The aim of this essay is to examine the place of the people in the constitutions of democratic nations. While the meaning of democracy and the degree to which it is achieved vary within the family of nations considered democratic, the idea common to all is that the people are self-governing. In its origins, the idea is tied to liberty: not to be self-governing is to be subject to the will of another and so not to be free. What constitutes (...) self-government is open to interpretation, although this is not the place to examine the possible meanings. Nor is this the place to set out the history of the idea or to show how it became central to modern constitutions, except to note the number of nations qualifying as democratic has steadily increased in recent years to just under a half of the total. It seems reasonable to assume that a democratic nation, a self-governing people, would want to make sure that the constitution, the basic of government and of relations between the people and government, provide for and protect self-government and hence democracy. (shrink)

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. (...) Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to the legal (...) academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts. (shrink)

The author maintains in this article that it is possible an approach between the positivistic legal theory, the one that follows the model of the analytical theory developed by Hart, and those others that apply a socio-legal method. Against what some defenders of both perspectives advocate, who view each others with some disdain, the author asserts the need to integrate legal theory with social sciences in the field of juridical ideas. This supposes opening spaces to develop a socio-legal theory of (...) law that lives equally from categories of conceptual analysis and of sociological research. The author rests specially, in order to defend this position, on authors like Roger Coterrell, Denis Galligan, Nicola Lacey and, above all, Brian Tamanaha and William Twinning, whose arguments are here object of special consideration. (shrink)

The Modern Synthesis has dominated biology for 80 years. It was formulated in 1942, a decade before the major achievements of molecular biology, including the Double Helix and the Central Dogma. When first formulated in the 1950s these discoveries and concepts seemed initially to completely justify the central genetic assumptions of the Modern Synthesis. The Double Helix provided the basis for highly accurate DNA replication, while the Central Dogma was viewed as supporting the Weismann Barrier, so excluding the inheritance of (...) acquired characteristics. This article examines the language of the Modern Synthesis and reveals that it is based on four important misinterpretations of what molecular biology had shown, so forming the basis of the four Illusions: 1. Natural Selection; 2. The Weismann Barrier; 3. The Rejection of Darwin’s Gemmules; 4. The Central Dogma. A multi-level organisation view of biology avoids these illusions through the principle of biological relativity. Molecular biology does not therefore confirm the assumptions of the Modern Synthesis. (shrink)

Is an appropriate causal connection to the past experience it represents a necessary condition for a mental state to qualify as an episodic memory? For some years this issue has been the subject of an intense debate between the causalist theory of episodic memory (CTM) and the simulationist theory of episodic memory (STM). This paper aims at exploring the prospects for an embodied approach to episodic memory and assessing the potential case for causalism that could be founded on it. In (...) a critical section, it argues that the empirical data to which STM appeals are both incomplete and inconclusive, and on closer examination even provide support for a proceduralist version of CTM. In a constructive section, it elaborates on the notion of a necessary causal connection in terms of particular procedural patterns acquired at encoding and operative at retrieval, grounding this move on recent empirical data about eye movements in mnemonic mental imagery. (shrink)

Over the past fifteen years there has been a considerable amount of debate concerning what theoretical population dynamic models tell us about the nature of natural selection and drift. On the causal interpretation, these models describe the causes of population change. On the statistical interpretation, the models of population dynamics models specify statistical parameters that explain, predict, and quantify changes in population structure, without identifying the causes of those changes. Selection and drift are part of a statistical description of population (...) change; they are not discrete, apportionable causes. Our objective here is to provide a definitive statement of the statistical position, so as to allay some confusions in the current literature. We outline four commitments that are central to statisticalism. They are: 1. Natural Selection is a higher order effect; 2. Trait fitness is primitive; 3. Modern Synthesis (MS)-models are substrate neutral; 4. MS-selection and drift are model-relative. (shrink)

In evolutionary biology changes in population structure are explained by citing trait fitness distribution. I distinguish three interpretations of fitness explanations—the Two‐Factor Model, the Single‐Factor Model, and the Statistical Interpretation—and argue for the last of these. These interpretations differ in their degrees of causal commitment. The first two hold that trait fitness distribution causes population change. Trait fitness explanations, according to these interpretations, are causal explanations. The last maintains that trait fitness distribution correlates with population change but does not cause (...) it. My defense of the Statistical Interpretation relies on a distinctive feature of causation. Causes conform to the Sure Thing Principle. Trait fitness distributions, I argue, do not. *Received July 2009; revised October 2009. †To contact the author, please write to: Department of Philosophy/Institute for the History, Philosophy of Science and Technology, University of Toronto, Victoria College, 91 Charles Street West, Toronto, ON M5S 1K7, Canada; e‐mail: denis[email protected]. (shrink)

