Broadly speaking, phenomenalism is the position that physical facts depend upon sensory facts. Many have thought it to imply that physical statements are translatable into sensory statements. Not surprisingly, the impossibility of such translations led many to abandon phenomenalism in favor of materialism. But this was rash, for if phenomenalism is reformulated as the claim that physical facts supervene upon sensory facts, then translatability is no longer required. Given materialism's failure to account for subjective experience, there has been a revival (...) of property dualism. But property dualism implies indirect realism with its threat of scepticism. Given difficulties with materialism and dualism, philosophers should reconsider phenomenalism. (shrink)

I argue that psychology and epistemology should posit distinct cognitive attitudes of religious credence and factual belief, which have different etiologies and different cognitive and behavioral effects. I support this claim by presenting a range of empirical evidence that religious cognitive attitudes tend to lack properties characteristic of factual belief, just as attitudes like hypothesis, fictional imagining, and assumption for the sake of argument generally lack such properties. Furthermore, religious credences have distinctive properties of their (...) own. To summarize: factual beliefs are practical setting independent, cognitively govern other attitudes, and are evidentially vulnerable. By way of contrast, religious credences have perceived normative orientation, are susceptible to free elaboration, and are vulnerable to special authority. This theory provides a framework for future research in the epistemology and psychology of religious credence. (shrink)

It is argued that, while there is no such property as truth, there is a feature of factuality which certain states of affairs have and others lack. Since states of affairs can appear before the mind as having this feature when, in reality, they do not have it, a most difficult epistemological problem arises, namely, how to distinguish between a state of affairs which merely appears to have factuality and a state of affairs which really is factual. The test (...) for factuality, it is maintained, is twofold. It consists, on the one hand, of perception and introspection, and on the other, of coherence. What we perceive and introspect is not only presented to us as factual, but justifiedly taken to be factual. In case of doubt, though, we cannot but fall back on coherence, comparing some of our beliefs, perceptions, assumptions etc. with others. (shrink)

It is argued that, while there is no such property as truth, there is a feature of factuality which certain states of affairs have and others lack. Since states of affairs can appear before the mind as having this feature when, in reality, they do not have it, a most difficult epistemological problem arises, namely, how to distinguish between a state of affairs which merely appears to have factuality and a state of affairs which really is factual. The test (...) for factuality, it is maintained, is twofold. It consists, on the one hand, of perception and introspection, and on the other, of coherence. What we perceive and introspect is not only presented to us as factual, but justifiedly taken to be factual. In case of doubt, though, we cannot but fall back on coherence, comparing some of our beliefs, perceptions, assumptions etc. with others. (shrink)

