. A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...) explored. This article argues further that melody‐modeled mindfulness of time is evident also at a deeper and more pervasive level, giving structure to the distinctive mode of law's normative guidance. The article draws one important theoretical consequence from this exploration, namely, that the normative coherence of momentary legal systems depends conceptually on their coherence over time. (shrink)

Hume defined ‘cause’ three times over. The two principal definitions (constant conjunction, felt determination) provide the anchors for the two main strands of the modem empiricist accounts of laws of nature 1 while the third (the counter factual definition 2) may be seen as the inspiration of the nonHumean necessitarian analyses. Corresponding to the felt determination definition is the account of laws that emphasizes human attitudes, beliefs, and actions. Latter day weavers of this strand include Nelson Goodman, A. J. Ayer, (...) and Nicholas Rescher. In Fact, Fiction and Forecast Goodman writes: “I want to emphasize the Humean idea that rather than a sentence being used for prediction because it is a law, it is called a law because it is used for prediction” (1955, p. 62). In “What is a law of nature?”, Ayer explains that the difference between ‘generalizations of fact’ and ‘generalizations of law’ “lies not so much on the side of facts which make them true, as in the attitude of those who put them forward” (1956, p. 162). And in a similar vein, Rescher maintains that lawfulness is “mind-dependent”; it is not something which is discovered but which is supplied: “Lawfulness is not found in or extracted from the evidence but superadded to it. Lawfulness is a matter of imputation” (1970, p. 107). By contrast, the constant conjunction definition promotes the view that laws are to be analyzed in terms of the de re characteristics of regularities, independently of the attitudes and actions of actual or potential knowers. (shrink)

Reminiscences of Peter, by P. Oppenheim.--Natural kinds, by W. V. Quine.--Inductive independence and the paradoxes of confirmation, by J. Hintikka.--Partial entailment as a basis for inductive logic, by W. C. Salmon.--Are there non-deductive logics?, by W. Sellars.--Statistical explanation vs. statistical inference, by R. C. Jeffre--Newcomb's problem and two principles of choice, by R. Nozick.--The meaning of time, by A. Grünbaum.--Lawfulness as mind-dependent, by N. Rescher.--Events and their descriptions: some considerations, by J. Kim.--The individuation of events, by D. (...) Davidson.--On properties, by H. Putnam.--A method for avoiding the Curry paradox, by F. B. Fitch.--Publications (1934-1969) by Carl G. Hempel (p. [266]-270). (shrink)

"The Emperor's New Mind" by Roger Penrose has received a great deal of both praise and criticism. This review discusses philosophical aspects of the book that form an attack on the "strong" AI thesis. Eight different versions of this thesis are distinguished, and sources of ambiguity diagnosed, including different requirements for relationships between program and behaviour. Excessively strong versions attacked by Penrose (and Searle) are not worth defending or attacking, whereas weaker versions remain problematic. Penrose (like Searle) regards the (...) notion of an algorithm as central to AI, whereas it is argued here that for the purpose of explaining mental capabilities the architecture of an intelligent system is more important than the concept of an algorithm, using the premise that what makes something intelligent is not what it does but how it does it. What needs to be explained is also unclear: Penrose thinks we all know what consciousness is and claims that the ability to judge Go "del's formula to be true depends on it. He also suggests that quantum phenomena underly consciousness. This is rebutted by arguing that our existing concept of "consciousness" is too vague and muddled to be of use in science. This and related concepts will gradually be replaced by a more powerful theory-based taxonomy of types of mental states and processes. The central argument offered by Penrose against the strong AI thesis depends on a tempting but unjustified interpretation of Goedel's incompleteness theorem. Some critics are shown to have missed the point of his argument. A stronger criticism is mounted, and the relevance of mathematical Platonism analysed. Architectural requirements for intelligence are discussed and differences between serial and parallel implementations analysed. (shrink)

Legal positivism’s multi-faceted insistence on the separability of law and morality includes an insistence on the thoroughly conventional status of legal norms as legal norms. Yet the positivist affirmation of the conventionality of law may initially seem at odds with the mind-independence of the existence and contents and implications of legal norms. Mind-independence, a central aspect of legal objectivity, has been seen by some theorists as incompatible with the mind-dependence of conventions. Such a perception of incompatibility has (...) led some anti-positivist theorists to reject the notion of law’s conventionality, and has led some positivist theorists to query law’s mind-independence. What will be contended here is that both camps are mistaken. (shrink)

Acceptance of Humean Supervenience and thereductive Humean analyses that entail it leadsto a litany of inadequately explained conflictswith our intuitions regarding laws andpossibilities. However, the non-reductiveHumeanism developed here, on which law claimsare understood as normative rather than factstating, can accommodate those intuitions. Rational constraints on such norms provide aset of consistency relations that ground asemantics formulated in terms offactual-normative worlds, solving theFrege-Geach problem of construing unassertedcontexts. This set of factual-normative worldsincludes exactly the intuitive sets ofnomologically possible worlds associated witheach possible (...) set of laws. The extension ofthe semantics to counterfactual and subjunctiveconditionals is sketched. Potential objectionsinvolving subjectivity, mind-dependence, andnon-factuality are discussed. (shrink)

I defend a novel view of how social kinds (e.g., money, women, permanent residents) depend on our mental states. In particular, I argue that social kinds depend on our mental states in the following sense: it is essential to them that they exist (partially) because certain mental states exist. This analysis is meant to capture the very general way in which all social kinds depend on our mental states. However, my view is that particular social kinds also depend on our (...) mental states in more specific ways—some of them causal, others metaphysical. I defend a minimal but metaphysically important notion of essence—one that takes as primary that the essential properties of a kind constitute its identity—and argue that this minimal notion of essence is all that is needed to vindicate my claim that social kinds are essentially mind-dependent. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Since I do not disagree with the line of argument taken by Kramer and the distinctions he draws between the different ways rules can be ‘mind-independent’, my comments focus on some of the complexities involved in the application of his distinctions. I suggest that law, properly understood as a system of rules/conventions is both existentially and observationally weakly mind independent, but nonetheless objective.

1. Introduction: Naturalism and Psychological Explanations To a large extent, contemporary philosophical debate takes place within a framework of naturalistic assumptions. From the perspective of the history of philosophy, naturalism is the legacy of positivism without its empiricist epistemology and empiricist conception of meaning and cognitive significance. Systematically, it is best to characterize naturalism as the philosophical articulation of the underlying presuppositions of a reductive scientific research program that was rather successful in the last few centuries and, equally important, promises (...) to be so in the future particularly in the biological sciences and the neurosciences. It seems as if the secrets of human life and behavior and the mysteries of the mind will be cracked on the molecular level of the genes or the brain, or at least so we are told. Viewed in this manner it is understandable why philosophical naturalism tends to be committed to monism, both as a metaphysical or ontological claim and as a methodological position in the philosophy of social science. Naturalists are inclined to adopt a physicalist ontology that rejects free floating Cartesian substances and they view higher order macroscopic facts and properties as being dependent or supervenient on basic micro-physical facts. Naturalists, furthermore, expect that any scientific explanation of higher order properties has to provide an account of why and how these lower order facts give rise to higher order ones. These ontological and epistemic commitments also underpin a position of methodological monism in regard to the social sciences and the explanation of human agency. If the above ontological picture is correct then there is no reason to expect that the structure of the sciences dealing with higher order properties on the social level should fundamentally differ in their methodology from the natural sciences. In both domains of investigation, scientists will develop and make explanatory use of comprehensive and empirically well supported theories with adequate predictive powers that describe.... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen BrockAngel Perez-LopezThe Light that Binds: A Study in Thomas Aquinas's Metaphysics of the Natural Law by Stephen Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.How does the natural law fit the definition of law? Opinions clash among different interpreters of Saint Thomas Aquinas. Stephen Brock's book provides both a magisterial and (...) a definitive answer to this question.Like fine wine, this book has been fermenting and maturing for almost thirty years. Originally a doctoral dissertation, this recently published work has been rewritten, and to a certain extent, reworked by the author with respect to some of its content.Without disregard for nuances, the first chapter introduces the reader to four different groups of Aquinas's interpreters. The first two groups question the full legal character of the natural law in its dependence to the eternal law. The third one questions its naturalness. The fourth group, instead, upholds both the divine origin of the natural law's full legality in its dependence on the eternal law, as well as its natural character.Brock places Dom Odo Lottin, Wolfgang Kluxen, Germain Grisez, and John Finnis in the first group. They maintain that the natural law is a law only in a qualified sense and that it does not entirely fulfill the definition of law. The natural law would provide an intrinsic morality. It should be treated independently from the eternal law. The second group is composed by authors such as Frederick Copleston, Alan Donagan, or Gregory Stevens. Similar to the first group, they argue that the natural law is an autonomous self-standing law, legislated by human reason. Thus, it should be treated independently from the eternal law, except to point out its ultimate origin.The author who exemplifies the third position is Ernest Fortin. Reacting against Finnis, Fortin's position jeopardizes the natural character of the natural law. In his view, the legal force of the first principles of practical reason is not fully actualized until one recognizes the divine institution sanctioning them. [End Page 981]All the authors of the fourth group uphold that the natural law is fully a law on account of its divine origin and that it is also entirely natural insofar as it is naturally known by human reason. Herein Brock places commentators of Saint Thomas such as Francisco Suarez, Dominic Farrell, Lawrence Dewan, and himself. He also includes in this last group other philosophers such as G. E. M. Anscombe and Peter Geach. In the course of his whole study, Brock shows how Aquinas's true position differs from the other members of this group. Special attention is given to the differences between Aquinas's true mind and the interpretations offered by Suarez, Farrell, and, to a certain degree, even by Dewan. In order to better appreciate the depth of this process, I have found it very helpful to read Farrell's The Natural Law According to Aquinas and Suarez in conjunction with Brock's work.The second chapter targets the natural law's legal character in its dependence to the eternal law. It proves that Thomas provides a strict definition of the natural law when he says that it is nothing but a participation of the eternal law in the rational creature. This chapter opens with a historical study concerning the influence of the Summa Fratri Alexandri in the Summa theologiae (ST). Aquinas's understanding of the dependence of the natural law on the eternal law turns out to be more systematic and refined. It is based on a fuller comprehension and development of what law is (the ratio legis).The remainder of the second chapter consists in a superb commentary regarding ST, I-II, q. 91, a. 2, on whether something existing in man is fit to be called a natural law. Promulgation is the element of the definition of law that specifies the different kinds of laws. Hence, the natural law is differentiated from the others by its natural promulgation, namely, by the act through which the order of the eternal law (already instituted by God... (shrink)

