In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an (...) individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)

Some tradition historical perspectives on Psalm 83 Psalm 83 forms a poetical unit and is the well constructed poem of an artist. It could be divided into two stanzas which contains a cry for help (2), lament (3-9) and several petitions (10-19). This work reflects different tradition historical allusions. The use of prophetic language is immanent, while the faces of the prophets Isaiah, Jeremiah and Ezekiel are elusively present. Two episodes from the history of the Judges (Judges 4-5; 7-8) are (...) utilised to expose its independent function in this psalm. The occurence of a well known Canaanite tradition is further obvious, while the question into the psalm's apocalyptic relationships is negatively assessed. Single motives like the upliftment of the head (3) and the shepherd/flock image (13) fulfil a definite Junction within the psalm’s context. The poet clearly applied historical traditions, motives and images to express an independent function within its context. (shrink)

Intentional action is, in some sense, non-accidental, and one common way action theorists have attempted to explain this is with reference to control. The idea, in short, is that intentional action implicates control, and control precludes accidentality. But in virtue of what, exactly, would exercising control over an action suffice to make it non-accidental in whatever sense is required for the action to be intentional? One interesting and prima facie plausible idea that we wish to explore in this paper is (...) that control is non-accidental in virtue of requiring knowledge – either knowledge-that or knowledge-how (e.g., Beddor and Pavese 2021; cf., Setiya 2008; 2012 and Habgood-Coote 2018). We review in detail some key recent work defending such knowledge-centric theories of control, and we show that none of these accounts holds water. We conclude with some discussion about how control opposes the sort of luck intentional action excludes without doing so by requiring knowledge (that- or how). (shrink)

Intentional action is, in some sense, non-accidental, and one common way action theorists have attempted to explain this is with reference to control. The idea, in short, is that intentional action implicates control, and control precludes accidentality. But in virtue of what, exactly, would exercising control over an action suffice to make it non-accidental in whatever sense is required for the action to be intentional? One interesting and prima facie plausible idea that we wish to explore in this paper is (...) that control is non-accidental in virtue of requiring knowledge—either knowledge-that or knowledge-how (e.g., Beddor and Pavese 2021; cf., Setiya 2008; 2012 and Habgood-Coote 2018). We review in detail some key recent work defending such knowledge-centric theories of control, and we show that none of these accounts holds water. We conclude with some discussion about how control opposes the sort of luck intentional action excludes without doing so by requiring knowledge (that- or how). (shrink)

There is a growing recognition, stemming from work with both vertebrates and invertebrates, that the capacity for neuronal regeneration is critically dependent on the local microenvironment. That environment is largely created by the non‐neuronal elements of the nervous system, the neuroglia. Therefore an understanding of how glial cells respond to injury is crucial to understanding neuronal regeneration. Here we examine the process of repair in a relatively simple nervous system, that of the insect, in which it is possible to define (...) precisely the cellular events of the repair process. This repair is rapid and well organised; it involves the recruitment of blood cells, the division of endogenous glial elements and, possibly, migration from pre‐existing glial pools in adjacent ganglia. There are clear parallels between the events of repair and those of normal glial development. It seems likely that the ability of the insect central nervous system to repair resides in the retention of developmental capacities throughout its life and that damage results in the activation of this potential. (shrink)

Scientists and laypeople alike use the sense of understanding that an explanation conveys as a cue to good or correct explanation. Although the occurrence of this sense or feeling of understanding is neither necessary nor sufficient for good explanation, it does drive judgments of the plausibility and, ultimately, the acceptability, of an explanation. This paper presents evidence that the sense of understanding is in part the routine consequence of two well-documented biases in cognitive psychology: overconfidence and hindsight. In light of (...) the prevalence of counterfeit understanding in the history of science, I argue that many forms of cognitive achievement do not involve a sense of understanding, and that only the truth or accuracy of an explanation make the sense of understanding a valid cue to genuine understanding. (shrink)

