s human soul (S). If God becomes human, GS, B and S somehow become one thing. It would be good to have (...) a metaphysical account of their oneness. I have suggested one. Thomas Senor has criticized my suggestion. I now reply to his case. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Socially Engaged BuddhismBrian KarafinSocially Engaged Buddhism. By Sallie B. King. Honolulu: University of Hawai‘i Press, 2009. 192 pp.In a chapter on the philosophical and ethical foundations of the socially engaged Buddhist movement, Sallie King retells a story from the Burmese liberation struggle against military dictatorship. The story was originally told by Aung San Suu Kyi (b. 1945), the Burmese Buddhist activist who is one of the several representative (...) figures (heroes and heroines) of King’s synoptic account of the modern tradition of Engaged Buddhism. An activist against the dictatorship, Uncle U Kyi Maung, being interrogated by officers of military intelligence as to why he had joined the National League for Democracy, the organization headed by Aung San Suu Kyi, Uncle Maung replied: “For your sake” (p. 32).This story of Buddhist resistance can stand as a representative anecdote for King’s useful history of Engaged Buddhism. The context is one of political oppression and torture, abuse of human rights and repression of democracy, and the attempt to respond to this historical situation from a perspective rooted in the traditional Buddhist spirituality of Asia in a fashion that makes that spirituality relevant to the crises of modernity. The interrogated activist responds to the threat of torture with courage rooted in a Buddhist spiritual practice, and thus is able to assert a political stance grounded in a compassionate recognition of his interdependence with the so-called enemy who is temporarily holding power over him. This constellation of factors illustrates the phenomenon of Engaged Buddhism: It is a form of Buddhist spirituality, not a departure from tradition but an application of traditional ideas—of compassion, interdependence, impermanence, no-self, karma, and others—to the modern period, and specifically to a modern Buddhist Asia riven by war, political oppression, ecological crisis, and capitalist globalization in economics and culture. [End Page 215] This application of Buddhist spirituality to modern Asian (and global, though King’s focus is on Asia) history represents an alternative form of politics, and specifically of political resistance: nonviolent, nonadversarial, rooted in indigenous Asian cultures rather than imported from the West (as would be the case with the various Marxist and liberal political ideologies also at play in the colonial and postcolonial period that saw the development of engaged Buddhism). This is a political resistance, in King’s presentation, grounded in compassion rather than justice, and thereby offering to global observers a significantly different slant on modern politics than the Western ideologies and movements, secular as well as religious.“Engaged Buddhism” as a term, says King, was coined by Thích Nhất Hạnh (b. 1926) in the context of the war in Vietnam. This was to be a form of Buddhism that drew on the traditional sources (wisdom that knows interdependence/emptiness and compassion that acts on that wisdom) but found skillful means to intervene concretely in the multiple crises related to the war: in the form of social service work including education, but also political activism to address the underlying causes of the war. King demonstrates with this example of Thích Nhất Hạnh and Vietnam the combination of traditional Buddhist ideas with modern contexts of practical application that characterize the movement as a whole. The template of the “four noble truths” is foundational to Thích Nhất Hạnh’s thought—suffering, its causes, the cessation of suffering and the path to that cessation. But in a world of war and political oppression the causes of suffering cannot be only located intra-psychically—yes, the afflictive mental states of greed, hatred, and delusion are the ultimate sources, but the deluded collective hatred that issues in war must be seen as a relatively autonomous factor calling for its own analysis and response. If the orphans of a bombed-out village can be said to suffer from afflictive mental states it is really the minds of those carrying out the bombing who must be transformed, and this obviously requires intervention into the political realm, given that the war makers are not themselves usually willing to sit down and explore the causes of their unskillful behavior. Hence, engaged Buddhism is Buddhism in... (shrink)