The claim that truth is mind dependent has some initial plausibility only if truth bearers are taken to be mind dependent entities such as beliefs or statements. Even on that assumption, however, the claim is not uncontroversial. If it is spelled out as the thesis that “in a world devoid of mind nothing would be true”, then everything depends on how the phrase ‘true in world w’ is interpreted. If ‘A is true in w’ is (...) interpreted as ‘A is true of w’ (i.e. ‘w satisfies A’s truth conditions’, the claim need not be true. If on the other hand it is interpreted as ‘A is true of w and exists in w’ then the claim is trivially true, though devoid of any antirealistic efficacy. Philosophers like Heidegger and Rorty, who hold that truth is mind dependent but reality is not, must regard such principles as “A if and only if it is true that A” as only contingently true, which may be a good reason to reject the mind dependence of truth anyway. (shrink)

During meditation, consciousness/awareness is usually enhanced because of higher attention and concentration, which inter-dependently co-arise thru appropriate interactions between neural signals. Nāgārjuna rejects ‘inherent existence’ or ‘essence’ in favor of co-dependent origination (Pratītyasamutpāda), and that is also why he rejects causality; the entities that lack inherent existence dependently co-arise. Causality is a major issue in metaphysical views. The goals of this article are as follows: (I)Which entities lack ‘inherent existence’ or ‘essence’ and which ones inherently exist? (II) Do the (...) entities that lack inherent existence dependently co-arise and hence can we reject causality as in Nāgārjuna’s philosophy? (III) Do the entities that exist inherently cause entities that lack inherent existence? (IV) Do structure, function, experience, and environment cause each other? And (V)We critically analyze, extend, and examine Nāgārjuna’s philosophy of dependent co- origination in the extended Dual-Aspect Monism (eDAM) framework. Our analysis suggests that: (i) All conventional entities lack inherent existence. However, the dual-aspect unmanifested state of the primal entity (unified information field (UIF), emptiness, Śūnyatā, a neutral entity of Neutral Monism, or Brahman) inherently exists. The dual-aspect unmanifested state of UIF has (a) physical unified information field (PUIF, quantum vacuum, ‘zero- point field’/ZPF)as physical aspect and (b) unified potential consciousness information field (UPCIF) as the non-physical aspect. The subjective experiences (SEs) of objects and of the subject (self) are the excitations or modes of the UPCIF, so they are derived entities and hence they lack inherent existence. The dual-aspect unmanifested state of UIF/emptiness/Śūnyatā is fundamental and irreducible, and hence it inherently exists. (ii) The entities that lack inherent existence dependently co-arise, and hence causality for them can be rejected but instead conditions (such as efficient, percept-object, immediate, and dominant conditions) are necessary, as in Nāgārjuna’s philosophy. (iii) It is unclear that the dual-aspect primal entity UIF (Brahman/emptiness/Śūnyatā) that exists inherently cause entities that lack inherent existence. Most likely, all manifested entities inter-dependently co-arise thru natural laws built-in the UIF when necessary conditions for a manifested entity are satisfied thru interaction among relevant entities. (iv) It is unclear that structure, function, experience, and environment cause each other. A cause must, at the same time, be an effect of another cause. This implies that there is no first cause. Therefore, the structure, function, and experience inter-dependently co-arise thru co-evolution, co-development, sensorimotor co-tuning, and the interaction among relevant entities after the necessary conditions of manifestation of a specific entity are satisfied; and they are linked via conditions. (v) In the extended Dual-Aspect Monism (eDAM) framework, the physical aspect of a state of a manifested entity and that of the non-physical aspect (with functional, qualitative, cognitive, and experiential sub-aspects) of the same state of the same entity inseparably co-exist in each state of each entity at all levels. However, the degrees of manifestations of inseparable physical and non-physical aspects vary with the states, levels of entities, and contexts. Moreover, manifested entities lack inherent existence. In other words, the physical aspect and that of the non-physical aspect of manifested entities dependently co- arise, co-evolve, co-develop, and co-tuned for sensorimotor system appropriately depending on the levels of entities and contexts, which along with common “effective”information entail the inseparability of both aspects. In this sense, the symmetry between physical and non-physical aspects of a state of an entity (such as brain-mind system) is maintained, where the physical aspect (from third person perspective) does not cause the inseparable non-physical aspect (from first-person perspective) in living systems or vice- versa. (shrink)

I defend the intention-dependence of artifacts, which says that something is an artifact of kind K only if it is the successful product of an intention to make an artifact of kind K. I consider objections from two directions. First, that artifacts are often mind- and intention-dependent, but that this isn’t necessary, as shown by swamp cases. I offer various error theories for why someone would have artifact intuitions in such cases. Second, that while artifacts are necessarily (...) class='Hi'>mind-dependent, they aren’t necessarily intention-dependent. I consider and reject three kinds of cases which purport to show this: accidental creation, automated production, and mass production. I argue that intentions are present in all of these cases, but not where we would normally expect. (shrink)

Weber-Fechner Law states that the perceived intensity is proportional to the logarithm of the stimulus. Recent experiments suggest that this law also holds true for perception of numerosity. Therefore, the use of a logarithmic scale for the quantification of the perceived intensity may also depend on how the cognitive apparatus processes information. If Weber-Fechner law is the result of natural selection, then the logarithmic scale should be better, in some sense, than other biologically feasible scales. We consider the minimization of (...) the relative error as the target of natural selection and we provide a formal proof that the logarithmic scale minimizes the maximal relative error. (shrink)

Infinity and the Brain proposes a logical and scientific way to resolve the paradox of mind and matter -- by explaining how the perception of a finite image is dependent upon the contrasting infinitude of God. The theory holds that awareness is equal to a tension between existence and nonexistence, such that the self is illuminated to itself (becomes conscious) to the exact measure that it anticipates the infinitude of its own nonexistence. This "anticipation" is actually a "tendency (...) toward" a loss of structure in accordance with the second law of thermodynamics, a process that is restrained by effort and the consequent wholesness of an image. An understanding of how effort is linked to an image and how both are dependent upon neural systems inseparable from "infinity anticipation" sets the stage for a new worldview -- in which mind is seen as dependent upon the immanence of an infinite God. And because "mind" can be defined by the presence of an image which intrinsically restrains disorder, we see by extrapolation that the entire universe must be fundamentally personal, not objective as currently viewed by modern science. Book jacket. (shrink)

In this set of previously unpublished essays, noted scholars from North America and Europe describe how the Irish philosopher George Berkeley (1684-1753) continues to inspire debates about his views on knowledge, reality, God, freedom, mathematics, and religion. Here discussions about Berkeley's account of physical objects, minds, and God's role in human experience are resolved within explicitly ethical and theological contexts. This collection uses debates about Berkeley's immaterialism and theory of ideas to open up a discussion of how divine activity and (...) human experience are reconciled in a recurring appeal to the laws of nature. In that context, objects in the world are linked to one another by means of the perceptions and affections whereby minds come into being. The laws of nature thus become crucial for Berkeley in revealing how objects are unintelligible apart from being apprehended by minds that are themselves connected to one another in virtue of their ideas. -/- Overall, the essays indicate that, for Berkeley, our apprehension of the world as real depends on recognizing how the world expressed by our ideas is not a mere aggregate of disconnected bodies but is rather an integrated unity of the things we experience. This provides an antidote against the loss of unity created by Descartes' isolation of the self from nature and Locke's account of objects in terms of simple, discrete ideas. -/- In juxtaposing discussions of Berkeley's later writings with his earlier works, this volume shows not only how, for Berkeley, mind is intrinsically linked to things in nature as the principle of their determination in law-governed ways, but also how minds are practically related to the objects of the physical world, one another, and ultimately God. (shrink)

