The concept of a rule that primarily interests Wittgenstein is one that is central to our understanding of 'what is possible before all new discoveries and inventions'. Wittgenstein's investigations of the concept of a rule run 'criss‐cross in every direction'. As Wittgenstein points out, 'any interpretation still hangs in the air along with what it interprets, and cannot give it any support'. Like our inner mental picture of a cube, what we think of as an interpretation of a (...) rule doesn't by itself predetermine the steps that accord with the rule it supposedly interprets. In his great work, Philosophical Investigations, Wittgenstein aims both to uncover the sources of these difficulties and to show his readers how to overcome them. In particular, he aims to expose the emptiness of tempting philosophical explanations of the notion of grounds for correct continuation of a rule. (shrink)

Scoring rules measure the deviation between a forecast, which assigns degrees of confidence to various events, and reality. Strictly proper scoring rules have the property that for any forecast, the mathematical expectation of the score of a forecast p by the lights of p is strictly better than the mathematical expectation of any other forecast q by the lights of p. Forecasts need not satisfy the axioms of the probability calculus, but Predd et al. [9] have shown that given a (...) finite sample space and any strictly proper additive and continuous scoring rule, the score for any forecast that does not satisfy the axioms of probability is strictly dominated by the score for some probabilistically consistent forecast. Recently, this result has been extended to non-additive continuous scoring rules. In this paper, a condition weaker than continuity is given that suffices for the result, and the condition is proved to be optimal. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the (...) ideas that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. (...) Indeed, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

I introduce an account of when a rule normatively sustains a practice. My basic proposal is that a rule normatively sustains a practice when the value achieved by following the rule explains why agents continue following that rule, thus establishing and sustaining a pattern of activity. I apply this model to practices of belief management and identifies a substantive normative connection between knowledge and belief. More specifically, I proposes one special way that knowledge might set the (...) normative standard for belief: knowing is essentially the unique way of normatively sustaining cognition and, thereby, inquiry. In this respect, my proposal can be seen as one way of elaborating a “knowledge-first” normative theory. (shrink)

In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as (...) ominous evidence of the rule of law's fragility in modern liberal democracy. (shrink)

Understanding the components of clinical care that work best is a cornerstone of improving health care. And yet, the more we improve the quality of quality improvement and move to continuous learning about clinical care more broadly, the more we find ourselves in a regulatory environment that makes evaluation more difficult, expensive, and, in some situations, impossible. In their paper on the ethical underpinnings of the distinction between research and treatment, Ruth Faden and colleagues raise important implications for a wide (...) array of situations. These points give reason to rethink the definition of routine clinical operations to include evaluation of the processes and outcomes of care and dissemination of findings. We concur with the assertion by Faden and colleagues, and with previous work from The Hastings Center, that conducting continuous improvement activities such as these is an obligation of health systems and clinicians. We believe that rigorous, systematic evaluation should be considered part of normal, expected operations, rather than exceptional behavior that requires extraordinary regulatory control. (shrink)

This paper continues the discussion of three values of sport (safety, fairness, inclusion) that has developed around the theme of inclusion of transwomen in the female category in World Rugby, as discussed by Pike, Burke and Imbrišević. In contrast to their discussion, in which these three values have been seen from the limited perspective of the inclusion of one group of athletes into a specific category of one sport, they are here discussed in the context of the categorization in sport (...) in general, with a focus on constitutive and eligibility rules. Constitutive rules give a strong foundation for eligibility rules. From the perspective of eligibility rules, the value of inclusion is identified as the underlying main value, while fairness and safety are its functions. This view rehabilitates the value of inclusion and has implications for how we think about the inclusion of athletes in sport, and for the creation of categories. (shrink)

This paper forges links between early analytic philosophy and the posits of semiotics. I show that there are some striking and potentially quite important, but perhaps unrecognized, connections between three key concepts in Wittgenstein’s middle and later philosophy, namely, complex, rule-following, and language games. This reveals the existence of a conceptual continuity between Wittgenstein’s “early” and “later” philosophy that can be applied to the analysis of the iterability of representation in computer-generated images. Methodologically, this paper clarifies to at least (...) some degree, the nature, progress and promise of an approach to doing philosophy and semiotics from a modally modest perspective that sees in the intellectual products of humanities, and not in unreflective empiricism, the future of scientific development. This hybrid, non-reductionist approach shows, among other things, that semiotic processes are encoded by specific types of complexes in computer-generated images that display iterability in time and space. (shrink)

Why should I take care of my aging parents? How far will morality require me to sacrifice for this cause? I will study these questions from the perspectives of Confucianism and rule‐consequentialism. Confucians believe that the continuity of families and the interactions between members of different generations can enhance the integrity of society in the long run. However, since Confucianism may impose extreme demands on its followers, this theory may be problematic. In this paper, I argue that despite its (...) demands, the Confucian doctrines are defensible and are worth upholding. To explain my view, I draw upon rule‐consequentialism and explain how the rule‐consequentialist analysis complements and enhances the Confucian claims. I believe that the consequentialist conception of Confucianism can provide a useful resource for responding to the moral challenge of population aging in the current state of the world. (shrink)