There has recently been much interest in the role of attention in controlling action. The role has been mischaracterized as an element in necessary and sufficient conditions on agential control. In this paper I attempt a new characterization of the role. I argue that we need to understand attentional control in order to fully understand agential control. To fully understand agential control we must understand paradigm exercises of agential control. Three important accounts of agential control—intentional, reflective, and goal-represented control—do not (...) fully explain such exercises. I argue that understanding them requires understanding how deployments of visual attention implement flexible occurrent control, or a capacity to flexibly adjust the degree of control that individuals exercise over their actions. While such deployments of attention are neither necessary nor sufficient for exercising agential control, they constitute an attentional skill for controlling action, understanding which is central to fully understanding agential control. We can appreciate its centrality if we appreciate that this attentional skill for controlling action is plausibly crucial to acting non-negligently. (shrink)

This article applies the Kantian doctrine of respect for persons to the problem of sweatshops. We argue that multinational enterprises are properly regarded as responsible for the practices of their subcontractors and suppliers. We then argue that multinationalenterprises have the following duties in their off-shore manufacturing facilities: to ensure that local labor laws are followed; to refrain from coercion; to meet minimum safety standards; and to provide a living wage for employees. Finally, we consider and reply to the objection that (...) improving health and safety conditions and providing a living wage will cause greater harm than good. (shrink)

This article applies the Kantian doctrine of respect for persons to the problem of sweatshops. We argue that multinational enterprises are properly regarded as responsible for the practices of their subcontractors and suppliers. We then argue that multinationalenterprises have the following duties in their off-shore manufacturing facilities: to ensure that local labor laws are followed; to refrain from coercion; to meet minimum safety standards; and to provide a living wage for employees. Finally, we consider and reply to the objection that (...) improving health and safety conditions and providing a living wage will cause greater harm than good. (shrink)

In recent years, there has been an increasing interest among philosophers of memory in the questions of how to characterize and to account for the temporal phenomenology of episodic memory. One prominent suggestion has been that episodic memory involves a feeling of pastness, the elaboration of which has given rise to two main approaches. On the intentionalist approach, the feeling of pastness is explained in terms of what episodic memory represents. In particular, Fernández has argued that it can be explained (...) in terms of memory representing itself as being caused by a past perceptual experience. On the metacognitive approach, which we have recently developed in, the feeling of pastness results from the monitoring and interpretation of the processing features of episodic remembering. In this paper, we show that the metacognitive approach should be preferred over the intentionalist approach. We argue that intentionalism, and Fernández’ causal self-referential view in particular, ultimately fail as accounts of the feeling of pastness. The difficulties faced by intentionalism allows us to single out three constraints that any satisfactory account of the temporal phenomenology of episodic remembering needs to meet. We conclude by arguing that the metacognitive view satisfies those constraints in a neat way, and as such, that it should be preferred over intentionalism. (shrink)

In paradigm exercises of agency, individuals guide their activities toward some goal. A central challenge for action theory is to explain how individuals guide. This challenge is an instance of the more general problem of how to accommodate individuals and their actions in the natural world, as explained by natural science. Two dominant traditions–primitivism and the causal theory–fail to address the challenge in a satisfying way. Causal theorists appeal to causation by an intention, through a feedback mechanism, in explaining guidance. (...) Primitivists postulate primitive agential capacities in their explanations. The latter neglect to explain how primitive capacities integrate with findings from natural science. The former do not explain why some feedback mechanism’s activity amounts to the agent’s guidance. In this paper I argue that both traditions should acknowledge a capacity to guide, as actually constituted by the executive system. I argue that appeals to this empirically discovered psychological system explain how individuals guide in a way that integrates with explanations from cognitive science. Individuals’ capacity to guide is embedded in the natural world through the activity of its constituent (mechanistic) components. (shrink)

This study is about Brentano’s criticism of a version of phenomenalism that he calls “mental monism” and which he attributes to positivist philosophers such as Ernst Mach and John Stuart Mill. I am interested in Brentano’s criticism of Mill’s version of mental monism based on the idea of “permanent possibilities of sensation.” Brentano claims that this form of monism is characterized by the identification of the class of physical phenomena with that of mental phenomena, and it commits itself to a (...) form of idealism. Brentano argues instead for a form of indirect or hypothetical realism based on intentional correlations. (shrink)