Jackson says that the form of physicalism that I recommend, with certain emendations he believes are necessary, turns out to be none other than the “Australian” type-type identity theory of J.J.C. Smart and others. About this, too, I have no serious disagreement, although Jackson’s claim appears to depend, at least in part, on a certain chosen reading of the texts involved. In fact, one point of similarity may be worth noting. As I take it, one special feature of the “Australian” (...) type identity theory is the claim that mental-physical identities are contingent, not necessary. Suppose M has a single physical realizer, P. On my account, the statement that M = P is not metaphysically or logically necessary. It is contingent since the statement that P realizes M is contingent. This is so because for P to realize M is for it to fulfill the causal specification that defines M, and what causal relations P actually enters into is a question that depends on the laws prevailing in a given world. Thus, P may be a realizer of M in this world but perhaps not in another in which different laws hold; in some worlds M may have no realizers at all. None of this is in violation of the idea that identities are necessary. For, according to me, if M has realizers, M is a functional property defined by a causal specification. This means that “M” is not a rigid designator, though it is, as we might call it, “nomologically rigid” or “semi-rigid”. (shrink)

continent. 1.3 (2011): 149-155. The world is teeming. Anything can happen. John Cage, “Silence” 1 Autonomy means that although something is part of something else, or related to it in some way, it has its own “law” or “tendency” (Greek, nomos ). In their book on life sciences, Medawar and Medawar state, “Organs and tissues…are composed of cells which…have a high measure of autonomy.”2 Autonomy also has ethical and political valences. De Grazia writes, “In Kant's enormously influential moral philosophy, autonomy (...) , or freedom from the causal determinism of nature, became prominent in justifying the human use of animals.”3 One of the oldest uses of autonomy in English is a description of the French civil war from the late sixteenth century: “Others of the…rebellion entred in counsell, whether they ought to admit the King vpon reasonable conditions, specially hauing their autonomy.”4 Life, and in particular human life, and in particular human politics, is well served by the usages of autonomy . What about the rest of reality, however? Should it be thought of, if it's even considered real and mind-independent, as pure stuff for the manipulation or decorative tastes of truly autonomous beings? We tend to think of things such as paperweights and iPhones as mere tools of human design and human use. To use them is to cause them to exist as fully and properly as they can. But according to Martin Heidegger, when a tool such as a paperweight is used, it disappears, or withdraws ( Entzug ). We are preoccupied with copying the page that the paperweight is holding down. We are concerned with an essay deadline, and the paperweight simply disappears into this general project. If the paperweight slips, or if the iPhone freezes, we might notice it. All of a sudden it becomes vorhanden (present-at-hand) rather than zuhanden (ready-to-hand).5 Yet Heidegger is unable to draw a meaningful distinction between what happens to a paperweight when it slips from the book I'm copying from and what happens to the paperweight when it presses on the still resilient pages of the thick paperback itself. Further still and related to this point, even when I am using the paperweight as part of some general task, I am not using the entirety of the paperweight as such. My project itself selects a thin slice of paperweight-being for the purposes of holding down a book. Even when it is zuhanden the paperweight is withdrawn. Graham Harman is the architect of this way of thinking.6 Harman discovered a gigantic coral reef of withdrawn entities beneath the Heideggerian submarine of Da-sein, which itself is operating at an ontological depth way below the choppy surface of philosophy, beset by the winds of epistemology, and infested with the sharks of materialism, idealism, empiricism and most of the other isms that have defined what is and what isn't for the last several hundred years. At a moment when the term ontology was left alone like a piece of well chewed old chewing gum that no one wants to have anything to do with, object-oriented ontology (OOO) has put it back on the table. The coral reef isn't going anywhere and once you have discovered it, you can't un-discover it. And it seems to be teeming with strange facts. The first fact is that the entities in the reef—we call them “objects” somewhat provocatively—constitute all there is: from doughnuts to dogfish to the Dog Star to Dobermans to Snoop Dogg. People, plastic clothes pegs, piranhas and particles are all objects. And they are all pretty much the same, at this depth. There is not much of a distinction between life and non-life (as there isn't in contemporary life science). And there is not much of a distinction between intelligence and non-intelligence (as there is in contemporary artificial intelligence theory). A lot of these distinctions are made by humans, for humans (anthropocentrism). And the concept autonomy has come into play in policing such distinctions. In this essay I shall to try to liberate autonomy for the sake of nonhumans. I shall do so by parsing carefully the title, which is taken from Hakim Bey's work The Temporary Autonomous Zone .8 First we shall explore the term autonomous . Then we shall explore what the full meaning of zone is. Finally, we shall investigate what temporary means. Each of these terms is of great value. An object withdraws from access. This means that its very own parts can't access it. Since an object's parts can't fully express the object, the object is not reducible to its parts. OOO is anti-reductionist. But OOO is also anti-holist. An object can't be reduced to its “whole” either, “reduced upwards” as it were. The whole is not greater than the sum of its parts. So we have a strange irreductionist situation in which an object is reducible neither to its parts nor to its whole. A coral reef is made of coral, fish, seaweed, plankton and so on. But one of these things on its own doesn't embody part of a reef. Yet the reef just is an assemblage of these particular parts. You can't find a coral reef in a parking lot. In this way, the vibrant realness of a reef is kept safe both from its parts and from its whole. Moreover, the reef is safe from being mistaken for a parking lot. Objects can't be reduced to tiny Lego bricks such as atoms that can be reused in other things. Nor can be reduced upwards into instantiations of a global process. A coral reef is an expression of the biosphere or of evolution, yes; but so is this sentence, and we ought to be able to distinguish between coral reefs and sentences in English. The preceding facts go under the heading of undermining . Any attempt to undermine an object—in thought, or with a gun, or with heat, or with the ravages of time or global warming—will not get at the withdrawn essence of the object. By essence is meant something very different from essentialism . This is because essentialism depends upon some aspect of an object that OOO holds to be a mere appearance of that object, an appearance-for some object. This reduction to appearance holds even if that object for which the appearance occurs is the object itself! Even a coral reef can't grasp its essential coral reefness. In essentialism, a superficial appearance is taken for the essence of a thing, or of things in general. In thinking essentialism we may be able to discern another way of avoiding OOO. This is what Harman has christened overmining .? The overminer decides that some things are more real than others: say for example human perception. Then the overminer decides that other things are only granted realness status by somehow coming into the purview of the more real entity. When I measure a photon, when I see a coral reef, it becomes what it is. But when I measure a photon, I never measure the actual photon. Indeed, since at the quantum scale to measure means “to hit with a photon or an electron beam” (or whatever), measurement, perception ( aisthesis ), and doing become the same. What I “see” are deflections, tracks in a diffusion cloud chamber or interference patterns. Far from underwriting a world of pure illusion where the mind is king, quantum theory is one of the very first truly rigorous realisms, thinking its objects as irreducibly resistant to full comprehension, by anything.9 So far we have made objects safe from being swallowed up by larger objects and broken down into smaller objects—undermining. And so far we have made objects safe from being mere projections or reflections of some supervenient entity—overmining. That's quite a degree of autonomy. Everything in the coral reef, from the fish to a single coral lifeform to a tiny plankton, is autonomous. But so is the coral reef itself. So are the heads of the coral, a community of tiny polyps. So is each individual head. Each object is like one of Leibniz's monads, in that each one contains a potentially infinite regress of other objects; and around each object, there is a potentially infinite progress of objects, as numerous multiverse theories are now also arguing. But the infinity, the uncountability, is more radical than Leibniz, since there is nothing stopping a group of objects from being an object, just as a coral reef is something like a society of corals. Each object is “a little world made cunningly” (John Donne).10 We are indeed approaching something like the political valance of autonomy . The existence of an object is irreducibly a matter of coexistence. Objects contain other objects, and are contained “in” other objects. Let us, however, explore further the ramifications of the autonomy of objects. We will see that this mereological approach (based on the study of parts) only gets at part of the astonishing autonomy of things. Yet there are some more things to be said about mereology before we move on. Consider the fact that since objects can't be undermined or overmined, it means that there is strictly no bottom object . There is no object to which all other objects can be reduced, so that we can say everything we want to say about them, hypothetically at least, based on the behavior of the bottom object. The idea that we could is roughly E.O Wilson's theory of consilience .11 Likewise, there is no object from which all things can be produced, no top object . Objects are not emanations from some primordial One or from a prime mover. There might be a god, or gods. Suppose there were. In an OOO universe even a god would not know the essential ins and outs of a piece of coral. Unlike even some forms of atheism, the existence of god (or nonexistence) doesn't matter very much for OOO. If you really want to be an atheist, you might consider giving OOO a spin. If there is no top object and no bottom object, neither is there a middle object . That is, there is no such thing as a space, or time, “in” which objects float. There is no environment distinct from objects. There is no Nature (I capitalize the word to reinforce a sense of its deceptive artificiality). There is no world, if by world we mean a kind of “rope” that connects things together.12 All such connections must be emergent properties of objects themselves. And this of course is well in line with post-Einsteinian physics, in which spacetime just is the product of objects, and which may even be an emergent property of a certain scale of object larger than 10?