Even though tacit legal norms are deeply important to our past, present, and future, the very idea of unwritten law has been difficult to pin down, and problematic in a range of ways. Existing discussions of the phenomenon fall short of adequacy on one of several fronts: either they have focused on describing the normative features of one kind of unwritten law, or completely conflated the study of unwritten law with natural law, or else offered examinations of unwritten social rules, (...) focussing on (mere) custom, ethics, and/or etiquette. A particular defect is the fact that unwritten law has not been given a treatment by those working in the tradition of analytical jurisprudence. My thesis introduces a novel means of analyzing and explicating the elusive concept of unwritten legal rules, striving thereby to advance the state-of-the-art. In what follows I argue that unwritten laws are informally publicized rules held on the threat of formal sanction by an appropriate political authority. I argue that a law is informally disseminated just in case the appropriate governing theory of law, known to subjects, provides those subjects with a set of instructions about who to defer to concerning the contents of the law, absent dissemination in official venues. I propose that there are at least five potential kinds of unwritten law routinely recognized in legal studies: operations, implicit constitutions, justice norms, fiat rules, and secret laws. Through careful examination of extant theories of law (Aquinas, Hobbes, Foucault, Marx, Austin, Fuller, Hart, and Dworkin), I argue that there are identifiable structural features of the contents of these theories that make them more or less likely to endorse the legal validity of each kind of unwritten law. Throughout the course of the dissertation, I show how we are able to diagnose the ways in which these structural features of our theories of law differentially support the validity of—and shed important, additional light upon—each potential variety of unwritten law. (shrink)

Wolfhart Pannenberg's eschatological ontology has been criticised for undermining the goodness and reality of finite creaturely differentiation. Drawing on David Bentley Hart's recent ontological proposal, this article explores the critique of Pannenberg's ontology, and offers a defence of Pannenberg's depiction of the relationship between difference and totality, especially as it is presented in his 1988 work, Metaphysics and the Idea of God. In this work, Pannenberg articulates a structured relationship between difference and totality in which individual finite particularities are (...) preserved and affirmed within a coherent semantic whole. Creaturely differences are not sublated or eliminated in the eschatological totality, but they are integrated into a harmonious totality of meaning. This view of the semantic function of totality can be further clarified by drawing an analogy between Pannenberg's ontological vision and Robert W. Jenson's model of the eschatological consummation as a narrative conclusion to the drama of finite reality. (shrink)

Wolfhart Pannenberg's eschatological ontology has been criticised for undermining the goodness and reality of finite creaturely differentiation. Drawing on David Bentley Hart's recent ontological proposal, this article explores the critique of Pannenberg's ontology, and offers a defence of Pannenberg's depiction of the relationship between difference and totality, especially as it is presented in his 1988 work, Metaphysics and the Idea of God. In this work, Pannenberg articulates a structured relationship between difference and totality in which individual finite particularities are (...) preserved and affirmed within a coherent semantic whole. Creaturely differences are not sublated or eliminated in the eschatological totality, but they are integrated into a harmonious totality of meaning. This view of the semantic function of totality can be further clarified by drawing an analogy between Pannenberg's ontological vision and Robert W. Jenson's model of the eschatological consummation as a narrative conclusion to the drama of finite reality. (shrink)

Introduction : a slight adjustment -- The one and only law -- The law of the break with law : Badiou and legal ethics -- Raving with reason : Kant and the moral law -- A "useful illusion" : H. L. A. Hart and legal positivism -- The Haitian revolution : one law in action -- Conclusion : how lawful is one law?.

The use of facial recognition systems in concerts provides a perfect pretext to semiotically discuss the role of the face in contemporary culture, identifying different strategies and axiologies (systems of values). In his visionary essay Bruits (“noises”) from 1977, the French thinker Jacques Attali establishes a close connection between music and power and locates it in the site of the collective unfolding of music: the concert hall. Following this hint, the article reconstructs the current debate on facial recognition systems in (...) the music business, with a particular focus on concerts and festivals. The different positions (of musicians, authorities, and professionals) are outlined (some are openly in favor, others openly against), key moments are identified (Beyoncé’s concert in Cardiff, 2017; Jacky Cheung’s in Nanchang, 2018; Taylor Swift’s at the Rose Bowl in Pasadena, 2018; the “banfacialrecognition.com” campaign launched in 2019; the case of Barbara Hart at Brandi Carlile’s show at the Madison Square Garden, 2022) and, finally, the issue is framed within the broader debate about the face as an indexical marker of presence, identity, and humanity (the contrast between Italian philosopher Giorgio Agamben and American sociologist and design theorist Benjamin Bratton is addressed). (shrink)

