In jurisprudential circles the year 1981 might well be dubbed the year of Hans Kelsen, with no fewer than three symposia celebrating the hundredth anniversary of his birth. The Association for Legal and Social Philosophy in the United Kingdom held a conference on Kelsen in Edinburgh in April, giving special attention to “legal epistemology” in the Pure Theory of Law. A symposium of the Austrian Association for Legal and Social Philosophy, held in the Schloss Retzhof near Graz in May, was (...) devoted to Kelsen's political theory and critique of ideology. And the Hans Kelsen Institute in Vienna sponsored a symposium in September on Kelsen's posthumously published work, the Allgemeine Theorie der Normen. All three events were marked by significant international participation, and they point to continuing widespread interest in Kelsen and the Pure Theory of Law. (shrink)

In Hobbes's Theory of the Will, Jurgen Overhoff reveals the religious, ethical, and political consequences of Thomas Hobbes's doctrine of volition. The author gracefully describes how Hobbes's thought was governed by assumptions based firmly in Galilean natural philosophy and orthodox Protestant theology. Overhoff also demonstrates how his subject used materialist eschatology and an absolutist political theory to resolve the social and ethical predicaments that coincided with these assumptions. Finally, Overhoff provides a chronological study of the numerous philosophical, theological, religious and (...) political aspects of Hobbes's idea of the will and situates Hobbes's doctrine within the context of the most important responses and objections put forward by his critics. (shrink)

Contrary to comparativist critics of ideal theory, I argue that ideal institutions become relevant for issues of nonideal theory through their role as part of the ideal guidance approach (IGA). So far, the most important argument against the IGA has been the second-best argument. However, this argument is only damaging for the IGA under certain conditions: Firstly, when the ideal is not realizable, and, secondly, when the path to the ideal does not contain the second-best world. Since it is an (...) empirical question whether this is the case, the article discusses the empirical relevance of the second-best argument. By employing causal mechanisms identified in the institutionalist literature – path dependence and institutional complementarity – I argue that the IGA actually offers better prospects for the evaluation of nonideal alternatives than the comparative approach. This is, because the latter systematically excludes the information of how an ideal institutional design looks like from consideration. I also discuss and reject the objection that a more comprehensive version of the comparative approach could take these issues into consideration: Such an approach is either epistemically infeasible or very similar to the IGA. (shrink)

The ongoing explosion of interest in artificial intelligence is fueled in part by recently developed techniques in machine learning. Those techniques allow automated systems to process huge amounts of data, utilizing mathematical methods that depart from traditional statistical approaches, and resulting in impressive advancements in our ability to make predictions and uncover correlations across a host of interesting domains. But as is now widely discussed, the way that those systems arrive at their outputs is often opaque, even to the experts (...) who design and deploy them. Is it morally problematic to make use of opaque automated methods when making high-stakes decisions, like whether to issue a loan to an applicant, or whether to approve a parole request? Many scholars answer in the affirmative. However, there is no widely accepted explanation for why transparent systems are morally preferable to opaque systems. We argue that the use of automated decision-making systems sometimes violates duties of consideration that are owed by decision-makers to decision-subjects, duties that are both epistemic and practical in character. Violations of that kind generate a weighty consideration against the use of opaque decision systems. In the course of defending our approach, we show that it is able to address three major challenges sometimes leveled against attempts to defend the moral import of transparency in automated decision-making. (shrink)

This paper argues against two prominent accounts of what it is to "promote a desire," found in the work of Stephen Finlay and Mark Schroeder.

Promotion is the relation between an act and a desire that obtains when the act advances or serves the desire. Under what conditions does an act promote a desire? Probabilistic accounts of promotion, the most prominent accounts, analyze promotion in terms of an increase in the probability of the desire’s satisfaction. In this paper, we clarify the promotion relation and explain why probabilistic accounts are attractive. Then we identify two questions probabilistic accounts must answer: the Baseline Question and the Interpretation (...) Question. We discuss and reject the three answers to the Baseline Question found in the literature, and explain the challenge future attempts at answering this question will face. Proponents of probabilistic accounts have not adequately addressed the Interpretation Question. We survey three answers to this question, finding each unsatisfactory. We conclude that no satisfactory probabilistic account has yet been offered, and that there are significant hurdles to providing one in the future. (shrink)

In this article, I articulate and respond to an epistemological challenge to meta-normative realism. The challenge has it that, if realism about the normative is correct, and if evolutionary forces have significantly influenced our normative judgments, then it would be a remarkable coincidence if the content of the normative facts and our normative judgments were aligned. I criticize David Enoch's recent attempt to meet this challenge, but provide an alternative response that is structurally similar. I argue that if realism is (...) correct, then it would be remarkable if the content of our normative judgments and the normative facts were not significantly aligned. (shrink)