¹?cm).13 Objects don't sit in a box of space or time. It's the other way around: space and time emanate from objects. How does this happen? OOO tries to produce an explanation from objects themselves. Indeed, the ideal situation would be to rely on just one single object. Otherwise we are stuck with a reality in which objects require other entities to function, which would result in some kind of undermining or overmining. We shall see that we have all the fuel we need “inside” one object to have time and space, and even causality. We shall discover that rather than being some kind of machinery or operating system that underlies objects, causality itself is a phenomenon that floats ontologically “in front of” them. In so doing, we will move from the notion of autonomy and begin approaching a full exploration of the notion of zone , which was promised at the outset of this essay. Since an object is withdrawn, even “from itself,” it is a self-contradictory being. It is itself and not-itself, or in a slightly more expanded version, there is a rift between essence and appearance within an object (as well as “between” them). This rift can't be the same as the clichéd split between substance and accidents , which is the default ontology. On this view, things are like somewhat boring cupcakes with somewhat less boring sugar sprinkles on them of different colors and shapes. But on the OOO view, what is called substance is just another limited slice of an object, a way of apprehending something that is ontologically fathoms deeper. What is called substance and what is called accidence are just on the side of what this essay calls appearance. The rift (Greek, chorismos ) between essence and appearance means that an object presents us with something like what in logic is known as the Liar: some version of the sentence “This sentence is false.” The sentence is true, which means that it is a lie, which means that it is false. Or the sentence is false, which means that it is telling the truth, which means that it is true. Now logic since Aristotle has tried desperately to quarantine such beasts in small backwaters and side streets so that they don't act too provocatively.14 But if OOO holds, then at least one very significant thing in the universe is both itself and not-itself: the object. An object is p ? ¬p. To cope with this fact, we shall need some kind of paraconsistent or even fully dialetheic logic, one that is not allergic to dialetheias (double-truthed things). Yet if we accept that objects are dialetheic, p ? ¬p, we can derive all kinds of things easily from objects. Consider the fact of motion. If objects only occupy one location “in” space at any “one” time, then Zeno's paradoxes will apply to trying to think how an object moves. Yet motion seems like a basic, simple fact of our world. Either everything is just an illusion and nothing really moves at all (Parmenides). Or objects are here and not-here “at the same time.”15 This latter possibility provides the basic setup for all the motion we could wish for. Objects are not “in” time and space. Rather, they “time” (a verb) and “space.” They produce time and space. It would be better to think these verbs as intransitive rather than transitive, in the manner of dance or revolt . They emanate from objects, yet they are not the object. “How can we know the dancer from the dance?” (Yeats).16 The point being, that for there to be a question, there must be a distinction—or there must not be (p ? ¬p).17 It becomes impossible to tell: “What constitutes pretense is that, in the end, you don't know whether it's pretense or not.”18 In this notion of the emergence of time and space from an object we can begin to understand the term zone . Zone can mean belt , something that winds around something else. We talk of temperate zones and war zones. A zone is a place where a certain action is taking place: the zone winds around, it radiates heat, bullets fly, armies are defeated. To speak of an autonomous zone is to speak of a place that a certain political act has carved out of some other entity. Cynically, Tibet is called TAR, the Tibetan Autonomous Region, for this very reason. In this phrase, Region tries to emulate zone : it sounds as if the place has its own rules, but of course, it is very much under the control of China. What action is taking place? “[N]ot something that just is what it is, here and now, without mystery, but something like a quest…a tone on its way calling forth echoes and responses…water seeking its liquidity in the sunlight rippling across the cypresses in the back of the garden.”19 If as suggested earlier there is no functional difference between substance and accidence; if there is no difference between perceiving and doing; if there is no real difference between sentience and non-sentience—then causality itself is a strange, ultimately nonlocal aesthetic phenomenon. A phenomenon, moreover, that emanates from objects themselves, wavering in front of them like the astonishingly beautiful real illusion conjured in this quotation of Alphonso Lingis. Lingis's sentence does what it says, casting a compelling, mysterious spell, the spell of causality, like a demonic force field. A real illusion: if we knew it was an illusion, if it were just an illusion, it would cease to waver. It would not be an illusion at all. We would be in the real of noncontradiction. Since it is like an illusion, we can never be sure: “What constitutes pretense…” A zone is what Lingis calls a level . A zone is not entirely a matter of “free will”: this concept has already beaten down most objects into abject submission. Objects are far more threateningly autonomous, and sensually autonomous, than the Kantian version of autonomy cited in the first paragraph of this essay. A zone is not studiously decided upon by an earnest committee before it goes into action. One of its predominant features is that it is already happening . We find ourselves in it, all of a sudden, in the late afternoon as the shadows lengthen around a city square, giving rise to an uncanny sensation of having been here before. Objects emit zones. Wherever I find myself a zone is already happening, an autonomous zone. It is the nonautonomous zones that are impositions on what is already the case. Or rather, these zones are autonomous zones that exclude and police. They are brittle. Every object is autonomous, but some objects try to maintain themselves through rigidity and brittleness, like (and such as) a police state. Paradoxically, the more rigidly one tries to exclude contradiction, the more virulent become the dialetheias that are possible. I can get around “This sentence is false” by imagining that there are metalanguages that explain what counts as a sentence. Then I can decide that this isn't a real sentence. This is basically Alfred Tarski's strategy, since he invented the notion of metalanguage specifically to cope with dialetheias.20 For example we might claim that sentences such as “This sentence is false” are neither true nor false. But then you can imagine a strengthened version of the Liar such as: “This sentence is not true”; or “This sentence is neither true nor false.” And we can go on adding to the strengthened Liar if the counter-attack tries to build immunity by specifying some fourth thing that a sentence can be besides true, false, and neither true nor false: “This sentence is false, or neither true nor false, or the fourth thing.” And so on.21 It seems as if language becomes more brittle the more it tries to police the Liars of this world. Why? I believe that this increasing brittleness is a symptom of a deep fact about reality. What is this deep fact? Simply that there are objects, that these objects are withdrawn, and that they are walking contradictions. This means indeed that (as Lacan put it) “there is no metalanguage,” since a metalanguage would function as a “middle object” that gave coherency and evenness to the others.22 Since there is no metalanguage, there is no rising above the disturbing illusory play of causality. This may even have political implications: no global critique is therefore possible, and attempts to smooth out or totalize are doomed to fail. To think the zone is to think the notion of temporary , which we shall now begin to discuss in greater detail. The zone is not in time: rather it “times.” But because a zone is an emanation of an object, it is based on a wavering fragility, since objects are p ? ¬p. When an object is born, that means that it has broken free of some other object. An object can be born because it and other objects are fragile. If not, no movement would be possible. Objects contain the seeds of their own destruction, a dialetheic sentence that says something like “This sentence cannot be proved.” Kurt Gödel argues that every true system of propositions contains at least one sentence that the system cannot prove. In order to be true, the system must have a minimum incoherence. To be real, it has to be fragile. Imagine a record player. Now imagine a record called I Cannot Be Played on This Record Player . When you play it on this record player, it produces sympathetic vibrations that cause the record player to shudder apart. No matter how many defense mechanisms you build in, there will always be the possibility of at least one record that destroys the record player.23 That is what being physical is. An object is inherently fragile because it is both itself and not-itself. When the rift between appearance and essence collapses, that is called destruction, ending, death. When an object breaks, several new objects are born. An opera singer sings a loud note in tune with the resonant frequency of a wine glass. (See the movie included below.) The singing is a zone, an autonomous level of intensity, opening a rift between appearance and essence. The glass ripples—for a moment it is nakedly a glass and a not-glass—almost as if it were having an orgasm, a little death. It is caught in the rift of the singing. Then its structure can't handle the coherence of the sound waves, and it breaks. It is incoherence and inconsistency that is the mark of existence, not consistency and noncontradiction. When things break or die, they become coherent. Essence disappears into appearance. I become the memories of friends. A glass becomes a dancing wave. Instantly, there are glass fragments, new temporary autonomous zones. The fragments have broken free from the glass. They are no longer its parts, but emanate their own time and space, becoming perhaps accidental weapons as they bury themselves in my flesh. Thus Hakim Bey's instructions on creating temporary autonomous zones