According to the Bayesian paradigm in the psychology of reasoning, the norms by which everyday human cognition is best evaluated are probabilistic rather than logical in character. Recently, the Bayesian paradigm has been applied to the domain of argumentation, where the fundamental norms are traditionally assumed to be logical. Here, we present a major generalisation of extant Bayesian approaches to argumentation that utilizes a new class of Bayesian learning methods that are better suited to modelling dynamic and conditional inferences than (...) standard Bayesian conditionalization, is able to characterise the special value of logically valid argument schemes in uncertain reasoning contexts, greatly extends the range of inferences and argumentative phenomena that can be adequately described in a Bayesian framework, and undermines some influential theoretical motivations for dual function models of human cognition. We conclude that the probabilistic norms given by the Bayesian approach to rationality are not necessarily at odds with the norms given by classical logic. Rather, the Bayesian theory of argumentation can be seen as justifying and enriching the argumentative norms of classical logic. (shrink)

v. 1. Charmides. Lysis. Laches. Protagoras. Euthydemus. Cratylus. Phaedrus. Ion. Symposium.--v. 2. Meno. Euthyphro. Apology. Crito. Phaedo. Georgias. Appendix I: Lesser Hippias. Alcibiades I. Menexenus. Appenddix II: Alcibiades II. Eryxias.--v. 3. Republic. Timaeus. Critias.--v. 4. Pharmenides. Theaetetus. Sophist. Statesman. Philebus.--v. 5 Laws. Index to the writings of Plato.

Philosophy & Public Affairs, Volume 50, Issue 2, Page 239-266, Spring 2022.

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

In this article, we address a major outstanding question of probabilistic Bayesian epistemology: how should a rational Bayesian agent update their beliefs upon learning an indicative conditional? A number of authors have recently contended that this question is fundamentally underdetermined by Bayesian norms, and hence that there is no single update procedure that rational agents are obliged to follow upon learning an indicative conditional. Here we resist this trend and argue that a core set of widely accepted Bayesian norms is (...) sufficient to identify a normatively privileged updating procedure for this kind of learning. Along the way, we justify a privileged formalization of the notion of ‘epistemic conservativity’, offer a new analysis of the Judy Benjamin problem, and emphasize the distinction between interpreting the content of new evidence and updating one’s beliefs on the basis of that content. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

It is a consequence of the theory of imprecise credences that there exist situations in which rational agents inevitably become less opinionated toward some propositions as they gather more evidence. The fact that an agent's imprecise credal state can dilate in this way is often treated as a strike against the imprecise approach to inductive inference. Here, we show that dilation is not a mere artifact of this approach by demonstrating that opinion loss is countenanced as rational by a substantially (...) broader class of normative theories than has been previously recognised. Specifically, we show that dilation-like phenomena arise even when one abandons the basic assumption that agents have (precise or imprecise) credences of any kind, and follows directly from bedrock norms for rational comparative confidence judgements of the form `I am at least as confident in p as I am in q'. We then use the comparative confidence framework to develop a novel understanding of what exactly gives rise to dilation-like phenomena. By considering opinion loss in this more general setting, we are able to provide a novel assessment of the prospects for an account of inductive inference that is not saddled with the inevitability of rational opinion loss. (shrink)

I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals (...) if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. And even if we assumed we would be accused of a crime, we would consent to an evidentiary standard low enough to allow a conviction rate sufficient to prevent the state of nature. After explaining this justification, I contrast it with the public health quarantine justification defended by Derk Pereboom and Gregg Caruso, and argue that it provides a stronger response to the using criminals as mere means objection. (shrink)

Schupbach and Sprenger introduce a novel probabilistic approach to measuring the explanatory power that a given explanans exerts over a corresponding explanandum. Though we are sympathetic to their general approach, we argue that it does not adequately capture the way in which the causal explanatory power that c exerts on e varies with background knowledge. We then amend their approach so that it does capture this variance. Though our account of explanatory power is less ambitious than Schupbach and Sprenger’s in (...) the sense that it is limited to causal explanatory power, it is also more ambitious because we do not limit its domain to cases where c genuinely explains e. Instead, we claim that c causally explains e if and only if our account says that c explains e with some positive amount of causal explanatory power. 1Introduction 2The Logic of Explanatory Power 3Subjective and Nomic Distributions 3.1Actual degrees of belief 3.2The causal distribution 4Background Knowledge 4.1Conditionalization and colliders 4.2A helpful intervention 5Causal Explanatory Power 5.1The applicability of explanatory power 5.2Statistical relevance ≠ causal explanatory power 5.3Interventionist explanatory power 5.4E illustrated 6Conclusion. (shrink)

This text is a translation of an article of B.L. Whorf “Language, mind and reality" (first published in 1941). The text was originally written for the journal Theosophist (India) during the last year of Whorf's life. The article contains a formulation of the principle of linguistic relativity that relates to the idea of that the world picture of a user of a language depends on the grammar of the language she is using. The article also contains a critique of the (...) Western science from Whorf's theosophist perspective. The paper was translated in Russian by Andrey A. Veretennikov. (shrink)