Skilled action typically requires that individuals guide their activities toward some goal. In skilled action, individuals do so excellently. We do not understand well what this capacity to guide consists in. In this paper I provide a case study of how individuals shift visual attention. Their capacity to guide visual attention toward some goal (partly) consists in an empirically discovered sub-system – the executive system. I argue that we can explain how individuals guide by appealing to the operation of this (...) sub-system. Understanding skill and skilled action thus requires appreciating the role of the executive system. (shrink)

The concept of the environment appears to be indispensably involved in adaptive explanation. Quite what its role is, however, is a matter of some dispute. The environment is customarily viewed as the dual of the organism; a wholly external, discrete, autonomous cause of evolution. On this view, the external environment is the principal cause of the adaptedness of form, and the determinant of what it is to be an adaptation. I argue that this conception of the environment neither adequately explains (...) nor individuates evolutionary adaptations. Instead, adaptation, properly construed, is an evolutionary response to affordances. The environment, traditionally construed, underdetermines an organism’s affordances. Instead, I argue that the environment takes its place in evolutionary models not as a discrete causal entity, but as an abstraction. (shrink)

April 15, 2024: This article published in Early View in error. The article will republish shortly.

The purpose of this study is to examine the meaning and value of the criticism that Stumpf address to Husserl's phenomenology in Ideas I. My presentation is divided into four parts: I briefly describe the relationship between Stumpf and the young Husserl during his stay in Halle (1886-1901); then I will comment Stumpf's remarks on the definition of Husserl's phenomenology as descriptive psychology in his Logical Investigations; in the third part, I examine Husserl's notice in section 86 of Ideas I (...) where he compares his own terminology to that of Stumpf; finally I comment on Stumpf's criticism of Husserl's phenomenology in his last book Erkenntnislehre. (shrink)

This paper explores two models using which we might understand Heidegger's notion of ‘Eigentlichkeit’. Although typically translated as ‘authenticity’, a more literal construal of this term would be ‘ownness’ or ‘ownedness’; and in addition to the paper's exegetical value, it also develops two interestingly different understandings of what it is to have a judgment of one's own. The first model understands Heideggerian authenticity as the owning of what I call a ‘standpoint’. Although this model provides an understanding of a number (...) of key features of authenticity, it also invites an important objection—which I call ‘the closure objection’—that can be found in, for example, the work of Steven Galt Crowell and Tony Fisher. Although I argue that this objection can be met, the response for which it calls reveals that the feat of authenticity as understood through the standpoint model rests upon a further feat, and one which may itself have a stronger claim to be identified with Heideggerian authenticity. I develop this thought, introducing what I call the ‘all-things-considered judgment model’ of authenticity, the basis of which lies in, among other sources, Heidegger's appropriation of themes from Aristotle's discussion of phronesis. I explain the exegetical benefits of adopting this model and consider some objections that it invites, before closing with a discussion of how the two models understand the notion of ‘a judgment of one's own’. (shrink)

The standard relation of logical consequence allows for non-standard interpretations of logical constants, as was shown early on by Carnap. But then how can we learn the interpretations of logical constants, if not from the rules which govern their use? Answers in the literature have mostly consisted in devising clever rule formats going beyond the familiar what follows from what. A more conservative answer is possible. We may be able to learn the correct interpretations from the standard rules, because the (...) space of possible interpretations is a priori restricted by universal semantic principles. We show that this is indeed the case. The principles are familiar from modern formal semantics: compositionality, supplemented, for quantifiers, with topic-neutrality. (shrink)

"The main conclusion of this essay is that it is plausible to conclude that corporations are capable of exhibiting intentionality, and as a result that they may be properly understood as moral agents" (p. 281).

A common view about the phenomenology of episodic remembering has it that when we remember a perceptual experience, we can relive or re-experience many of its features, but not its characteristic presence. In this paper, we challenge this common view. We first say that presence in perception divides into temporal and locative presence, with locative having two sides, an objective and a subjective one. While we agree with the common view that temporal and objective locative presence cannot be relived in (...) remembering, we argue that subjective locative presence – the feeling of being immersed in a certain scene – can be so. Our argument for this claim starts by determining independently the underpinning mechanisms of subjective locative presence in quasi-perceptual imagination. These mechanisms are self-projection, imaginative pretence, and attentional focus. We then proceed to establish that they have been found to underpin conscious states of episodic remembering too. We conclude that episodic remembering can bring us to relive the subjective locative presence characteristic of a perceptual experience, and that the common view is mistaken. Our view – ‘mnemonic immersivism’ – has important consequences regarding the relationships between memory and imagination and the phenomenology of episodic remembering. (shrink)