This paper examines narrativism’s claim that the historical past cannot be known once and for all because it must be continuously re-described from the standpoint of the present. We argue that this claim is based on a non sequitur. We take narrativism’s claim that the past must be re-described continuously from the perspective of the present to be the result of the following train of thought: 1) “all knowledge is conceptually mediated”; 2) “the conceptual framework through which knowledge of reality (...) is mediated changes with every new generation of historians”; therefore (narrativism’s claim) “the historical past changes with every new generation of historians”. The idea of an unchanging past, for the narrativist, requires denying premise 1 (all knowledge is conceptually mediated”) and therefore rests on a problematic commitment to the chimerical notion of the past as it is in-itself, wie es eigentlich gewesen. We argue that the narrativist’s conclusion does not follow unless one adds a further premise, namely 3) “it is not possible to view reality through the categorial framework of historical agents”. If one asserts the possibility of grasping reality through the categorial framework of others, be they contemporary or past agents (as much philosophy of history written in an idealist key does), then one no longer has to accept the narrativist’s inference that since the past cannot be known in-itself or independently of conceptual mediation, then it cannot be known as it always was for the historical agents. Narrativism’s inference that the past cannot be known as it always was does not follow from premises 1 and 2 unless one smuggles in another problematic premise, premise 3. In this paper we defend the claim that the past can be known as it always was (not as it is in-itself) by invoking a different conception of the role of conceptual mediation in historical knowledge, one which assumes the possibility of viewing reality through the categorial framework of others. This notion of the role of conceptual mediation in historical knowledge is prevalent in the idealist tradition but, in the interest of brevity, we will defend this notion of mediacy by specific reference to the idealist philosophy of R.G. Collingwood. (shrink)

A commentary on “Were There ‘Additional Foreseeable Risks’ in the SUPPORT Study?,” by Henry J. Silverman and Didier Dreyfuss; “SUPPORT: Risks, Harms, and Equipoise,” by Robert M. Nelson; “The Controversy over SUPPORT Continues and the Hyperbole Increases,” by Alan R. Fleischman; and “SUPPORT and Comparative Effectiveness Trials: What's at Stake?,” by Lois Shepherd, all in the January‐February 2015 issue.

Philosophers agree that scientific explanations aim to produce understanding, and that good ones succeed in this aim. But few seriously consider what understanding is, or what the cues are when we have it. If it is a psychological state or process, describing its specific nature is the job of psychological theorizing. This article examines the role of understanding in scientific explanation. It warns that the seductive, phenomenological sense of understanding is often, but mistakenly, viewed as a cue of genuine understanding. (...) The article closes with a discussion of several new paths of research that tie the psychology of scientific explanation to cognate notions of learning, testimony, and understanding. (shrink)

At some distance from a high-rate source in an elastic half-space, the dominant wave motion at the free surface is a Rayleigh surface wave. The calculation of surface waves generated by a concentrated force in a half-space is a basic problem in elastodynamics. By straightforward manipulations, the result can be used to obtain surface waves for other kinds of wave-generating body-force arrangements. For example, appropriate combinations of double-forces (or dipoles) can be used to represent the surface loading due to laser (...) irradiation, or due to acoustic emission from the opening of a sub-surface crack or from sliding over a fault surface. The surface wave motion is usually obtained by the application of integral transform techniques and the subsequent extraction of the surface waves as the contributions from poles in the integral for the inverse transform. In this paper, we use a much simpler approach based on the elastodynamic reciprocity theorem. We consider a transversely isotropic solid whose axis of symmetry is normal to the surface of the half-space. Surface wave pulses generated by a single force, by irradiation from a laser source, and by opening of a crack, have been determined. (shrink)

There is now a considerable literature on Michel Foucault but this is the first monograph which explicitly addresses his influence and impact upon education. Personal autonomy has been seen as a major aim, if not the aim of liberal education. But if Foucault is correct that personal autonomy and the notion of the autonomous person are myths, then the pursuit of such an aim by educationalists is misguided. The author develops this critique of personal autonomy and liberal education from the (...) writings of Foucault, and also considers Foucault's own educational practices. The author, James Marshall, who lives in New Zealand, has already written several articles for academic journals on Foucault. (shrink)

A fresh, daring, and genuine alternative to the traditional story of scientific progress Explaining the world around us, and the life within it, is one of the most uniquely human drives, and the most celebrated activity of science. Good explanations are what provide accurate causal accounts of the things we wonder at, but explanation's earthly origins haven't grounded it: we have used it to account for the grandest and most wondrous mysteries in the natural world. Explanations give us a sense (...) of understanding, but an explanation that feels right doesn't mean it is true. For every true explanation, there is a false one that feels just as good. A good theory's explanations, though, have a much easier path to truth. This push for good explanations elevated science from medieval alchemy to electro-chemistry, or a pre-inertial physics to the forces underlying nanoparticles. And though the attempt to explain has existed as long as we have been able to wonder, a science timeline from pre-history to the present will reveal a steep curve of theoretical discovery that explodes around 1600, primarily in the West. Ranging over neuroscience, psychology, history, and policy, Wondrous Truths answers two fundamental questions-Why did science progress in the West? And why so quickly? J.D. Trout's answers are surprising. His central idea is that Western science rose above all others because it hit upon successive theories that were approximately true through an awkward assortment of accident and luck, geography and personal idiosyncrasy. Of course, intellectual ingenuity partially accounts for this persistent drive forward. But so too does the persistence of the objects of wonder. Wondrous Truths recovers the majesty of science, and provides a startling new look at the grand sweep of its biggest ideas. (shrink)