I examine the reasons Aristotle presents in Physics VIII 8 for denying a crucial assumption of Zeno’s dichotomy paradox: that every motion is composed of sub-motions. Aristotle claims that a unified motion is divisible into motions only in potentiality (δυνάμει). If it were actually divided at some point, the mobile would need to have arrived at and then have departed from this point, and that would require some interval of rest. Commentators have generally found Aristotle’s reasoning unconvincing. Against David Bostock (...) and Richard Sorabji, inter alia, I argue that Aristotle offers a plausible and internally consistent response to Zeno. I defend Aristotle’s reasoning by using his discussion of what to say about the mobile at boundary instants, transitions between change and rest. There Aristotle articulates what I call the Changes are Open, Rests are Closed Rule: what is true of something at a boundary instant is what is true of it over the time of its rest. By contrast, predications true of something over its period of change are not true of the thing at either of the boundary instants of that change. I argue that this rule issues from Aristotle’s general understanding of change, as laid out in Phys. III. It also fits well with Phys. VI, where Aristotle maintains that there is a first boundary instant included in the time of rest, but not a “first in which the mobile began to change.” I then show how this rule underlies Aristotle’s argument that a continuous motion cannot be composed of actual sub-motions. Aristotle distinguishes potential middles, points passed through en route to a terminus, from actual middles. The Changes are Open, Rests are Closed Rule only applies to actual middles, because only they are boundaries of change that the mobile must arrive at and then depart from. On my reading, Aristotle argues that the instant of arrival, the first instant at which the mobile has come to be at the actual middle, cannot belong to the time of the subsequent motion. If it did, the mobile would already be moving towards the next terminus and thus, per Phys. VI 6, would have already left. But it cannot have moved away from the midpoint at the very same moment it has arrived there. This means that the instant of arrival must be separated from the time of departure by an interval of rest. I show how Aristotle’s reasoning applies generally to rule out any continuous reflexive motion or continuous complex rectilinear motion. On my interpretation, however, the argument does not apply to every change of direction. When, as in the case of projectile motion, multiple movers and their relative powers explain why the mobile changes directions, distinct sub-motions are not involved. Aristotle holds that such motions cannot be continuous, not because they involve intervals of rest, but because they involve multiple causes of motion. My interpretation of the Changes are Open, Rests are Closed Rule allows us to make better sense of Aristotle’s argument than any previous interpretation. (shrink)

This article aims to contribute to the theoretical discussion about the rule of law and about its definition by looking at situations where the rule of law is put to the test - states of emergency. States of emergency and laws of exception have specific characteristics, one fundamental characteristic being that legislative power is shifted to the executive - in other words, democracies become less democratic. By analysing the principle of the rule of law in conjunction with (...) the nature of emergencies and the structure of states of emergency, their interconnection will become more transparent. It will logically demonstrate that rules regarding states of exception concern only liberal democracies and that the rule of law has to continue its rule also within times of crisis. I will argue that there is no democracy without a conception of the rule of law. The rule of law only works in democracies and is therefore inapplicable to authoritarian regimes. Having established that, this article adds to the legal-theoretical understanding of the rules of emergency powers by elaborating them on the basis of the concepts democracy, rule of law and separation of powers. (shrink)

Building on previous work by Mints, Buchholz and Schwichtenberg, a simplified version of continuous normalization for the untyped λ-calculus and Gödel’s is presented and analysed in the coalgebraic framework of non-wellfounded terms with so-called repetition constructors.The primitive recursive normalization function is uniformly continuous w.r.t. the natural metric on non-wellfounded terms. Furthermore, the number of necessary repetition constructors is locally related to the number of reduction steps needed to reach the normal form and its size.It is also shown how continuous normal (...) forms relate to derivations of strong normalizability in the typed λ-calculus and how this leads to new bounds for the sum of the height of the reduction tree and the size of the normal form.Finally, the methods are extended to an infinitary λ-calculus with ω-rule and permutative conversions and this is used to derive a strong form of normalization for an iterative version of Gödel’s system , leading to a value table semantics for number-theoretic functions. (shrink)

The relatively new practice of continuous sedation at the end of life (CS) is increasingly being debated in the clinical and ethical literature. This practice received much attention when a U.S. Supreme Court ruling noted that the availability of CS made legalization of physician-assisted suicide (PAS) unnecessary, as CS could alleviate even the most severe suffering. This view has been widely adopted. In this article, we perform an in-depth analysis of four versions of this ?argument of preferable alternative.? Our goal (...) is to determine the extent to which CS can be considered to be an alternative to PAS and to identify the grounds, if any, on which CS may be ethically preferable to PAS. (shrink)