Source Hybridism about practical reasons is the position that facts that constitute reasons sometimes derive their normative force from external metaphysical grounds, and sometimes from internal. Although historically less popular than either Source Internalism or Source Externalism, hybridism has lately begun to garner more attention. Here, I further the hybridist's cause by defending Source Hybridism from three objections. I argue that we are not warranted in rejecting hybridism for any of the following reasons: that hybridists cannot provide an account of (...) normative weight, that hybridists are committed to implausible results concerning practical deliberation, or that Source Hybridism is objectionably unparsimonious. (shrink)

Internalists about practical reasons maintain that all of an agent’s reasons for action derive their normative force via some relation in which they stand with that agent’s pro-attitudes, or the pro-attitudes that the agent would have in some idealized set of circumstances. One common complaint against internalism is that the view is extensionally inadequate – that it cannot render the correct verdicts about what reasons agents have in a range of important cases. In this paper, I examine that charge of (...) extensional inadequacy, taking as my starting point an argument that Derek Parfit has recently leveled against internalism. Through a close evaluation of that argument and potential replies to it, I attempt to show that internalists cannot accommodate important pre-theoretical intuitions about what reasons we have. However, I also argue that Parfit’s case is importantly overstated; I set out to show that his argument cannot establish, as he thinks it does, that no reasons derive their normative force in the way that internalists believe that all do. In doing so, I draw attention to the possibility of a hybrid position about practical reasons that, surprisingly, receives little attention in the existing literature. If the arguments of the paper succeed, I will have established a modest theoretical advantage for hybridism over internalism – namely, that it is not vulnerable to the charge of extensional inadequacy. My hope is that this goes some way toward establishing hybridism’s credentials as a serious alternative to its “pure” competitors. (shrink)

How did humans respond to the eighteenth-century discovery of countless new species of animals? This book explores the gamut of human-animal interactions: from love to cultural identifications, moral reflections, philosophical debates, classification systems, mechanical copies, insults and literary creativity.

In this, the second of two articles outlining a theory of communicative competence, the author questions the ability of Chomsky's account of linguistic competence to fulfil the requirements of such a theory. ?Linguistic competence? for Chomsky means the mastery of an abstract system of rules, based on an innate language apparatus. The model by which communication is understood on this account contains three implicit assumptions, here called ?monologism?, ?a priorism?, and ?elementarism?. The author offers an outline of a theory of (...) communicative competence that is based on the negations of these assumptions. In opposing the first two assumptions he introduces distinctions, respectively, between semantic universals which process experiences and those that make such processing possible, and between semantic universals which precede all socialization and those that are linked to the conditions of potential socialization. Against elementarism, he argues that the semantic content of all possible natural languages does not consist of combinations of a finite number of meaning components. Differences in systems of classification preclude this, and such differences can be seen to infect all respects of intercultural comparison. Using the notion of ?performative utterance?, the author elucidates the role of dialogue?constitutive universals as part of the formal apparatus required of a?; speaker's capacity to communicate. He then notes what would be required of a general semantics based on a theory of communicative competence; and finally points out how this theory might be used for social analysis. (shrink)

Varied evidence confirms more strongly than less varied evidence, ceteris paribus. This epistemological Variety of Evidence Thesis enjoys widespread intuitive support. We put forward a novel explication of one notion of varied evidence and the Variety of Evidence Thesis within Bayesian models of scientific inference by appealing to measures of entropy. Our explication of the Variety of Evidence Thesis holds in many of our models which also pronounce on disconfirmatory and discordant evidence. We argue that our models pronounce rightly. Against (...) a backdrop of failures of the Variety of Evidence Thesis, the intuitive case for the Variety of Evidence Thesis emerges strengthened. Our models do however not support the general case for the thesis since our explication of it fails to hold in certain cases. The parameter space of this failure is explored and an explanation for the failure is offered. (shrink)

This paper highlights the role of Lewis’ Principal Principle and certain auxiliary conditions on admissibility as serving to explicate normal informal standards of what is reasonable. These considerations motivate the presuppositions of the argument that the Principal Principle implies the Principle of Indifference, put forward by Hawthorne et al.. They also suggest a line of response to recent criticisms of that argument, due to Pettigrew and Titelbaum and Hart, 621–632, 2020). The paper also shows that related concerns of Hart and (...) Titelbaum, 252–262, 2015) do not undermine the argument of Hawthorne et al.. (shrink)