Scientific realism has been advanced as an interpretation of the natural sciences but never the behavioral sciences. This book introduces a novel version of scientific realism, Measured Realism, that characterizes the kind of theoretical progress in the social and psychological sciences that is uneven but indisputable. It proposes a theory of measurement, Population-Guided Estimation, that connects natural, psychological, and social scientific inquiry. Presenting quantitative methods in the behavioral sciences as at once successful and regulated by the world, the book will (...) engage philosophers of science, historians of science, sociologists of science, and scientists interested in the foundations of their own disciplines. Part I introduces measured realism beginning with a novel realist theory of measurement (Population-Guided Estimation, or PGE). It examines two other versions of scientific realism — minimal (Hacking) and robust (Boyd, Putnam, and Newton-Smith) — and advances measured realism as best supported by the evidence in the behavioral sciences. It also critically evaluates the anti-realist arguments of van Fraassen, Laudan, and Fine. Part II formulates and develops a version of epistemological naturalism most appropriate to measured realism. Drawing upon the realist theory of measurement developed earlier, it favorably appraises a variety of statistical methods in the behavioral sciences against selected criticisms. It concludes that traditional, narrative methods in the behavioral and social sciences are unreliable by the measures of epistemological naturalism. (shrink)

Bayesian probabilistic explication of inductive inference conflates neutrality of supporting evidence for some hypothesis H ("not supporting H") with disfavoring evidence ("supporting not-H"). This expressive inadequacy leads to spurious results that are artifacts of a poor choice of inductive logic. I illustrate how such artifacts have arisen in simple inductive inferences in cosmology. In the inductive disjunctive fallacy, neutral support for many possibilities is spuriously converted into strong support for their disjunction. The Bayesian "doomsday argument" is shown to rely entirely (...) on a similar artifact. Copyright 2010 by the Philosophy of Science Association. All rights reserved. (shrink)

(2002). Philosophy of Science 72 (January), 198-208.

There is a standard story told about the rise and fall of ordinary language philosophy: it was a widespread, if not dominant, approach to philosophy in Great Britain in the aftermath of World War II up until the early 1960s, but with the development of systematic approaches to the study of language—formal semantic theories on one hand and Gricean pragmatics on the other—ordinary language philosophy more or less disappeared. In this paper we present quantitative evidence to evaluate the standard story (...) of the rise and fall of ordinary language philosophy, building on the topic model of over 30,000 philosophy articles in Weatherson (2022). Using a combination of qualitative judgment and a topic-model-based measurement of similarity between individual articles, we find evidence that supports the first part of the standard story, according to which ordinary language philosophy arises in the 1940s, peaks between the early 1950s and the late 1960s, and then rapidly declines. But we argue that there is also evidence of a "new wave" of ordinary language philosophy in the early 21st century that defies the second part of the standard story. (shrink)

I offer a mereological bundle of universals theory of material objects. The theory says that objects are identical to fusions of immanent universals at regions of space. Immanent universals are in the objects that instantiate them, and they can be wholly located at many regions of space. The version of the bundle theory I offer explains these characteristics of immanent universals, and it captures the instantiation relation in terms of the part-whole relation. The version of the theory I offer is (...) simpler and more unified than other mereological bundle theories. Yet, it is not as encompassing as other versions. For I suppose throughout that space is a particular substance, but not a bundle of properties. (shrink)

In his exemplary edition of the papyrus fragments of Callimachus' Victoria Berenices, P. J. Parsons briefly considered the spelling of the name of Hercules' host, who played such a major role in Callimachus' ατιον on the founding of the Nemean games. At B iii 2 the papyrus has M[λ]ορκοϲ. On this Professor Parsons noted ‘elsewhere Mλορχοϲ: the unusual spelling, which no doubt comes from the text, reappears in Apollodorus, Bibl. 2.5.1 , Nonnus, Dion. 17.52 and Stephanus of Byzantium s.v. Mολορκα (...) ’. (shrink)