The heart of my dissertation project is the proposal of a new updating rule for responding to learning experiences consisting of continuous streams of evidence. I suggest characterizing this kind of learning experience as a continuous stream of stipulated credal derivatives, and show that Continuous Probability Kinematics is the uniquely coherent response to such a stream which satisfies a continuous analogue of Rigidity – the core property of both Bayesian and Jeffrey conditionalization. In the first chapter, I define neighborhood (...) norms of rationality with reference to Kenny Easwaran’s definition of neighborhood properties. I summarize and comment on some of the key arguments in the dispute between time-slice epistemologists, who argue that there are no fundamentally diachronic norms of rationality, and the proponents of diachronic norms. I am sympathetic to two of the key motivations often given in support of the synchronist position: mentalist internalism and the idea that metaphysical disputes about the identity of persons in bizarre puzzle cases should not play a central role in epistemologists’ assessments of the rationality of agents. However, I argue that time-slice epistemology cannot adequately address the rationality of temporally-extended processes like reasoning and learning. Neighborhood norms present a viable third way between these two positions, capturing much of the spirit of the previously-discussed synchronist motivations while still providing just enough temporal structure to meaningfully guide and evaluate temporally-extended rational processes. Continuous Probability Kinematics is an example of one such neighborhood norm. In the second chapter, I develop my updating rule CPK and establish many of its core properties. Of special note here are the deep connections to Jeffrey’s Probability Kinematics, as well as some key differences. The net result of any CPK updating process will always be representable as a Jeffrey shift on the refined partition generated by the propositions that the agent is receiving direct evidence concerning. However, one crucial difference is that CPK provides an intuitive account of how to combine the effects of learning experiences that are each about fundamentally different underlying partitions. In CPK’s formalism, an agent can receive simultaneous evidence streams about an arbitrary (finite) number of propositions, which can themselves be evidentially related in any way. At any given instant, the result of the combination is a simple sum of the effects that learning about the individual propositions would have separately. CPK is concerned with a novel kind of learning experience and involves a novel characterization of evidence. The third and final chapter of this dissertation is concerned with explaining what this characterization of evidence means and with arguing that it can be the basis for genuine learning. I begin by characterizing learning experiences in terms of the Value of Information, and prove a Value of Information theorem for CPK learning experiences under the assumption of a Martingale constraint on the agent’s prior distribution over the signals that they might receive. I examine Timothy Williamson’s arguments that evidence must be propositional and express my skepticism. I then explore two different routes to model agents who update by CPK as if they are learning some propositional content and updating the rest of their credences by Bayesian conditionalization on this content. The second of these two routes provides a very interesting lens to reexamine the evidential commitments that underwrite updating by CPK, which I analyze. (shrink)

The Common Rule originally issued in 1991 and last amended in 2005 is scheduled to be replaced on January 19, 2018 by a revised Common Rule. The goal of the revisions is to modernize and improve applicability of the rule to a research landscape that has dramatically changed since 1991. Translating these changes into action will require comprehensive understanding of the final rule and detailed implementation planning by Human Research Protection Programs. This paper presents select changes (...) that require substantial attention; including for example: expansion of the exempt category, changes to continuing review requirements, changes to the informed consent form and the use of single IRBs for domestic multi-site research. In addition, myriad policies, procedures and workflows will have to be developed, drastically rewritten, or just mildly tweaked. (shrink)

This paper means to demonstrate the theoretical-and- methodological potential of a particular pattern of thought about culture. Employing an end-means and absolute value plus concept of reality approach, the continuous model of culture aims to embrace from one holistic standpoint various concepts and debates of the modern human, social, and political sciences. The paper revisits the debates of fact versus value, nature versus culture, culture versus structure, agency versus structure, and economics versus politics and offers the concepts of the (...) class='Hi'>rule of law, state capitalism, a dialectical model of progress, and interpretative qualitative research, as well as of cultural diffusion, autonomy, alienation, and individuality. This model distinguishes between the ideal-symbolical and the instrumental functions of culture, sees culture as being sewn from universal binaries, and provides a certain understanding of the cognitive function of a value judgment, with positivism so far vague about the topic. It, too, suggests an extra method for investigating culture : the comparative literature study of culture enables social science to view literature as its potential in-depth interviewee— a case for arguing for a certain conception of interdisciplinarity as well. In addition, it predicts that cultural particularism or individuality remains an essential factor of human existence. Analyzing the issue of Eurocentrism in social science, the model finds modernity ’s concept of reality to be involved in ” methodological ” intellectualistic reductionism, characterizing it since the empiricism/ rationalism origination. Systematically confusing the universal oppositions in a Eurocentric manner, intellectualism becomes a contributing factor in unfolding post- modernity. (shrink)

The Golden Rule (“what you want done [or not done] to yourself, do [or don’t do] to others”) is the most widely accepted summary statement of human morality, and even today it continues to have philosophical supporters. This article argues that the Golden Rule suffers from four faults, the first two related to the ethics of justice and the second two related to the ethics of benevolence. One, it fails to explain how to deal with non-reciprocation. Two, it (...) fails to make clear that my obligations are obligations regardless of how I would wish to be treated by others. Three, it lacks any special value in explaining the right occasions for benevolence. And, four, it has no power to motivate benevolence. (shrink)

Ichikawa and Jarvis offer a new rationalist theory of mental content and defend a traditional epistemology of philosophy. They argue that philosophical inquiry is continuous with non-philosophical inquiry, and can be genuinely a priori, and that intuitions do not play an important role in mental content or the a priori.