oscillate disturbingly between performance art and politics, circus clowning and revolution. To play with the aesthetic is to play with causality, to rip from the sensual ether emanating from things new regions, new zones. Anarchist politics is the creation of fresh objects in a reality without a top or a bottom object, or for that matter a middle object: Everything in nature is perfectly real including consciousness, there's absolutely nothing to worry about. Not only have the chains of the Law been broken, they never existed; demons never guarded the stars, the Empire never got started, Eros never grew a beard. … There is no becoming, no revolution, no struggle, no path; already you're the monarch of your own skin—your inviolable freedom waits to be completed only by the love of other monarchs: a politics of dream, urgent as the blueness of sky.24 Bey imagines that this is because chaos is a primordial “undifferentiated oneness-of-being.” A Parmenides or a Spinoza or a Laruelle would read this a certain way. Individual objects, or decisions to talk about this rather than that, are just maggot-like things crawling around on the surface of the giant cheese of oneness.25 Yet he also describes chaos as “Primordial uncarved block, sole worshipful monster, inert & spontaneous, more ultraviolet than any mythology.” This image is of an inconsistent object, not of an undifferentiated field. An object, indeed, that can be distinguished from other things. If not, then the first part of The Temporary Autonomous Zone , subtitled “The Broadsheets of Ontological Anarchism,” is a kind of onto-theology. Onto-theology proclaims that some things are more real than others. Bey, however, is writing poetically, and thus ambiguously. We are at liberty to read “undifferentiated oneness-of-being” as something like the irreducibility of a thing to its parts and so forth (undermining and overmining). This certainly seems closer to the language in the following paragraph: “There is no becoming … already you're the monarch of your own skin.”26 On this view, there is no difference between art and politics: “When ugliness, poor design & stupid waste are forced upon you, turn Luddite, throw your shoe in the works, retaliate.” Since Romanticism this has been the war cry of the vanguard artist.27 To say to is to fall prey to the tired axioms of the avant-garde, and we think we know how the game goes. But OOO is not simply a way to advocate “new and improved” versions of this shock-the-bourgeoisie boredom. Bey's text is certainly full enough of that. Rather, since causality as such is aesthetic, and since nonhumans are not that different from humans, the new approach would be to form aesthetic–causal alliances with nonhumans. These alliances would have to resist becoming brittle, whether that brittleness is right wing (authoritarianism) or left wing (the endless maze of critique). No “ism,” especially not the ultimate forms, nihilism and cynicism, is in any sense effective at this point. All forms of brittleness are based on the mistaken assumption that there is a metalanguage and that therefore “Anything you can do, I can do meta.” I will not be listing any approaches here, as Bey does. Such lists and manifestos belong to the vanguardism that no longer works. Why? Not because of some marvelous revolution in human consciousness, but because nonhumans have so successfully impinged upon human social, psychic and aesthetic space. It is the time after the end of the world. That happened in 1945, when a thin layer of radioactive materials was deposited in Earth's crust. Geology now calls it this era the Anthropocene . Ironically, this period, named after humans, is the moment at which even the most thick headed of us make decisive contact with nonhumans, from mercury in our blood to manta rays to magnesium. Richard Dawkins, Pat Robertson and Lady Gaga all have to deal with global warming and mass extinction, somehow. We now live in an Age of Asymmetry marked by a skewed, spiraling relationship between vast knowledge and vast nonhuman things—both become vaster and vaster because of one another and for the same reasons.28 This means that coming up with the perfect attitude or the perfect aesthetic prescription just won't work any more. Even the most hardened anthropocentrist now has to pay through the nose for basic food supplies, and has to use more sunscreen. Whether he knows it or acknowledges it, he is already acting with regard towards nonhumans. There is nothing special to think, no special critique that will get rid of the stains of coexistence. The problem won't fit into the well-established modern boxes, which is why the “mystical,” “spiritual” quality of Bey's prose is welcome. Of course, when I put it this way, you may immediately close off and decide that I am talking about perfect attitudes after all, or something outside of politics, or other ways that the radical left marshals to police its thinking of the nonhuman. Because that is what is really at stake in all this: the nonhuman in its coexistence with the human—bosons, gods, clouds, spirits, lifeforms, experiences, the sunlight rippling across the cypresses. Bey begins to get at this in a Latour litany in the second part of The Temporary Autonomous Zone , “The Assassins”: Pomegranate, mulberry, persimmon, the erotic melancholy of cypresses, membrane-pink shirazi roses, braziers of meccan aloes & benzoin, stiff shafts of ottoman tulips, carpets spread like make-believe gardens on actual lawns—a pavilion set with a mosaic of calligrammes—a willow, a stream with watercress—a fountain crystalled underneath with geometry— the metaphysical scandal of bathing odalisques, of wet brown cupbearers hide-&-seeking in the foliage—“water, greenery, beautiful faces.”29 This will be conveniently dismissed as orientalism. If we're never allowed to escape the crumbling prison of modernity for fear of imperialism there is truly no hope. In a similar way, the fear of anthropocentrism and anthropomorphism is very often staged from a place that just is anthropocentrism .30 Critique turns into ressentiment . An object radiates a zone that is aesthetic and therefore causal. Because objects “time” they are temporary. Not because they exist “in” time that eventually gets the better of them. Their very existence implies the possibility of their non-existence. Since objects are not consistent, they can cease to exist. But nothing, no one, will ever be able to insert a blade between appearance and existence, even thought there is a rift there. Now that's what I call autonomy. NOTES 1. John Cage, Silence: Lectures and Writings (Middletown, CT: Wesleyan University Press, 1973), 96. 2. P. B. Medawar and J. S. Medawar, The Life Science: Current Ideas in Biology (London: Wildwood House, 1977), 8. 3. David DeGrazia, Animal Rights: A Very Short Introduction (Oxford: Oxford University Press, 2002), 5. 4. Antony Colynet, A True History of the Civil Warres in France (London, 1591), 480. 5. Martin Heidegger, Being and Time , tr. Joan Stambaugh (Albany, N.Y: State University of New York Press, 1996) 62–71. 6. Graham Harman, Tool-Being: Heidegger and the Metaphysics of Objects (Peru, IL: Open Court, 2002). 7. Hakim Bey, The Temporary Autonomous Zone (Brooklyn: Autonomedia, 1991). 8. Graham Harman, The Quadruple Object (Ripley: Zero Books, 2011), 7–18. 9. This is not the place to get into an argument about quantum theory, but I have argued that quanta also do not endorse a world that I can't speak about because it is only real when measured. This world is that of the reigning Standard Model proposed by Niels Bohr and challenged by De Broglie and Bohm (and now the cosmologist Valentini, among others). See Timothy Morton, “Here Comes Everything: The Promise of Object-Oriented Ontology,” Qui Parle 19.2 (Spring–Summer, 2011), 163–190. 10. John Donne, Holy Sonnets 15, in The Major Works: Including Songs and Sonnets and Sermons , ed. John Carey (Oxford: Oxford University Press, 2009). 11. Edward O. Wilson, Consilience: The Unity of Knowledge (New York: Knopf, 1998). 12. Martin Heidegger, What Is a Thing? (Washington: Regnery, 1968), 243. 13. Albert Einstein, Relativity: The Special and the General Theory (London: Penguin, 2006); Petr Horava, “Quantum Gravity at a Lifshitz Point,” arXiv:0901.3775v2 [hep-th]. 14. Graham Priest, In Contradiction (Oxford University Press, 2006), passim: the most notable recent quarantine officers have been Tarski, Russell, and Frege. 15. Priest, In Contradiction , 172–181. 16. William Butler Yeats, “Among School Children,” Collected Poems , ed. Richard J. Finneran (New York: Scribner, 1996). 17. Paul de Man, “Semiology and Rhetoric,” Diacritics 3.3 (Autumn, 1973), 27–33 (30). 18. Jacques Lacan, Le seminaire, Livre III: Les psychoses (Paris: Editions de Seuil, 1981), 48. See Slavoj Zizek, The Parallax View (Cambridge, Mass.: MIT Press, 2006), 206. 19. Alphonso Lingis, The Imperative (Bloomington: Indiana University Press, 1998), 29. 20. Priest, In Contradiction , 9–27. 21. See Graham Priest and Francesco Berto, “ Dialetheism ,” The Stanford Encyclopedia of Philosophy (Summer 2010 Edition), ed. Edward N. Zalta. 22. Jacques Lacan, Écrits: A Selection , tr. Alan Sheridan (London: Tavistock, 1977), 311. 23. The analogy can be found at length in Douglas Hofstadter, “Contracrostipunctus,” Gödel, Escher, Bach: An Eternal Golden Braid (New York: Basic Books, 1999), 75–81. 24. Bey, “ Chaos: The Broadsheets of Ontological Anarchism ,” Temporary Autonomous Zone . 25. This is closest to the language of François Laruelle in Philosophies of Difference: A Critical Introduction to Non-Philosophy (New York: Continuum, 2011) 179. 26. Bey, “ Chaos: The Broadsheets of Ontological Anarchism ,” Temporary Autonomous Zone . 27. Peter Bürger, Theory of the Avant Garde (Minneapolis: University of Minnesota Press, 1984). 28. For further discussion see Timothy Morton, “From Modernity to the Anthropocene: Ecology and Art in the Age of Asymmetry,” The International Social Science Journal 209 (forthcoming). 29. Bey, “ The Assassins ,” Temporary Autonomous Zone . 30. Timothy Morton, The Ecological Thought (Cambridge, Mass.: Harvard University Press, 2010), 75–76. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The article explores the idea that according to Spinoza finite thought and substantial thought represent reality in different ways. It challenges “acosmic” readings of Spinoza's metaphysics, put forth by readers like Hegel, according to which only an infinite, undifferentiated substance genuinely exists, and all representations of finite things are illusory. Such representations essentially involve negation with respect to a more general kind. The article shows that several common responses to the charge of acosmism fail. It then argues that we must (...) distinguish the well-founded ideality of representations of finite things from mere illusoriness, insofar as for Spinoza we can have true knowledge of what is known only abstractly. Finite things can be seen as well-founded beings of reason. The article also proposes that within Spinoza's framework it is possible to represent a finite thing without drawing on representations of mind-dependent entities. (shrink)