When viewing a circular coin rotated in depth, it fills an elliptical region of the distal scene. For some, this appears to generate a two-fold experience, in which one sees the coin as simultaneously circular (in light of its 3D shape) and elliptical (in light of its 2D ‘perspectival shape’ or ‘p-shape’). An energetic philosophical debate asks whether the latter p-shapes are genuinely presented in perceptual experience (as ‘perspectivalists’ argue) or if, instead, this appearance is somehow derived or inferred from (...) experience (as ‘anti-perspectivalists’ argue). This debate, however, has largely turned on introspection. In a recent study, Morales, Bax, and Firestone (2020) aim to provide the first empirical test of this question. They asked subjects to find an elliptical coin seen face-on from a search array that also included a circular coin seen either face-on or at an angle. They found that subjects reacted more slowly when the distracting circle was seen at an angle, such that it’s p-shape matched that of the target ellipse. From this, they concluded that the similar p-shape between the ellipse and circle constituted a phenomenal similarity between the two, and thus that perspectivalism is true. We show that these results can also be explained by pre-attentive guidance by unconscious representations (in what follows, just “unconscious pre-attentive guidance”) and that this explanation is at least as plausible as one from phenomenal similarity. Thus, we conclude that the experiment does not support perspectivalism over anti-perspectivalism. (shrink)

This unique volume will appeal to those interested in the philosophy of mind, cognitive science, and artificial intelligence as well as students of Castaneda and Latin American philosophy.

Volume 20, Issue 4, May 2020, Page 102-103.

An apparently increasing number of philosophers take free will skepticism to pose a serious challenge to some of our practices. This must seem odd to many—why should anyone think that free will skepticism is relevant for our practices, when nobody seems to think that other canonical forms of philosophical skepticism are relevant for our practices? Part of the explanation may be epistemic, but here I focus on a metaethical explanation. Free will skepticism is special because it is compatible with ‘basic (...) moral reasons’—moral reasons acknowledged by all mainstream ethicists—and other minds and induction skepticism are not. One example is our reason not to intentionally harm others. Practical seriousness about other minds and induction skepticism undermines this reason, but practical seriousness about free will skepticism only undermines a potential overrider of this reason, that is, the reason of retribution. (shrink)

Impermissivists hold that an agent with a given body of evidence has at most one rationally permitted attitude that she should adopt towards any particular proposition. Permissivists deny this, often motivating permissivism by describing scenarios that pump our intuitions that the agent could reasonably take one of several attitudes toward some proposition. We criticize the following impermissivist response: while it seems like any of that range of attitudes is permissible, what is actually required is the single broad attitude that encompasses (...) all of these single attitudes. While this might seem like an easy way to win over permissivists, we argue that this impermissivist response leads to an indefensible epistemology; permissive intuitions are not so easily co-opted. (shrink)

This paper argues that Kant endorses a distinction between rational and natural sympathy, and it presents an interpretation of rational sympathy as a power of voluntarya posterioriproductive imagination. In rational sympathy we draw on the imagination’s voluntary powers (a) to subjectively unify the contents of intuition, in order to imaginatively put ourselves in others’ places, and (b) to associate imagined intuitional contents with the concepts others use to convey their feelings, in such a way that those contents prompt feelings in (...) us that are like their feelings. (shrink)

G. A. Cohen conceptualizes socialism as luck egalitarianism constrained by a community principle. The latter mitigates certain inequalities to achieve a shared common life. This article explores the plausibility of the community constraint on inequality in light of two related problems. First, if it is voluntary, it fails as a response to “the abandonment objection” to luck egalitarianism, as it would not guarantee imprudent people sufficient resources to avoid deprivation and to function as equal citizens in a democratic society. Contra (...) Cohenite socialism, this appears unjust. Second, if it is instead enforced, coercive equalization beyond sufficiency-constrained luck egalitarianism, which is possibly necessary to achieve a shared common life, seems to require unjustified restrictions on liberty. I therefore argue that the constraint is most plausibly specified as requiring enforcement of sufficiency and only voluntary equalization thereafter. I also note, skeptically, why this constraint might be morally preferable to a purely sufficientarian alternative. (shrink)

We investigate the interactions between scalar implicatures and presuppositions in sentences containing both a scalar item and presupposition trigger. We first critically discuss Gajewski and Sharvit’s previous approach. We then closely examine two ways of integrating an exhaustivity-based theory of scalar implicatures with a trivalent approach to presuppositions. The empirical side of our discussion focuses on two novel observations: the interactions between prosody and monotonicity, and what we call presupposed ignorance. In order to account for these observations, our final proposal (...) relies on two mechanisms of scalar strengthening, the Presupposed Ignorance Principle and an exhaustivity operator which lets the presuppositions of negated alternatives project. (shrink)