Gandhi was a political and social activist rather than a philosopher or thinker. However, the level of morality and purity in his politics was so high that it took politics to the spiritual and philosophical level. The same thing can be said for his social and economic thoughts. Therefore, Gandhi's Swaraj is cultural, political and spiritual because politics was a spiritual ( religious) work for him. The question of Swaraj was not just a political question for him, nor did Swaraj (...) mean for him only the expulsion of the British from India but freedom from slavery mentality as well . Thus, Gandhian Swaraj goes beyond the concept of political sef rule and freedom. Swaraj is one's self rule over body and soul, a comprehensive self control. Swaraj is an equally important question in post independent India too. Swaraj is a vigilance for civil rights, public welfare, constitutionalism and good governance in a politically independent country. It empowers civil society. Hence Swaraj is continuous effort of independence and insistence on truth against arbitrary power of state and thus Swaraj creates and empowers civil society. From this point of view, Locke, Mill, and Rousseau are seen together in his Swarajist thoughts. Therefore, for Gandhi, Swaraj is a continuous process . (shrink)

Polysemy has recently emerged as a popular topic in philosophy of language. While much existing research focuses on the relatedness among senses, this article introduces a novel perspective that emphasizes the continuity of sense individuation, sense regularity, and sense productivity. This new perspective has only recently gained traction, largely due to advancements in computational linguistics. It also poses a serious challenge to semantic minimalism, so I present three arguments against minimalism from the continuous perspective that touch on the minimal concept, (...) the distinction from homonymy, and the quasi‐rule‐like nature of polysemy. Last, I provide an account of polysemy that incorporates this continuous perspective. (shrink)

As it is known, there is no rule satisfying Additivity in the complete domain of bankruptcy problems. This paper proposes a notion of partial Additivity in this context, to be called µ-additivity. We find that µ-additivity, together with two quite compelling axioms, anonymity and continuity, identify the Minimal Overlap rule, introduced by Neill (1982).

Analytical commentary -- Fruits upon one tree -- The continuation of the early draft into philosophy of mathematics -- Hidden isomorphism -- A common methodology -- The flatness of philosophical grammar -- Following a rule 185-242 -- Introduction to the exegesis -- Rules and grammar -- The tractatus and rules of logical syntax -- From logical syntax to philosophical grammar -- Rules and rule-formulations -- Philosophy and grammar -- The scope of grammar -- Some morals -- Exegesis (...) 185-8 -- Accord with a rule -- Initial compass bearings -- Accord and the harmony between language and reality -- Rules of inference and logical machinery -- Formulations and explanations of rules by examples -- Interpretations, fitting and grammar -- Further misunderstandings -- Exegesis 189-202 -- Following rules, mastery of techniques and practices -- Following a rule -- Practices and techniques -- Doing the right thing and doing the same thing -- Privacy and the community view -- On not digging below bedrock -- Private linguists and private linguists : Robinson Crusoe sails again -- Is a language necessarily shared with a community of speakers? -- Innate knowledge of a language -- Robinson Crusoe sails again -- Solitary cavemen and monolinguists -- Private languages and private languages -- Exegesis 203-37 -- Agreement in definitions, judgements, and form of life -- The scaffolding of facts -- The role of our nature -- Forms of life -- Agreement : consensus of human beings and their actions -- Exegesis 238-42 -- Grammar and necessity -- Setting the stage -- Leitmotifs -- External guidelines -- Necessary propositions and norms of representation -- Concerning the truth and falsehood of necessary propositions -- What necessary truths are about illusions of correspondence : ideal objects, kinds of reality, and ultra-physics -- The psychology of the A priori -- Knowledge -- Belief -- Certainty -- Surprise -- Discoveries and conjectures -- Compulsion -- Propositions of logic and laws of thought -- Alternative forms of representation -- The arbitrariness of grammar -- A kinship to the non-arbitrary -- Proof in mathematics -- Conventionalism. (shrink)

This paper engages the debate within the ‘democratic turn’ in Machiavelli scholarship, where an ‘institutional’ approach has celebrated Machiavelli's theorisation of the institutions under which the people can rule while a ‘no-rule’ approach has traced Machiavelli's attention to the popular capacity to subvert all relations of rule. What do we make of Machiavelli's concurrent reception as a champion of popular rule and an antagonist to all rule? I argue that both institutionalising and subversive impulses appear (...) simultaneously in Machiavelli's works, though in a dynamic for which neither of the democratic approaches adequately accounts – namely, a rhetorical dimension of Machiavelli's works wherein political knowledge unfolds from a continuous multiplicity of perspectives and the ensuing implication that perspective is crafted and shaped through political action. Perspectival readings of Machiavelli's accounts of the Capuan debate and the Ciompi rebellion thus reveal that both democratic approaches have neglected to question certain ‘princely’ orientations toward political action inherited in their conceptualisations of Machiavellian democracy. In contrast, I suggest that Machiavelli's comedy La Mandragola offers an opportunity to reframe perspective as a uniquely democratic phenomenon. Reading the comedy alongside the democratic turn, I argue that it enacts, satirises and even casts doubts on Machiavelli's princely lessons, in turn proposing a popular capacity to cultivate perspective in a newly organised public space. (shrink)