In an essay entitled ‘Cinna the Poet’ published in 1974, T. P. Wiseman forcefully countered the arguments of Monroe E. Deutsch and others against the identification of the ‘neoteric’ poet Cinna with the tribune Gaius Helvius Cinna, who after Caesar's funeral was torn to pieces by an enraged mob, mistaken by it for the praetor Lucius Cornelius Cinna, who had applauded Caesar's murder. The identification of the poet with the tribune is supported by Plutarch, Brutus 20.4, where the murdered tribune (...) is called a ποιητικ⋯ς ⋯ν⋯ρ. As Wiseman says, ‘there are six other ancient accounts of the murder, drawn from a source or sources unknown; five of them call the victim a tribune of the plebs, and none of them says he was a poet. Impressed by this, many scholars have thought that the victim was not in fact the poet Helvius Cinna, and M. E. Deutsch suggested in 1925 that either the phrase in the Brutus describing him as a poet is a gloss, or “the tribune also dabbled in verse but was not the famous poet”.’ Wiseman's refutation of the various arguments of Deutsch and his followers against the identity of the poet and the tribune seems to me quite cogent, but the debate shows no sign of having been brought to a close: G. V. Sumner concludes his review of Wiseman's essay with an argument that the tribune was probably somewhat younger than the poet, and the suggestion that the tribune may have been ‘the adoptive, and hence homonymous, son of the poet’. (shrink)

The recent revival of scholarly interest in Suetonius provides a good occasion to emend a long-standing crux in Joannes Lydus' description of Suetonius' dedication of his Vitae Caesarum to his friend the praetorian prefect Septicius Clarus. The codex unicus Caseolinus has Τράγκυλλος τοίνυν τος τν Καισάων βίους ν γράμμασιν † ποτίνων † Σεπτικί, ς ν παρχος τν πραιτωριανν σπειρν πì ατο. The conjectures ποτείνων by J. D. Fuss and ποτείνων by I. Bekker do little to improve the sense, and although (...) W. Kroll's προτείνων gives the meaning required by the context , προ- would not easily have been misread as πο-. For ποτίνων read νατείνων. For parallels compare BGU ii , 613.3–4 'Ανέτινα βιβλ[ίδι]α τλαμπροτάτ [γεμόνι] in a papyrus from the reign of Antoninus Pius cited by LSJ, and several other passages, most of which I owe to the supplement to Preisigke and Kiessling's Wörterbuch der griechischen Papyrusurkunden and to Dr Francisco R. Adrados of the Diccionario Griego-Español: Sammelbuch x , 10527.5–7 ['Ανέτε]ινά σοι, κ[ύριε,]…ναφόρ[ιον… of a.d. 152–3, P. Fouad iii , 26.5–10 , 8252.5–10) Ο νέτινάσυ τ κυρί βιβλιδίου…ντίγραφον πέταξα of a.d. 157–9, P. Oslo. iii , 80.21 ο νέτιναν βιβλιδί[ου…written sometime after March 7, a.d. 161, Sammelbuch iv 7472.3 'Ανέτεινά [σοι, κύριε πίτροπε, βιβλείδιον of a.d. 164, Sammelbuch vi.3 9339.24–7 13.5–7) ο νετείναμεν τ [κρατίσ τρχιερε O]λπί Σερηνιαν βιβλιδίου…[…] ντίγραφον πετάξαμεν from a.d. 178 or a little later, P. Mich. xii 616.13–14 τ δίκαιά μου βιβλειδί νγράψασ νέτεινα Νεμεσιαν πωσ τα[]τα διαπέμψηται[τ ]πιτρόπ from ca. a.d. 182, P. Cornell 14.2–4 ο νέτει[να τ κρατίστ πιστρ]ατηγ Κλαυδί [Ξενοφντι βιβλδίο]υ from a.d. 180–92, Wilcken, Chrestomathie 461.3–5 О[ νέ]τεινα τ λαμπροτάτ [γεμόνΚ]υίντω[ι] Μαικίωι λαιτίωι βιβλιδίου…ντίγραφον [ποτάξασ] from the beginning of the third century, and Sammelbuch v , 8246.3–4 α συνηγερούμεναι λιβέλλον νέτιναν π τν παρχον ξουσίαν from a.d. 340. (shrink)