According to what might be described as ‘humanist’ approaches to epistemology, the fundamental task of epistemology is to investigate the nature, scope and origins of human knowledge. Evidently, what we can know depends upon the nature of our cognitive faculties, including our senses and our understanding. Since there may be significant differences between human cognitive faculties and those of other beings, it would seem that an investigation of the nature, scope and origins of human knowledge must therefore concern itself, in (...) the first instance, with uncovering the structure and operations of the human cognitive apparatus. The most influential versions of humanism in epistemology have also been inclined to insist both that it is contingent that our cognitive faculties are as they are, and that an investigation of these faculties must be largely empirical. An empirical investigation is to be understood, very roughly, as one which relies upon observation and experiment, and to describe such an investigation as naturalistic is to draw attention to the fact that it is presupposed by humanism that the faculties being investigated are a part of the natural world, the world of space, time and causal law. (shrink)

According to what might be described as ‘humanist’ approaches to epistemology, the fundamental task of epistemology is to investigate the nature, scope and origins of human knowledge. Evidently, what we can know depends upon the nature of our cognitive faculties, including our senses and our understanding. Since there may be significant differences between human cognitive faculties and those of other beings, it would seem that an investigation of the nature, scope and origins of human knowledge must therefore concern itself, in (...) the first instance, with uncovering the structure and operations of the human cognitive apparatus. The most influential versions of humanism in epistemology have also been inclined to insist both that it is contingent that our cognitive faculties are as they are, and that an investigation of these faculties must be largely empirical. An empirical investigation is to be understood, very roughly, as one which relies upon observation and experiment, and to describe such an investigation as naturalistic is to draw attention to the fact that it is presupposed by humanism that the faculties being investigated are a part of the natural world, the world of space, time and causal law. (shrink)

Essential for the concept of the law of nature is not only spatio-temporal universality, but also functionality in the sense of the dependency on physical conditions of natural entities. In the following it is explained in detail that just the neglect of this functional property is to be understood as the real reason for the occurrence of the Goodman paradox – with the consequence, that the behavior of things seems to be completely at the mercy of change of unique unrepeatable (...) temporal points. It is exactly this (mis-)understanding that also generated the induction problem. From the intrinsic connection between universality and functionality, however, – that is my claim – the ontological consequence of a nature results, for which lawfulness is coupled to essentially functionally defined time sequences, thereby implying a potentiality dimension of nature, too. (shrink)

The purpose of the article is to present an interpretation in the light of which one can read a characteristic aspect of the understanding of being in Presocratic philosophy. The starting point is to emphasize the idea of ​​a place within the etymology of the verb “be”: “to be” generally means ‘to be in the world’. Then the world is characterized as something _implicite_ existing (i.e. beyond the human mind) and having a “second plane”: order hidden behind phenomena. Attempts (...) to understand it were called investigations into the nature (of “things”), which meant the real foundation of the world and its active source – something that internally constitutes all sensual objects, providing building materials, structures and laws of development. Against this background (interpretive context), the understanding of being is defined as an element of nature – something identifiable in a distributive way and always in connection with (dependent) with self-contained nature. This element can be understood in two ways: as an object accessible to the senses taken together with the constituting nature, e.g. concrete tree, or the very internal nature, e.g. fire (Heraclitus) or four basic elements (Empedocles) from which sensual objects originate or consist. (shrink)

Love, fear, hope, calculus, and game shows-how do all these spring from a few delicate pounds of meat? Neurophysiologist Ian Glynn lays the foundation for answering this question in his expansive An Anatomy of Thought, but stops short of committing to one particular theory. The book is a pleasant challenge, presenting the reader with the latest research and thinking about neuroscience and how it relates to various models of consciousness. Combining the aim of a textbook with the style of a (...) popularization, it provides all the lay reader needs to know to participate in the philosophical debate that is redefining our attitudes about our minds. Drawing on the rich history of neurological case studies, Glynn picks through the building blocks of our nervous system, examines our visual and linguistic systems, and probes deeply into our higher thought processes. The stories of great scientists, like Ramon y Cajal, and famous patients, like Sperry's split-brained epileptics, illuminate the scientific issues Glynn selects as essential for understanding consciousness. Some might argue that his lengthy explorations of natural selection overemphasize evolutionary explanations of psychological phenomena, but they must also agree that evolutionary psychology has distanced itself mightily from social Darwinism in recent years and merits a reappraisal. The great consciousness debate may form the core of the 21st-century Zeitgeist; get ready for it with An Anatomy of Thought. -Rob Lightner From Publishers Weekly How do we know? What do we think? How could a philosophical problem-'the mind-body problem,' say-induce a headache? What can evolutionary theory, molecular biology, the history of medicine and experimental psychology tell us about the features of human consciousness, and (once again) how do we know? Glynn, a physician and Cambridge University professor, meticulously attempts to answer these questions and more, setting forth the results of all sorts of research relevant to our brains-from 19th-century dissections to Oliver Sacks-like case studies, work with monkeys and supercomputers, and the enduring puzzles of philosophy, which he rightly saves for near the end. After explaining evolution by natural selection and 'clearing away much dross,' Glynn lays out the experiments and theories that have shown 'how nerve cells can carry information about the body, how they can interact' and how sense organs work; demonstrates the 'mixture of parallel and hierarchical organization' in our brains and 'the striking localization of function within it'; considers where neuroscience is likely to go; and admits that, among the many fields of exciting research just ahead, 'we can be least confident of progress toward a complete, scientific explanation of our sensations and thoughts and feelings.' Other recent explaining-the-brain books have sometimes advanced simplistic, or implausibly grand, claims about the nature and features of consciousness in general. Instead, Glynn offers a patient, informative, well-laid-out researcher's-eye view of what we have learned, how we figured it out and what we still don't know about neurons, senses, feelings, brains and minds. (Apr.) Copyright 2000 Reed Business Information, Inc. From Library Journal The nature of consciousness, which perennially troubles the minds of scientists and philosophers, is the subject of an ever-growing body of literature. Two of the latest entries approach the topic from different perspectives. Glynn, a professor of physiology and head of the Physiological Laboratory at Cambridge, offers a comprehensive summary of what we know about the brain-both its evolution and its mechanisms. Among the topics he covers are natural selection, molecular evolution, nerves and the nervous system, sensory perception, and the specific structures responsible for our intellect. Using the mechanisms involved in vision and speech as models, Glynn skillfully describes various neurological deficiencies that can lead to 'disordered seeing' and problems with the use of language. He carefully distinguishes what we know through experimental evidence from what we know through the observation of patients with neurological damage. He also describes some of the major theories that attempt to explain why these structures arose. While his book concentrates on the structures that make up the mind, Glynn is well aware that some physical events appear explicable only in terms of conscious mental events-a situation that conflicts with the laws of modern physics. Only briefly, however, does he consider the various approaches that have been taken to deal with the issues of mind/body and free will. In contrast, this is the primary focus of The Physics of Consciousness. After reviewing the fundamentals of classic physics, Walker (who has a Ph.D. in physics) summarizes elements of the new physics in which our knowledge of space, time, matter, and energy are all dependent on the moment of observation. Walker explores the meaning of consciousness as a characteristic of the observer. In this context both the observer and the act of measurement are critical. In essence, Walker leads his reader on a journey through his concept of a 'quantum mind,' which can both affect matter (including other minds) and can be affected by other distant matter/minds. To break up what would otherwise be an extremely dense text, Walker also relates the very touching story of the loss of his high-school sweetheart to leukemia. Indeed, it is his memory of their relationship that drives Walker to seek an understanding of ultimate reality. At times, he has a tendency to be dogmatic-as when he concludes, 'our consciousness, our mind, and the will of God are the same mind.' While An Anatomy of Thought is appropriate for most academic libraries, the Physics of Consciousness will be most accessible to readers with some knowledge of advanced physics. -Laurie Bartolini, Illinois State Lib., Springfield Copyright 2000 Reed Business Information, Inc. From Booklist The codiscoverers of natural selection-Charles Darwin and Alfred Wallace-disagreed over the possibility of finding an evolutionary explanation for the human mind. Glynn here argues Darwin's side of the debate, tracing an eons-long path of development starting from simple amino acids floating in primal seas and extending through the erect hominids in which the powers of a massive brain first manifest themselves. Patiently adducing evidence of an evolutionary origin for the underlying molecular machinery, Glynn dissects the nerve centers that make possible speech and hearing, sight, and reading. Pressing deeper, he lays bare the cortical foundations of personality. But those who deal with the mind must attend also to the arguments advanced by philosophers. And it is when he turns from dendrites to syllogisms (especially the vexing mind-body paradox) that Glynn's empirical reasoning fails him. In the end, he concedes his perplexity in trying to conceive of an evolutionary origin for human consciousness. This concession may set the shade of Alfred Wallace to chortling, but it will draw readers into an honest confrontation with a profound enigma. Bryce Christensen. (shrink)

NRP is a family of views differing by how they understand “reduction” and “physicalism.” Following Kim I understand the non-reduction as holding that some events and properties are distinct from any physical events and properties. A necessary condition for physicalism is that mental properties, events, and laws supervene on physical ones. Kim allows various understandings of “supervenience” but I think that physicalism requires at least the claim that any minimal physical duplicate of the actual world is a duplicate simpliciter. Some (...) complications aside this means that true mental propositions, e.g. Jaegwon is thinking about sailing, are metaphysically entailed by true physical propositions. Kim says that supervenience is too weak to capture the root idea of physicalism that mental property instantiations depend on physical property instantiations so he adds that the mental depends on the physical. One way in which this dependance might be spelled out is that mental properties are higher order functional properties whose instantiations are realized by instantiations of physical properties. An event is an instantiation of a property by an individual and a time. A mental event is the instantiation of a mental property. Not every predicate expresses a genuine property. Kim further suggests that properties are individuated, at least partly, by nomological and causal relations. For physicalism to have content something must be said about the difficult issue of characterizing the physical. Kim’s view seems to be that the micro-physical properties of ideal physics are physical. He also counts as physical properties that are conjunctions and aggregates of micro-physical properties and higher level properties defined over lower-level physical properties.. Since these latter two classes of properties supervene on the micro-properties and laws there is no need to include them in the supervenience base. (shrink)