In this article we present symmetric diffusion networks, a family of networks that instantiate the principles of continuous, stochastic, adaptive and interactive propagation of information. Using methods of Markovion diffusion theory, we formalize the activation dynamics of these networks and then show that they can be trained to reproduce entire multivariate probability distributions on their outputs using the contrastive Hebbion learning rule (CHL). We show that CHL performs gradient descent on an error function that captures differences between desired and (...) obtained continuous multivariate probability distributions. This allows the learning algorithm to go beyond expected values of output units and to approximate complete probability distributions on continuous multivariate activation spaces. We argue that learning continuous distributions is an important task underlying a variety of real‐life situations that were beyond the scope of previous connectionist networks. Deterministic networks, like back propagation, cannot learn this task because they are limited to learning average values of independent output units. Previous stochastic connectionist networks could learn probability distributions but they were limited to discrete variables. Simulations show that symmetric diffusion networks can be trained with the CHL rule to approximate discrete and continuous probability distributions of various types. (shrink)

Wright is correct in surmising that Wittgenstein's refusal to be drawn into the metaphysical and epistemological questions that his own discussion of rules allegedly raises results from his rejection of the assumptions that pit the Platonist against the communitarian. This paper shows why the entire idea (which continues to dazzle philosophers)—that in speaking a language or in engaging in other normative practices we are operating a calculus according to strict rules—has to be rejected. It results, in part, from the conflation (...) of different understandings of 'knowing the rules': one in which rules can be 'read off' from the practice by a theorist and those in which expressions of rules are consulted within the course of the practice. (shrink)

As employees continue to lie, cheat, and steal from their employers, researchers have tried to help managers understand and possibly predict such deviant behavior. This study considers the specific employee misconduct of ethical rule breaking. Hirschi (1969) suggested that deviant behavior can be better understood by social bonding theory. The social bonding model includes four elements; attachment, commitment, involvement, and belief. It is proposed that Hirschi's social bonding theory can be used to understand ethical rule breaking by employees. (...) Using a sample of 200 employees, the results indicate that the social bonding elements of attachment and involvement can be used to better understand the reported likelihood of ethical rule breaking of employees. Recommendations for better applying the social bonding model to ethical rule breaking are suggested. (shrink)

The dead donor rule—that persons must be dead before their organs are taken—is a central part of the moral framework underlying organ procurement. Efforts to increase the pool of transplantable organs have been forced either to redefine death (e.g., anencephaly) or take advantage of ambiguities in the current definition of death (e.g., the Pittsburgh protocol). Society's growing acceptance of circumstances in which health care professionals can hasten a patient's death also may weaken the symbolic importance of the dead donor (...) rule. We consider the implications of these efforts to continually revise the line between life and death and ask whether it would be preferable to abandon the dead donor rule and rely entirely on informed consent as a safeguard against abuse. (shrink)

The “Game of the Rule” is easy enough: I give you the beginning of a sequence of numbers (say) and you have to figure out how the sequence continues, to uncover the rule by means of which the sequence is generated. The game depends on two obvious constraints, namely (1) that the initial segment uniquely identify the sequence, and (2) that the sequence be non-random. As it turns out, neither constraint can fully be met, among other reasons because (...) the relevant notion of randomness is either vacuous or undecidable. This may not be a problem when we play for fun. It is, however, a serious problem when it comes to playing the game for real, i.e., when the player to issue the initial segment is not one of us but the world out there, the sequence consisting not of numbers (say) but of the events that make up our history. Moreover, when we play for fun we know exactly what initial segment to focus on, but when we play for real we don’t even know that. This is the core difficulty in the philosophy of the inductive sciences. (shrink)

Criticising judges : fair game or off-limits? -- Academics and judges -- Are the judges too powerful? -- Magna Carta and compensation culture -- Does judicial review undermine democracy? -- Liability of public authorities in negligence -- The shifting sands of statutory interpretation -- Time to call it a day : some reflections on finality and the law -- The globalisation of law -- Recent developments in commercial law conference -- The contribution of construction cases to the development of the (...) common law -- What is wrong with human rights? -- Human rights in an age of terrorism -- Religion and the law : some current problems -- The extraterritorial application of the European Convention on Human Rights : now on a firmer footing, but is it a sound one? -- Magna Carta--liberties, customs, and the free flow of trade -- Delay too often defeats justice -- Magna Carta and religion -- Runnymede -- Advocates as protectors of the rule of law -- Litigators--survive and thrive -- The Jackson reforms and civil justice -- Sharpening the public gaze : advances in open justice in England and Wales -- Threats to justice in the twenty-first century -- Halsey 10 years on---the decision revisited -- Arbitration versus litigation -- Arbitration after Brussels I reform -- School speech day -- How my classical education has affected my life -- Valedictory -- Changes in the law in the last 50 years. (shrink)