Since the introduction of photography by commercial studio photographers and the colonial state in Kenya, this global medium has been intensely debated and contested among Muslims on the cosmopolitan East African coast. This book does not only explore the making, circulation, and consumption of popular photographs, but also the other side, their rejection and obliteration, an essential aspect of a medium's history that should not be neglected. It deals with various »social spaces of refusal« in the local Muslim milieu and (...) in that of »traditional« spirit mediums in which visibility was contested in various and creative ways. It focuses on the »aesthetics of withdrawal«: the various ways and techniques that process the photographic act as well as the photographic image to theatricalize the surface of the image in new ways by veiling, masking, and concealing. In a fragmented historical perspective, Heike Behrend seeks to complement, decenter, and counter the history of photography as it has been told by the West and to narrate another history beginning with preceding local media such as textiles and spirit possession. (shrink)

Jherings Rechtsdenken ist ein noch nicht ausgeschöpftes Guthaben der deutschen Rechtskultur. Erst in jüngerer Zeit konnte es von schweren Mißverständnissen befreit und in seiner kulturanthropologischen, die menschliche Zivilisation als Ganzes erfassenden Weite deutlich gemacht werden. Okko Behrends beleuchtet Jhering als Schriftsteller, Rechtstheoretiker und Juristen. Er verfolgt die Wirkung seines realistischen, aber an der Idee des rechtsethischen Fortschritts festhaltenden Denkens in Europa (Deutschland, Rußland, Schweden, Italien), Ostasien (Japan und Korea) sowie Nord- und Südamerika.

Objective Bayesian epistemology invokes three norms: the strengths of our beliefs should be probabilities, they should be calibrated to our evidence of physical probabilities, and they should otherwise equivocate sufficiently between the basic propositions that we can express. The three norms are sometimes explicated by appealing to the maximum entropy principle, which says that a belief function should be a probability function, from all those that are calibrated to evidence, that has maximum entropy. However, the three norms of objective Bayesianism (...) are usually justified in different ways. In this paper we show that the three norms can all be subsumed under a single justification in terms of minimising worst-case expected loss. This, in turn, is equivalent to maximising a generalised notion of entropy. We suggest that requiring language invariance, in addition to minimising worst-case expected loss, motivates maximisation of standard entropy as opposed to maximisation of other instances of generalised entropy. Our argument also provides a qualified justification for updating degrees of belief by Bayesian conditionalisation. However, conditional probabilities play a less central part in the objective Bayesian account than they do under the subjective view of Bayesianism, leading to a reduced role for Bayes’ Theorem. (shrink)

L’histoire des sciences est souvent comprise comme une succession de théories, les nouvelles supplantant les anciennes. Or cette conception de l’histoire des sciences ne rend pas justice à la complexité des dynamiques à l’œuvre dans le développement scientifique. Pour illustrer cela, nous nous intéressons à un type de phénomènes qui ne peut pas être décrit comme relevant d’une simple succession linéaire : la désuétude de certaines théories. Nous portons notre attention sur un cas particulier : la désuétude temporaire qui a (...) frappé la théorie de la neuroplasticité. Nous défendons l’idée que l’étude de cette théorie fait apparaître certaines des insuffisances de la conception linéaire de l’histoire des sciences. (shrink)

J.L. Austin has demonstrated that people can do things—bring about social facts — with words. Here we describe how some people do things with things. This is a study of the symbolic use and situated history of material objects during a business negotiation between two German entrepreneurs: of the practical transformation of things-at-hand from objects of use into exemplars, or into forms-at-hand that can be used for the construction of transitory symbolic artifacts. Arranging boxes in a particular fashion can be (...) the equivalent of an illocutionary act, but unlike words things remain on the scene as indexical monuments to prior interactional arrangements. (shrink)

In this, the first of two articles outlining a theory of communicative competence, the author shows how the requirements of such a theory are to be found in an analysis not of the linguistic competence of a native speaker, but of systematic distortion of communication of the kind postulated by psychoanalytic theory. The psychoanalyst's hermeneutic understanding of initially incomprehensible acts and utterances depends on the explanatory power of this understanding, and therefore rests on theoretical assumptions. After a preliminary delineation of (...) the range of incomprehensible acts and utterances dealt with in psychoanalysis, the author presents an account of psychoanalysis as linguistic analysis. He then explicates the key theoretical assumptions underlying the analytical procedure, in particular those relating to the notion of ?scenic understanding?, and concludes by indicating the place of explanatory understanding in a theory of communicative competence. (shrink)