Suppose that unobtanium-346 is a rare radioactive isotope. Consider: (1) Every Un346 atom, at its creation, decays within 7 microseconds (µs). (50%) Every Un346 atom, at its creation, has a 50% chance of decaying within 7µs. (1) and (50%) can be true together, but (1) and (50%) cannot together be laws of nature. Indeed, (50%)'s mere (non-vacuous) truth logically precludes (1)'s lawhood. A satisfactory analysis of chance and lawhood should nicely account for this relation. I shall argue first that David (...) Lewis's Humean picture accounts for this relation only by inserting this relation ‘by hand’. Next, I shall argue that this relation between law and chance also threatens a radically non-Humean picture of laws and chances. Finally, I shall offer an account of natural law that nicely explains the relation between chancy facts and deterministic laws. This explanation is not ad hoc because it derives the relation from the very same features of lawhood that account for the laws' special relation to counterfactuals and explain how the laws (unlike the accidents) possess a variety of necessity. The reason that a chancy fact such as (50%) keeps (1) from being a law, without keeping (1) from being true, is ultimately that a chancy fact constrains the subjunctive facts and (1)'s lawhood, unlike (1)'s truth, depends upon the subjunctive facts. (shrink)

A theory of temporal passage is put forward which is "objective" in the sense that time flow characterizes the universe independently of the existence of conscious beings. The theory differs from Grunbaum's "mind-dependence" theory, and is designed to avoid Grunbaum's criticisms of an earlier theory of Reichenbach's. The representation of temporal becoming is accomplished by the introduction of indeterministic universe-models; each model representing the universe at a time. The models depict the past as a single four-dimensional manifold, and the (...) future as a branched structure of such manifolds. Time flow is relativistic in that it manifests itself in a frame-dependent (but not observer-dependent) way. The indeterministic character of the universe-models is mirrored in a "temporal" theory of truth which rejects the principle of bivalence, and suitable semantics are provided for this theory. Finally, an account of physical law is given which defines it in terms of physical possibility, rather than vice versa. (shrink)

In this article I consider a certain characteristic of our times as a “secular age,” namely, a series of complications in our understanding of transgression. Transgression implies the presence of some rules and laws which can be violated. As long as the rules and laws are perceived as right, as a way of protecting the values which would otherwise perish, transgression appears to be a wrong thing to do, a misdeed, a criminal act. Needless to say, the very conceptual structure (...) makes sense only provided that the distinctions between right and wrong, good and evil, lawful and lawless are not arbitrary, which, in turn, depends on the presence of the concept of truth. In the secular age, though, the concept of truth becomes not only difficult to handle, since it is incompatible with the modern frame of mind, but also assumes some derogatory connotations, up to the point when to insist on the distinction between (truly) right and (truly) wrong is in itself a wrong thing to do. That is the state of contemporary societies which G. K. Chesterton examines in his work Heretics. The effect of Chesterton’s reflections is a new map of right/wrong, good/evil, lawless/lawful permutations. After Chesterton, I comment on the character of a new heretic, one for whom transgression, understood as the attack on buried-for-long orthodoxy, is too easy a thing to do. To illustrate the mentioned changes of perspective, I refer to an exemplary criminal figure of the West, that is, the biblical serpent, and its criticism. (shrink)

This paper compares Kant’s and Leibniz’s views on the relation between knowing subjects and known objects. Kant discusses Leibniz’s philosophy in the ‘Amphiboly’ section of the first Critique. According to Kant, Leibniz’s main error is mistaking objects in space and time for mind-independent things in themselves, that is, for monads. The paper argues that, pace Kant, Leibniz regards objects in space and time as mind-dependent. A deeper divergence between the two philosophers concerns knowing subjects. For Leibniz, they (...) are substances. For Kant, we cannot know whether they are substances. Kant conceives of knowing subjects as complex systems of cognitive capacities. (shrink)

Chapter 1 serves as an introduction to the vast topic of laws of nature. Thus, it first outlines the alleged characteristics of the laws of nature, namely truth, objectivity, contingency, necessity, universality, grounding counterfactuals and their role in science. Among these aspects, the peculiar modal status of laws of nature will be identified as the ‘holy grail’ of the debate. The second part of this chapter is concerned with the three main families of theories of laws of nature – neo-humean, (...) ADT and dispositional theories – which are introduced and evaluated in regard to the aforementioned characteristics. It will then be argued that among those theories, the dispositional ones show the greatest promise of being able to account for the natural necessity of the laws of nature. -/- Before a dispositional account of laws of nature can be given, dispositions themselves need to be understood. Consequently, Chapter 2 introduces various analyses of dispositions. As dispositions are pre-theoretically close to conditionals, a lot of analyses try to reduce dispositions to conditionals. This chapter critically assesses some chosen accounts: the simple conditional analysis, Carnap’s reduction sentences, the simple counterfactual conditional analysis, Lewis’ reformed conditional analysis, Malzkorn’s sophisticated con- ditional analysis, Choi and Gundersen’s context-dependent analysis, Manley and Wasserman’s gradable dispostion ascriptions, and Fara’s habituals. The prevention problem, which poses a threat to any account of dispositions, is depicted. It is argued that, ultimately, none of the conditionalising attempts is able to convince since they all exclude the problem cases which leads to explanation gaps and outlaw areas. -/- Chapter 3 contains the synchronic part of my preferred solution to the prevention problem. The notion of ‘component causes’ is introduced, and the ontological status of components discussed. Millikan’s oil drop experiment is depicted en detail. In a first step, making a distinction between dispositions and the resulting behaviour is advocated. Via the symmetry argument, mani- festations and masks are shown to be ontologically on a par. In a second step, a triadic account consisting of dispositions, wirkungen and resultant behaviour, is established. Finally, the ontological interpretation of the trias is given. It is in the nature of the dispositions to bring about the wirkungen. These interact via combinations rules like the functions f and fa or vector addition, which are built-in into to dispositions. -/- The diachronic part of my favourite interpretation, the triadic process picture of dispositions (TPD), is presented in chapter 4. The dynamics of dispo- sition manifestation are discussed and it is argued that fiddling with the trigger works only up to a certain point. Diachronic masking cases turn out to be no- torious. An excursus to action theory shows that the ontology needs to include processes, as understanding disposition manifestations as processes solves the diachronic prevention problem. The (TPD) can account for all counterexamples by taking the stimulus as the beginning of the manifestation process. -/- Chapter 5 applies the (TPD) to the debate about laws of nature. In order to judge its adequacy, the characteristics of laws of nature given in chapter 1 are consulted. As a first step, the criteria truth, objectivity, universality, grounding counterfactuals and their role in science are covered. It is sketched how the (TPD) can account for these. The second part of the chapter deals with the modal status of the laws of nature. The dispositional essentialist’s view that laws of nature are metaphysical necessary is depicted and then criticised. It is argued that metaphysical necessity is not the appropriate modal status of the laws of nature. Finally, the (TPD) account of the necessity of the laws of nature is presented: laws of nature are naturally necessary and metaphysically contingent. (shrink)

A distinction is made between the indexicality theme and the elapsive theme. The first theme is concerned with the question of whether nowness and other irreducibly indexical A-determinations are mind-dependent or not. It is argued that there are no such A-determinations, within or outside of mind. The second, elapsive theme, which is often not distinguished from the first, deals with whether or not non-indexical felt transiency or elapsiveness is mind-dependent. Four arguments for the mind-dependence (...) of "temporal becoming" are assessed as they apply to these two kinds of temporal becoming. (shrink)

A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of being (...) normative that it cannot account for, it is an error to suppose that law is normative in any of those ways. (shrink)