Hung Yao-hsün is one of the most creative, albeit long overlooked, thinkers in Japanese-ruled Taiwan. This paper’s aim is threefold. It first argues that while Hung’s early philosophy was rooted in the Kyoto school, he is a key founder of the Sit-chûn movement of Taiwanese philosophy. It next shows that during Taiwan’s martial law, Hung’s thought features a “Buddhist turn,” in which Zen is incorporated within existentialism. Third, while this turn is a sharp contrast to his prewar philosophical activism, Hung’s (...) last work stressed Abraham Kaplan’s view that philosophy should be connected to one’s life experience, echoing Hung’s prewar usage of fūdo in justifying Taiwan’s cultural subjectivity. In other words, there is an implicit continuity between his early and late philosophy. (shrink)

In this essay I will attempt to explain the relation between the rule of law and the economic development. First I will describe the rule of law and its role through the years. Then, I will continue with the connection between economic development and the rule of law. I will try to clarify Macedonia’s legal framework and emphasize the constitution and its role regarding the rule of law and economic development. Latter, I will focus on the (...) EU’s report on our economy in our journey towards the union. And finally I will give something to think about for future researchers. (shrink)

Saul Kripke's Wittgenstein on Rules and Private Language is one of the most celebrated and important books in philosophy of language and mind of the past forty years. It generated an avalanche of responses from the moment it was published and has revolutionized the way in which we think about meaning, intentionality, and the work of Ludwig Wittgenstein. It introduced a series of questions that had never been raised before concerning, most prominently, the normativity of meaning and the prospects for (...) a reductionist account of meaning. This volume of new essays reassesses the continuing influence of Kripke's book and demonstrates that many of the issues first raised by Kripke, both exegetical and philosophical, remain as thought-provoking and as relevant as they were when he first introduced them. (shrink)

Fixed-rate versions of rule-consequentialism and rule-utilitarianism evaluate rules in terms of the expected net value of one particular level of social acceptance, but one far enough below 100% social acceptance to make salient the complexities created by partial compliance. Variable-rate versions of rule-consequentialism and rule-utilitarianism instead evaluate rules in terms of their expected net value at all different levels of social acceptance. Brad Hooker has advocated a fixed-rate version. Michael Ridge has argued that the variable-rate version (...) is better. The debate continues here. Of particular interest is the difference between the implications of Hooker's and Ridge's rules about doing good for others. (shrink)

Art as a Singular Rule "Art has nothing to do with me. Or my family. Or anybody I know" Abstract - This paper will examine an unresolved tension inherent in the question of art and argue for the idea of a singular rule as a natural resolution. In so doing, the structure of a singular rule will be fully outlined and its paradoxical constitution will be resolved. The tension I mention above unfolds both as a matter of (...) history and as a product of analysis. The concept of imitation will be our introduction to a brief overview of a historical trajectory starting with Plato. Plato is notorious for having imposed one of the most humiliating verdicts ever on the Arts: Art is imitative he argued, it is the practice of reproducing illusions and is, therefore, both an inferior source of knowledge and an ethically corrupt activity. Then, the story continues, came Aristotle, the savior of the Arts: he suggested that since essence, form, is imbedded in reality, the artist who imitates essence performs the noble task of abstracting form from substance. Art could now proudly stand alongside other highly respectable branches of human activities, such as the sciences. With the dominance of Aristotle in Western culture, abstraction came to play a key role. Leaping forward to our time, it can be argued that in Modernism the move towards abstraction was pushed to breaking point - to the point where the object was dismissed and denied relevancy to the work of art. This will bring us to a discussion of Art as representation and subsequently, to the introduction of a line of philosophical reasoning that threatens the Arts. It will seem as if we are caught between two extremes: If we assume that art is representational, we open the door for the old Platonic criticism that art is merely imitative (of its object); If we return to abstractionism, we may be led along a path that does not stop short of renouncing the object altogether, i.e. nothing is asserted as standing to the work of art as an "object" or an outer aim; this leaves us on a suspiciously skeptical note concerning the purpose and aim of art - and it indeed echoes prevailing feelings of unrest and confusion concerning the arts, precisely the sort that the quote above indicates. This seems to entrap us in a vicious circle. However, drawing upon the philosophies of Kant, Wittgenstein, Goodman and the contemporary Czech philosopher and esthetician, Tomas Kulka, I suggest a way for resolving the dilemma. This is my analysis of singular rule. (shrink)

Epistemic decision theory aims to defend a variety of epistemic norms in terms of their facilitation of epistemic ends. One of the most important components of EpDT is known as a scoring rule. This thesis addresses some problems about scoring rules in EpDT. I consider scoring rules both for precise credences and for imprecise credences. For scoring rules in the context of precise credences, I examine the rationale for requiring a scoring rule to be strictly proper, and argue (...) that no satisfactory justification has been given. I then investigate one possible response to my argument and show the problems with this response. The conclusion is that there is a further need for justifying the requirement that a scoring rule should be strictly proper for precise credences. For scoring rules in the context of imprecise credences, an impossibility result has been established in the literature purporting to show that no strictly proper, continuous and real-valued scoring rule exists. However, a precise statement of the impossibility result requires precise definitions both of strict propriety and of continuity in the context of imprecise credences. Moreover, the result implies that we need to drop one of the three properties - strict propriety, continuity or being real-valued - to have a scoring rule for applying EpDT to imprecise credences. So, firstly, I offer definitions of strict propriety and of continuity and clarify the impossibility result. Then, I investigate what will happen if we drop one of the three properties. I argue that we should drop the property of being real-valued and I offer the general forms of two kinds of strictly proper, continuous and lexicographic scoring rules for imprecise credences. (shrink)

Abstract.Although the Hart/Dworkin debate has as much to do with Dworkin's affirmative theory of judicial discretion as with Hart's more comprehensive theory of law, the starting point was of course Dworkin's attempt to demolish the “model of rules,” Hart's alleged analysis of legal systems as collections of conclusive reasons for specified legal consequences. The continuing relevance of this attack for the prospects for any theory of law is the subject of the present essay.