The goal of this paper is to explain and defend the following argument: (1) If it can be reasonably doubted that someone had free will with respect to some action, then it is a requirement of justice to refrain from doing serious retributive harm to him in response to that action. (2) Anyone who believes the free will debate to be philosophically valuable must accept that it can be reasonably doubted that anyone ever has free will. (3) Therefore, anyone who (...) believes the free will debate to be philosophically valuable must accept that it is a requirement of justice to refrain from serious retributive harm. (shrink)

Schupbach and Sprenger introduce a novel probabilistic approach to measuring the explanatory power that a given explanans exerts over a corresponding explanandum. Though we are sympathetic to their general approach, we argue that it does not adequately capture the way in which the causal explanatory power that c exerts on e varies with background knowledge. We then amend their approach so that it does capture this variance. Though our account of explanatory power is less ambitious than Schupbach and Sprenger’s in (...) the sense that it is limited to causal explanatory power, it is also more ambitious because we do not limit its domain to cases where c genuinely explains e. Instead, we claim that c causally explains e if and only if our account says that c explains e with some positive amount of causal explanatory power. (shrink)

In the fifth century BCE, Melissus of Samos developed wildly counterintuitive claims against plurality, change, and the reliability of the senses. This book provides a reconstruction of the preserved textual evidence for his philosophy, along with an interpretation of the form and content of each of his arguments. A close examination of his thought reveals an extraordinary clarity and unity in his method and gives us a unique perspective on how philosophy developed in the fifth century, and how Melissus came (...) to be the most prominent representative of what we now call Eleaticism, the monistic philosophy inaugurated by Parmenides. The rich intellectual climate of Ionian enquiry in which Melissus worked is explored and brought to bear on central questions of the interpretation of his fragments. This volume will appeal to students and scholars of early Greek philosophy, and also those working on historical and medical texts. (shrink)

Volume 20, Issue 10, October 2020, Page 90-91.

According to some accounts of exploitation, most notably Ruth Sample’s degradation-based account and Robert Goodin’s vulnerability-based account, exploitation occurs when an advantaged party fails to constrain their advantage in light of another’s disadvantage, regardless of the cause of this disadvantage. Because the duty of constraint in these accounts does not depend on the cause of the disadvantage, the advantaged’s duty of constraint is what I call a ‘come-what-may’ duty. I show that come-what-may duties create moral hazards that can themselves be (...) exploited by the disadvantaged parties. In such cases these accounts of exploitation are either self-frustrating or over-demanding. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...) provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

Objectives To determine the role played by law in medical specialists9 decision-making about withholding and withdrawing life-sustaining treatment from adults who lack capacity, and the extent to which legal knowledge affects whether law is followed. Design Cross-sectional postal survey of medical specialists. Setting The two largest Australian states by population. Participants 649 medical specialists from seven specialties most likely to be involved in end-of-life decision-making in the acute setting. Main outcome measures Compliance with law and the impact of legal knowledge (...) on compliance. Results 649 medical specialists (of 2104 potential participants) completed the survey (response rate 31%). Responses to a hypothetical scenario found a potential low rate of legal compliance, 32% (95% CI 28% to 36%). Knowledge of the law and legal compliance were associated: within compliers, 86% (95% CI 83% to 91%) had specific knowledge of the relevant aspect of the law, compared with 60% (95% CI 55% to 65%) within non-compliers. However, the reasons medical specialists gave for making decisions did not vary according to legal knowledge. Conclusions Medical specialists prioritise patient-related clinical factors over law when confronted with a scenario where legal compliance is inconsistent with what they believe is clinically indicated. Although legally knowledgeable specialists were more likely to comply with the law, compliance in the scenario was not motivated by an intention to follow law. Ethical considerations (which are different from, but often align with, law) are suggested as a more important influence in clinical decision-making. More education and training of doctors is needed to demonstrate the role, relevance and utility of law in end-of-life care. (shrink)

Kant’s notion of (what I will call) rational sympathy solves a problem about how we can voluntarily fulfill our imperfect duty to adopt those ends of others which have value only because they have been set by rational agents, ends which I will refer to as merely permissible ends (MPEs). Others’ MPEs are individuated in terms of their own concepts of their MPEs, and we can only adopt their MPEs in terms of their concepts, since to adopt them in terms (...) of different concepts would be to adopt different ends. Others’ concepts of their MPEs may contain marks of the first person, and should contain no marks of law apart from permissibility. Rational sympathy allows us to adopt ends individuated in terms of concepts with marks of these kinds because rational sympathy allows us to voluntarily adopt others’ first-person perspectives in imagination, and to voluntarily shape our contingent feelings so that such concepts motivate us despite their underdetermination by law. (shrink)