Executive functioning has been said to bear on a range of traditional philosophical topics, such as consciousness, thought, and action. Surprisingly, philosophers have not much engaged with the scientific literature on executive functioning. This lack of engagement may be due to several influential criticisms of that literature by Daniel Dennett, Alan Allport, and others. In this paper I argue that more recent research on executive functioning shows that these criticisms are no longer valid. The paper clears the way to a (...) more fruitful philosophical engagement with findings on the central executive system. (shrink)

This paper tackles the issue of the diversity of déjà experiences. According to the standard view in the neuropsychological literature, they should all be defined by means of a psychological criterion, by which they are experiences triggered by a perceived item and consist of a conscious clash between a first-order feeling of familiarity about the item and a second-order evaluation that assesses the first-order feeling as erroneous. This paper dismisses the standard view and contends there are two types of déjà (...) experiences, labeled déjà vu and déjà vécu respectively. But it also takes issue with the rare proponents of a distinct déjà vécu type. Contrary to their achievement view, it argues that recollection is not involved in déjà vécu experiences as an actual mental state or a component thereof. In our ability view, déjà vécu involves the feeling that one could recollect past occurrences of a currently lived episode of experience. (shrink)

This article addresses the recent reception of Franz Brentano's writings on consciousness. I am particularly interested in the connection established between Brentano's theory of consciousness and higher-order theories of consciousness and, more specifically, the theory proposed by David Rosenthal. My working hypothesis is that despite the many similarities that can be established with Rosenthal's philosophy of mind, Brentano's theory of consciousness differs in many respects from higher-order theories of consciousness and avoids most of the criticisms generally directed to them. This (...) article is divided into eight parts. The first two sections expound the basic outline of Rosenthal's theory, and the third summarizes the principal objections that Rosenthal addresses to Brentano, which I, then, examine in sections 4 and 5. In sections 6 and 7, I discuss Brentano's principle of the unity of consciousness, and in section 8, I consider the scope of the changes that Brentano brings to his theory of consciousness in his later writings, which follow the 1874 publication of Psychology. I then draw the conclusion that Brentano's theory rests on a view of intransitive and intrinsic self-consciousness. (shrink)

In this study, I will first introduce Husserl’s analysis in Studien zur Struktur des Bewußtseins by emphasizing the reasons that motivate these analyses on descriptive psychology and their status in Husserl’s transcendental phenomenology in the late Freiburg period. I will then focus on the structure of acts, with particular emphasis on three aspects stressed by Husserl in Studien: intentionality, the taxonomy of acts, and Brentano’s principle of the Vorstellungsgrundlage. The last three parts of this study outline the characteristic features of (...) three fundamental aspects of affective life in Husserl’s phenomenology: emotions, sense feelings, and moods. I will conclude with some general remarks on the status of affects and values in Husserl’s phenomenology. (shrink)

My aim in this study is to show that the philosophical program elaborated by Brentano in his Psychology is largely indebted to the research conducted by Brentano on British empiricism and Comte's positive philosophy at Würzburg. This research represents the starting point of, and backdrop to, the project for philosophy as science, which is at the heart of his Psychology, and sheds new light on the philosophical stakes of many debates he leads in that work. Furthermore, Brentano's research informs us (...) about his philosophical preoccupations during the Würzburg period, and simultaneously provide us with a new perspective on the evolution of his thought from his habilitation at Würzburg in 1866 to his arrival in Vienna in 1874. In this study, I propose to examine some of the factors that motivated Brentano's interest in Comte's philosophy and to evaluate the influence that the latter exerted on Brentano's thought during the Würzburg period and beyond. (shrink)

Mon objectif dans cette étude est de montrer l'influence que la philosophie positive d'Auguste Comte a exercée sur la pensée du jeune Brentano durant la période de Würzburg (1866-1874). J'examine d'abord quelques-uns des facteurs qui ont amené Brentano à s'intéresser à la philosophie de Comte et je résume, dans un deuxième temps, les grandes lignes de l'article de Brentano sur Comte dont la version française est reproduite dans ce numéro. Dans la troisième partie de cette étude, je commente brièvement quelques (...) passages de la Psychologie d'un point de vue empirique où Brentano discute de thèmes comtiens. Je conclue cette étude par quelques remarques sur les traces laissées par le positivisme de Comte dans l'œuvre de Brentano. (shrink)