I examine Du Châtelet’s methodology for physics and metaphysics through the lens of her engagement with Newton’s Rules for Reasoning in Natural Philosophy. I first show that her early manuscript writings discuss and endorse these Rules. Then, I argue that her famous published account of hypotheses continues to invoke close analogues of Rules 3 and 4, despite various developments in her position. Once relevant experimental evidence and some basic constraints are met, it is legitimate to inductively generalize from observations; general (...) hypotheses can thereafter be assumed as true until contrary experiments show otherwise. I conclude by arguing that this account of induction plays an essential role in her metaphysics, both in an argument for simple substances—which has an inductive premise—and in her attempt to distinguish acceptable and unacceptable metaphysical commitments. (shrink)

This article questions the continued use and application of EVA® (economic value added) because it is epistemologically a non-sequitur, fails to satisfy the requirements of sound research methodology in terms of being a reliable and valid metric, and is unlikely to satisfy the requirements of Rule 702 of the Federal Rules of Evidence. In the light of these insufficiencies, the continued use of EVA® is ethically questionable, and moreover in time is likely to result in class actions.

One of the crucial fields of study that is getting more attention is association rule mining. It is crucial to databases' knowledge discovery (KDD). KDD and association rule mining have a very broad use. It has evolved at a rapid rate over the past fifteen years. Association Rule Mining is a novel technology, although it is still in the discovery and development stages. Video is an illustration of interactive media data since it contains text, pictures, meta-data, visual, (...) sound, and different kinds of data. It is frequently used for a variety of important likely reasons, such as security and reconnaissance, amusement, healthcare, educational endeavours, and sports. One of the main issues for the local data-mining research community is video data mining, which aims to find and comprehend fascinating examples from the large volume of video data. Video data mining is still in its infancy when compared to mining other sorts of data. It is pivotal to grasp and naturally mine the information from video databases considering the continually extending computerized libraries and video databases. Differentiating association rules between components in a significant video library is critical in the field of video data mining. As per continuous imaginative work, association rule mining is being utilized rapidly in various tasks, including perception, social affairs, broadcast news, sports, records, films, clinical data, as well as on the web and individual media assortments. This exploration tries to give a far-reaching method to association rule extraction from video databases. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:William Righter GOLDEN RULES AND GOLDEN BOWLS In one of his last interviews Michel Foucault remarked on the relation of any search for a perfect existence to the source of those forms of obligation which paradoxically make it possible, and hence on the variable shapes of the interdependence of the beauty of life with the moral understanding by which we accept the nature of our obligations. He sees this (...) in terms of the way these obligations establish themselves, by recognition and submission, by what he calls "the mode of subjection {mode d'assujettissement), that is, the way in which people are invited or incited to recognize their moral obligations. Is it, for instance, divine law, which has been revealed in a text? Is it a natural law, a cosmological order, in each case the same for every living being? Is it a rational rule? Is it the attempt to give your existence the most beautiful form possible?"' If we wish to do something like finding the most beautiful form of life, we face problems of moral calculation, we must formulate principles of choice, and above all learn to make our submission to the necessity such principles may imply. "What is the mode d'assujettissementT'' Foucault asks: It is that we have to build our existence as a beautiful existence; it is an aesthetic mode. You see, what I have tried to show is that nobody is obliged in classical ethics to behave in such a way as to be truthful to their wives, to not touch boys and so on. But if they want to have a beautiful existence, if they want to have a good reputation, if they want to be able to rule others, they have to do that. So they accept those obligations in a conscious way for the beauty or glory of existence. The choice, the aesthetic choice or political choice, for which they"decide to accept this 262 WtLLiAM Righter263 kind ofexistence—that's the mode d'assujettissement. It's a choice, a personal choice.2 At some levels this choice looks quite simply like a calculative sacrifice of the lesser thing for the greater. But an important element of the incommensurate enters into the choice. The beauty, the glory of the thing far surpasses the small normative commitments one undertakes for its sake, both in degree and in belonging to another and superior order. The beautiful form of existence is separated by some enormous gulffrom those social and human arrangements that must be submitted to it. Yet one is aware of basing the beauty of life on these lesser forms of obligation. Many things may be subjected, as one sees in The Golden Bowl, to the greater principle, where almost anything may be sacrificed as long as the beauty of that principle is in view. But how do we assess this disproportion and see the propriety of subjection established? For subjection could come to serve many principles, and in The Golden Bowl we shall observe the studied operation of subjection in a world where principles are continuously and meticulously examined and re-examined. The Foucaultian conjunction of obligation and the "glory of existence" touches the heart of a work where the fascination with the incommensurate moves uneasily between alternative versions of that glory. What is the overriding principle that underwrites and legitimates such anexistence?James's involvementwith such a "particular attaching case" seems to proceed from the fullest sense of the difficulty, from the fullest rendering of incompatible versions ofthat existence, brought into the closest and tightest formalbond. The very simplicity of the action somehow produces an enforced contemplation of a bizarrely closed world, in which the dynamics of the two marriages shape a conflict that seems inevitable, even strangely natural. It can be expressed in a few words. A widowed American millionaire, Adam Verver, has in his late forties retired to the life of a collector of objects of art. In his travels with his daughter Maggie, they collect also ahusband forher, a Roman prince. To ease the consequences for her father Maggie promotes his marriage to her closest school friend Charlotte. Unknown to the Ververs she and the Prince were once lovers... (shrink)