In New Essays on Human Understanding, book II, chapter xxi Leibniz presents an interesting picture of the human mind as not only populated by perceptions, volitions and appetitions, but also by endeavours. The endeavours in question can be divided to entelechy and effort; Leibniz calls entelechy as primitive active forces and efforts as derivative forces. The entelechy, understood as primitive active force is to be equated with a substantial form, as Leibniz says: “When an entelechy – i.e. a primary (...) or substantial endeavour – is accompanied by perception, it is a soul” (NE II, xxi, §1; RB, 170). What about efforts, then? One is certainly the will. In NE, II, xxi, §5 Leibniz argues that volition is the effort (conatus) to move towards what one finds good and away from what one finds bad and that this endeavor arises from the perceptions we are aware of. As an endeavour results in action unless it is prevented, from will (which is always directed to the good) and power together follows action. However, this is not so simple. Leibniz argues that there is also a second class of efforts: “There are other efforts, arising from insensible perceptions, which we are not aware of; I prefer to call these ‘appetitions’ rather than volitions” (NE II, xxi, §5; RB, 173). Although there are appetitions of which one can be aware, usually these appetitions arise from the insensible petite perceptions and are consequently affecting us subconsciously. Now, although all minute perceptions are confused perceptions, they are always related to pleasure and displeasure and also to perfection and imperfection. From this follows that there can be different efforts present in the soul at the same time: the will which is directed to apperceived good and several separate appetitions which lead to different goals, both to those which bring about perfection and pleasure of the mind (joy) and those which bring about displeasure and imperfection (sorrow). These efforts are not only in conflict with each other but may also be in conflict with entelechy. A typical case is perceiving a sensual pleasure. Our entelechy which is always directed to final causes (perfection) may be in conflict with several different appetitions which are related in different ways to the sensual pleasure in question. If our understanding is developed enough, our will resists the temptation posed by the pleasure (agreeing with entelechy), but if the temptation is too strong, the appetitions outweigh the will and the resulting action bring about imperfection and sorrow as it is related to imperfection. In this paper I will argue that deliberation in the human soul is a battle of different endeavors described above: the entelechy in the soul strives according to its law-of-the-series towards its telos (perfection) and the will accompanies it by being automatically directed to the good. This thrust towards the apparent good is aided or hindered by the appetitions which can be thought as derivative forces in the Leibnizian dynamics. Depending on whether the predominant appetitions are related to good or bad desires, the deliberation succeeds or fails in achieving the real good which is the goal of human deliberation. The successs can be facilitated beforehand by developing our understanding so that we are less easily swept away by the derivative forces (NE II, xxi, §19). A central role in this task is played by strong willing. As Martha Bolton has noted in her recent paper, an essential feature of the basic, standing endeavors is that they are continuous – although the power balance in the soul changes from moment to moment, something lingers from our previous volitions. That is why Leibniz argues that we pave way for the future deliberations by our previous voluntary actions (NE II, xxi, §23). In contrast, the appetitions are temporary, fliegende Gedanken as Leibniz says in NE II, xxi, §12. Therefore there is a constant, always changing power balance between two kinds of endeavors in the soul: primitive active force versus derivative forces. I will argue that the behavior of the forces in the soul can be understood with a vectorial model which is related to Leibniz’s early ideas of calculus of variations and which was anticipated by Arnauld and Nicole’s Port-Royal Logic. The central idea in the model is that the options are in tension towards each other and the ratio between them at each moment determines the consequent outcome. The proper relationship between the endeavors is not a simple balance, two options which exhaust each other, but a case where different efforts complement each other: “Since the final result is determined by how things weigh against one another, I should think it could happen that he most pressing disquiet did not prevail; for even If it prevailed over each of the contrary endeavours taken singly, it may be outweighed by all of them together.” Leibniz continues : “Everything which then impinges on us weighs in the balance and contributes to determining a resultant direction, almost as in mechanics” (NE II, xxi, §40; RB, 193). The different endeavors can be understood as vectors leading to different directions and the end result is a certain direction that deliberation takes. The dynamical tension between the different endeavors presents a situation where everything affects everything and the following direction, the resulting volition follows more or less automatically. In Theodicy, §325 Leibniz describes the deliberation as follows: “One might, instead of the balance, compare the soul with a force that puts forth an effort on various sides simultaneously, but which acts only at the spot where action is easiest or there is least resistance” (Huggard, 322) This kind of dynamical tension can be understood in terms of the calculus of variations where there are several possible variations available but where the dynamics of the situation results in the decision taking the “easiest” route which is more or less objectively good depending on the level of the deliberator’s understanding. In his comments to Bayle’s note L of “Rorarius” Leibniz says: “The soul, even though it has no parts, has within it, because of the multitude of representations of external things, or rather because of the representation of the universe lodged within it by the creator, a great number, or rather an infinite number, of variations (Woolhouse & Francks (ed.), ‘New System’ and Associated Texts, 101). This kind of deliberation is comparable to God’s choice of the best world with the difference that God’s understanding is infinite which again results in the fact that the choice is the best possible. Whereas in nature the easiest route taken is always optimal as nature is God’s creation, in men the goodness or badness of men’s actions is dependent on their state of wisdom, that is, how developed their understanding is. The more wise men are, the more metaphysical goodness or perfection follows from their actions. (shrink)

Misconceptions about energy conservation abound due to the gap between physics and secondary school chemistry. This paper surveys this difference and its relevance to the 1690s–2010s Leibnizian argument that mind-body interaction is impossible due to conservation laws. Justifications for energy conservation are partly empirical, such as Joule’s paddle wheel experiment, and partly theoretical, such as Lagrange’s statement in 1811 that energy is conserved if the potential energy does not depend on time. In 1918 Noether generalized results like Lagrange’s and (...) proved a converse: symmetries imply conservation laws and vice versa. Conservation holds if and only if nature is uniform. The rise of field physics during the 1860s–1920s implied that energy is located in particular places and conservation is primordially local: energy cannot disappear in Cambridge and reappear in Lincoln instantaneously or later; neither can it simply disappear in Cambridge or simply appear in Lincoln. A global conservation law can be inferred in some circumstances. Einstein’s General Relativity, which stimulated Noether’s work, is another source of difficulty for conservation laws. As is too rarely realized, the theory admits conserved quantities due to symmetries of the Lagrangian, like other theories. Indeed General Relativity has more symmetries and hence more conserved energies. An argument akin to Leibniz’s finally gets some force. While the mathematics is too advanced for secondary school, the ideas that conservation is tied to uniformities of nature and that energy is in particular places, are accessible. Improved science teaching would serve the truth and enhance the social credibility of science. (shrink)

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary (...) scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence. (shrink)

Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The (...) author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective. (shrink)

To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no longer depend (...) on their own self-evidence, but must be attempts to uncover commonality as to what is natural. (shrink)

There are two ways interpreters have tended to understand the nature of the laws of Kant’s pure general logic. On the first, these laws are unconditional norms for how we ought to think, and will govern anything that counts as thinking. On the second, these laws are formal criteria for being a thought, and violating them makes a putative thought not a thought. These traditions are in tension, in so far as the first depends on the possibility of thoughts that (...) violate these laws, and the second makes violation impossible. In this essay I develop an interpretation of Kant’s pure general logic that overcomes this tension. It accounts for the possibility of logical mistakes, as the first tradition does, while still establishing the absolute impossibility of logical aliens, as the second tradition does. I then argue that the formalist insight that illogical exercises of the understanding are not alternative ways coherent thoughts could have been, but are mere confusions, is fundamental for achieving a proper understanding of the absolute normativity of the laws of pure general logic. (shrink)

Forensic authorship analysis is based on two assumptions: that every individual has a unique idiolect, and that features characteristic of that idiolect will recur with a relatively stable frequency. Yet, a speaker’s language can change with age, affective states, according to audience, or genre. Thus, studies on authorship analysis should adopt the theory that while some linguistic parameters of an idiolect can remain stable, others can change depending on various circumstances. This investigation, which takes a constructional and functional-based approach to (...) discourse-level phenomena in idiolectal stability, analyzes cross-genre data produced by nine Mexican participants throughout a twelve-year time span. This study contributes to a greater understanding of the linguistic elements that survive genre effects and are potentially useful in both investigative and evidential forensic linguistic work. We provide a detailed description of linguistic features, their specific values, and context-dependent interpretation, keeping in mind the context of expert linguistic testimony, with its preference for methods which “employ linguistically motivated analyses in combination with quantitative tools” (Solan & Tiersma, 2004, p.463). Our findings show that idiolectal style tends to remain stable across genres and communication modes in epistemic modality constructions. Epistemic markers —specifically, markers indicating low commitment by the speaker (e.g., _no sé_ ‘I don’t know’) or expressing indirectness when introducing the illocutionary force (e.g., _la verdad [es que]_ ‘the truth [is that]’)— display idiolectal stability, as these markers seem to be the most effective in terms of allowing speakers to strategically manifest the extent of their knowledge regarding what is said. (shrink)

In this paper I will put forward a simple case of a dynamical system which can exhibit both the indeterminism linked to escape to infinity and that linked to self-excitation. The case depends neither on the gravitational interaction between particles nor on their mutual collisions, and thus reveals the existence of a new kind of constraint that Newton's laws lay on the predictive power of classical dynamics.

This article treats three aspects of Frege's discussions of definitions. First, I survey Frege's main criticisms of definitions in mathematics. Second, I consider Frege's apparent change of mind on the legitimacy of contextual definitions and its significance for recent neo-Fregean logicism. In the remainder of the article I discuss a critical question about the definitions on which Frege's proofs of the laws of arithmetic depend: do the logical structures of the definientia reflect the understanding of arithmetical terms prevailing prior (...) to Frege's analyses? Unless they do, it is unclear how Frege's proofs demonstrate the analyticity of the arithmetic in use before logicism. Yet, especially in late writings, Frege characterizes definitions as arbitrary stipulations of the senses or references of expressions unrelated to pre-definitional understanding. I conclude by examining some options for conceiving of the status of Frege's logicism in light of this apparent tension, and outline a suggestion for a philosophically fruitful way of resolving this tension. (shrink)

The “rhetorical incorporation of human rights terminology” into domestic law is the central concern of this article. Over the last 20 years or so, countries have faced international pressure to conform to human rights standards in order to enjoy legitimacy. However, there is a huge gap between what is legalized as “human rights” in domestic laws and what is set forth as “human rights” in international human rights instruments. Based on this presupposition that a proper incorporation of human rights on (...) the books is a prerequisite for putting them into practice, this study by adopting a Systems Thinking approach seeks to show that law as a soft system on the books is more than the name and number of rights. It is a complex whole whose function depends on not only the name and number of rights but also different features of rights and the relationships between them. To this end, law is conceived as a system of rights that has five major features including the “frame of reference,” “scope of rights,” “orientation of rights,” “enforceability of rights,” and “realizability of rights.” The way of codification of human rights with respect to each of these features makes a big difference in implementing human rights in practice. To develop a heuristic devise for evaluating the situation of human rights in current legal systems, the conceptual space of law as a system of rights is depicted in a matrix called a “Rights Fabric Matrix.”. (shrink)

In this paper I will put forward a simple case of a dynamical system which can exhibit both the indeterminism linked to escape to infinity and that linked to self-excitation. The case depends neither on the gravitational interaction between particles nor on their mutual collisions, and thus reveals the existence of a new kind of constraint that Newton's laws lay on the predictive power of classical dynamics.