Rather than simply outlining the classical and modern theories of learning, this widely adopted text brings the material to life through case studies that engage students in debates about what really happens in classrooms. Students are encouraged to test the strengths and weaknesses of each theory so that, ultimately, they will learn to formulate their own philosophies of teaching and learning. The new Fifth Edition of Perspectives on Learning features: A discussion of common sense and learning theories. A new chapter (...) on Transfer of Learning. Consideration of recent developments in brain science. A thoroughly updated list of Recommendations for Further Reading. Perspectives on Learning is one of the five books in the highly regarded Teachers College Press THINKING ABOUT EDUCATION SERIES, now in its Fifth Edition. All of the books in this series are designed to help pre- and in-service teachers bridge the gap between theory and practice. (shrink)

This paper supersedes an ealier version, entitled "A Non-Standard Semantics for Inexact Knowledge with Introspection", which appeared in the Proceedings of "Rationality and Knowledge". The definition of token semantics, in particular, has been modified, both for the single- and the multi-agent case.

This paper aims to provide a psychologically-informed philosophical account of the phenomenology of episodic remembering. The literature on epistemic or metacognitive feelings has grown considerably in recent years, and there are persuasive reasons, both conceptual and empirical, in favour of the view that the phenomenology of remembering—autonoetic consciousness, as Tulving influentially referred to it, or the feeling of pastness, as we will refer to it here—is an epistemic feeling, but few philosophical treatments of this phenomenology as an epistemic feeling have (...) so far been proposed. Building on insights from the psychological literature, we argue that a form of feeling-based metacognition is involved in episodic remembering and develop an integrated metacognitive feeling-based view that addresses several key aspects of the feeling of pastness, namely, its status as a feeling, its content, and its relationship to the first-order memories the phenomenology of which it provides. (shrink)

The purpose of this study is to assess Husserl’s debt to Lotze’s philosophy during the Halle period (1886-1901). I shall first track the sources of Husserl’s knowledge of Lotze’s philosophy during his studies with Brentano in Vienna and then with Stumpf in Halle. I shall then briefly comment on Husserl’s references to Lotze in his early work and research manuscripts for the second volume of his Philosophy of Arithmetic. In the third section, I examine Lotze’s influence on Husserl’s antipsychologistic turn (...) in the mid-1890s. The fourth section is a commentary on Husserl’s manuscript entitled “Microcosmus,” to which he explicitly refers in his Prolegomena, and which he planned to publish as an annex of his Logical Investigations. This work contains a detailed analysis of the third book of Lotze’s 1874 Logic. The last section examines Husserl’s arguments against logical psychologism in his Prolegomena, which I discuss through the lens of Stumpf’s critique of psychologism in his paper “Psychology and theory of knowledge”. I argue that Stumpf’s early works on this topic make it possible to establish a connection between Lotze’s interpretation of Plato’s theory of Ideas and Husserl’s antipsychologism. My hypothesis is that Stumpf’s analyses represent the background of Husserl's critique of logical psychologism in his Logical Investigations. I shall conclude this study by showing that Husserl’s position with respect to Lotze’s philosophy remains basically unchanged after the publication of his Logical Investigations, and that Husserl’s main criticism of Lotze pertains, in the final analysis, to the absence of a theory of intentionality in Lotze’s philosophy. (shrink)

The standard semantic definition of consequence with respect to a selected set X of symbols, in terms of truth preservation under replacement (Bolzano) or reinterpretation (Tarski) of symbols outside X, yields a function mapping X to a consequence relation ⇒x. We investigate a function going in the other direction, thus extracting the constants of a given consequence relation, and we show that this function (a) retrieves the usual logical constants from the usual logical consequence relations, and (b) is an inverse (...) to—more precisely, forms a Galois connection with—the Bolzano-Tarski function. (shrink)

This paper investigates the nature and foundation of duties to oneself in Kant’s moral theory. Duties to oneself embody the requirement of the formula of humanity that agents respect rational nature in them‐selves as well as in others. So understood, duties to oneself are not subject to the sorts of conceptual objections often raised against duties to oneself; nor do these duties support objections that Kant’s moral theory is overly demanding or produces agents who are preoccupied with their own virtue. (...) Duties to oneself emerge as an essential and compelling part of Kant’s moral theory. (shrink)

Brentano clearly asserts, in his Vienna lectures of 1887–1888, that his descriptive psychology is an a priori or “exact” science. Since he rejects Kant's idea of a synthetic a priori, this means that the descriptive psychologist's laws are analytic. My aim in this paper is to clarify and discuss this view. I examine Brentano's epistemology in the Psychology from an Empirical Standpoint and then its later developments. I conclude with a difficulty inherent in Brentano's psychological approach to a priori knowledge.