ABSTRACTDiffraction gratings are famously associated with Henry Rowland of Johns Hopkins University but there were precursors. Although gratings were first made and used in Europe, reliable machines for ruling gratings were developed in the USA, and two men, Lewis Rutherfurd and William Rogers, tackled the problem before Rowland. Rutherfurd, a wealthy independent astronomer, designed and built the first screw-operated engine for ruling diffraction gratings, the fore-runner of almost all subsequent ruling engines. With it he and his assistant D. C. Chapman (...) ruled many gratings which he generously distributed to practising scientists, thereby materially advancing the science of spectroscopy. Rogers was a Harvard astronomer who developed an interest in the ruling of fine lines on glass that led him to construct a ruling engine with which he investigated the causes of the errors in the rulings he had examined. He continued to seek improvements with a second engine designed for ruling diffraction gratings. He ceased developing this engine when Rowland’s excellent gratings began to be available, concentrating instead on related problems to which he could apply the knowledge and skills he had gained, but his investigations assisted Rowland and other later ruling engine builders. This paper brings together what is known about the ruling engines of Rutherfurd and Rogers, their development, the gratings they produced, their quality and the work that was done with them, and assesses and compares their achievements and the impacts of the work of these two men. (shrink)

This research explores the effect of servant leadership on prosocial rule-breaking (PSRB) and the mediating mechanism of public service motivation (PSM) between the association of servant leadership and PSRB. The said phenomenon is examined in the civil service context of Pakistan during the continuing crises of the COVID-19 pandemic, a situation where the traditional civil service policy and rule system has become highly complicated for passionate employees’ service performance and efficiency, and where servant leadership has received greater attention (...) for inspiring the attitudinal and behavioral outcomes of frontline workers during the pandemic. Data were collected from 546 frontline workers of the corona relief tiger force. The findings of the study revealed that servant leadership has a significant effect on PSRB and PSM, and that PSM significantly promotes PSRB. The results also revealed that servant leadership has a significant impact on PSRBviaengendering PSM. (shrink)

Cheating and rule violations in intercollegiate athletics continue to be relevant issues in many institutions of higher education because they reflect upon the integrity of the institutions in which they are housed, causing concern among many faculty members, administrators, and trustees. Although a great deal of research has documented the numerous rule violations in NCAA intercollegiate athletics, much of it has failed to combine sound theory with practical solutions. The purpose of this study was to examine the possible (...) extensions of the organizational justice framework to the problem of rule violations in intercollegiate athletics. In doing so, the current study examined (a) perceived areas of injustice among coaches at NCAA Division I institutions, (b) avenues by which coaches resolve these injustices, and (c) potential solutions for resolving injustices in an attempt to reduce NCAA violations. Six NCAA Division I basketball coaches from various parts of the country (four from men's teams and two from women's teams) were interviewed using a semi-structured format. Despite the NCAA's efforts to create parity, results showed that coaches perceived several areas of inequities in recruiting, including financial resources and academic standards. The interviewed coaches described several means that are currently used to resolve these inequities and offered recommendations for changes to reduce injustice in the future. (shrink)

The article reveals the pragmatic implications of Herman Cappelen’s account of ‘topics’ in his contribution to the conceptual engineering literature. I show that Cappelen’s introduction of the category of ‘topics’ serves the pragmatic goal of having a convenient handle to account for ‘continuity in revision’, and that his general insistence on ‘continuity’ is motivated morally and strategically. In asking what accounts for continuity, Cappelen’s ‘topics’ are not defined by content or any other fixed set of rules or criteria. Topics are (...) metaphysically lightweight and defined pragmatically and as we go: speakers talk about the same topic when we (and they) attribute that they do. But why should we do that? Why should we aim for continuity and why should we think it is possible in general? I contrast Cappelen’s insistence on continuity with Rorty’s appeal for discontinuity, and trace both of their positions back to their respective moral background assumptions and their assumptions about what communication is (and is for) and, in turn, what philosophy is (and is about). Further, I question the role the ‘continuity’ claim plays in the current redefinition of linguistic philosophy after the ‘death of the linguistic turn’. (shrink)