The article deals with the development of the philosophy of France Veber, the pupil of Meinong and a main Slovene philosopher. One of the most important threads of Veber’s philosophy is the consideration of knowledge and factuality, which may be seen as a driving force of its development. Veber’s philosophical development is usually divided into three phases: the object theory phase, the phase when he created his philosophy of a person as a creature at the crossing of the natural and (...) the spiritual world, who as an active, not merely passive subject possesses her own causal powers, and the third phase, when he supplemented his earlier philosophy with the theory of a special side of our experience which he called hitting-upon-reality. It is a direct experience of reality, a special kind of intentionality, which is however fundamentally different from presentational intentionality, which alone is taken into account by object theory or phenomenology. The questions of knowledge and factuality are closely connected in Veber’s philosophy since, pace Veber, knowledge is a kind of, we may say, justified experience the object of which is a factual entity. Hence, if we want to understand what knowledge is, we must face the challenge of comprehending factuality. There are five stages to be noted in the development of his epistemology. The first two belong to his object theory phase, the third to his person phase, the fourth is characterised by his distinguishing and exploring truth and validity with regard to the thought about God, and the basis of the fifth phase lies in his theory of hitting-upon-reality. In Introduction to Philosophy and The System of Philosophy, that is in the year 1921, Veber believed that factuality was a property of the object, which we do present, but we do not present the factuality of this factuality. In 1923, in The Problems of Contemporary Philosophy and in the work Science and Religion, he already rejected such a view. There is something that makes things factual, but that is a complete unknown X. Therefore we cannot even say what kind of an entity this factuality is. Some people would probably demand the following formulation: if X is an ultimate mystery, we should not claim even that it is an entity. In The Problems of Presentation Production Veber claimed that factuality is not a property since this would lead to a regressum ad infinitum. Philosophy related internally correct experience to personal will. In T he Book about God he developed the thesis that factuality depends on the act of God. In The Question of Reality he importantly modified, developed and enriched the thesis that we do not present reality with his theory of immediate experience of factuality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Alan Collett LITERATURE, CRITICISM, AND FACTUAL REPORTING Novels frequently deal with real events. How is it that some theorists have been able to argue that, regarded as literature, such novels are always fictional? The answer is that it is usually possible to show that a work which we are prepared to call "literary" creates an imaginary world possessing its own properties. Itcan then be maintained that this (...) imaginary world constitutes the aesthetic object of the work and that only those properties internal to it are relevant to aesthetic judgment. It then follows that the meaning ofthe literary work is this imaginary world and that criticism is properly concerned with its elucidation. Or, to say the same thing in a different idiom: we should distinguish in the things said by critics between those sorts of remarks which help to establish a text's meaning solely by reference to internal features of the text and those sorts of remarks which, if they are aimed at establishing meaning, do so by reference to external evidence. In the case of novels dealing with real events, those sentences which describe particular events, situations, characters, and places (reports)1 play a role in the creation of the imaginary world of the work. The real events described will, of course, often be known to the reader, and indeed the effectiveness of a work may depend to a large extent upon the fact that it deals with known historical events. But in order to avoid treating such texts as factual works rather than as works of literature we should, the theory goes, stress plausibility and coherence above truth to the world. Aristode's rule that "a convincing impossibility is preferable to an unconvincing possibility" sums up the way in which critical assessment can guard against confusing literary 282 Alan Collett283 works with informative works. Literary criticism concerns itselfwith the plausibility and coherence of accounts of real events at the expense of their truth. A literary artist will, therefore, be judged to be better the more his descriptions seem true in contrast with the historian whose descriptions must actually be true. The literary artist, on this traditional view, endows the events he describes with meaning. When those events are real events their meaning will be intelligible to the extent to which they reflect a convincingly possible reality. The accurate reporting of real events is perfecdy permissible always provided the events chosen make an artistic point by functioning in the narrative in a way which is probable or convincing. Accuracy, as such, is never a criterion of literary worth. The fictionality of literary works dealing with real events, then, is connected with the skill the author exhibits in usingthe events he chooses to describe in such a way that a meaningful imaginary world is created. This fictional world will mirror the real world via its internal coherence which excludes the contingendy true in order to make a plausible artistic whole, and one function of literary criticism proper is the fixing of the correct interpretation of the meaning of this fictional world. A recent reformulation ofthis traditional view, offered by S. H. Olsen in TL· Structure ofLiterary Understanding? contains some suggestions as to how it is possible to interpret literary practice so that report sentences can be understood to function other than as the bearers of truth. On this view, a literary work, as a peculiar kind of utterance, cannot be interpreted without reference to some context. And although a literary work may be pardy distinguished by its textual or structural features, the mere possession of such features is not in itself sufficient to make a text a literary work. Textual or structural features, Olsen argues, will serve an aesthetic function only when the decision is already taken that the text to which they belong is a literary work. Since the function of sentences cannot be determined simply on the basis of their linguistic features, they will need to be interpreted in order to be correctly understood. Interpretation will involve making assumptions about the purpose of the utterances in question and the assumed purpose will then determine how their linguistic and structural features are to be understood. Thus, in one of... (shrink)

For naturalistic and non-intuitionistic moral realists, moral knowledge is more problematic than ordinary and scientific factual knowledge. For without special faculties of moral discernment, how could we ever detect moral facts and properties? Physical facts and properties may be accessible to perceptual recognition. But how could moral facts and properties ever be similarly accessible? To address this challenge, we need a meta-ethical account that does two things. First, it must explain how the discernment of moralfacts and (...) properties ultimately consists only of the detection of appropriate physical items. Second, it must explain why, despite this fact, moral perception seems so very puzzling. In this paper I endeavor to provide such an account. It is largely because of the relational nature of moral properties, and thecorresponding externalistically determined normative content of moral property terms, I argue, that our epistemic access to moral knowledge appears mysterious. The metaphysics of moral factuality does a lot to explain the seeming elusiveness of moral knowledge, and in ways that are surprisingly mundane. (shrink)

In accordance with the principle of historical materialism, nature of the property depends primarily on the fact that the actual possession of the property, rather than on their legal ownership first. Accordingly, the Isle of Man from the stock of the "separation of ownership 'departure, the actual property is not recognized joint-stock private property, but" social property ", so they also hopes to achieve socialism in stock. However, the situation at the time, the Isle of Man is sometimes still only (...) legal private ownership of property from the stock starting to think so, sometimes with analysis of private enterprise, "Das Kapital" residual value analysis on the model of joint-stock company, joint-stock property changes on the significant underestimate, even such as the stock is still equivalent to private ownership. According to the principle of materialism, the feature of property first depends on the reality of factual possession of property, but does not first depend on its legal ownership. Hence, from the theory of share holding system of its "separdtion of ownership and manageship" , Marx and Engels considered that the property of share holding system is actually not the private property, but the "public property". They, therefore, put the hope of realizing socialism on the share holding system. But under that situation, Marx and Engels could only consider the problems from the legal private ownership of the property of share holding system by using the theory of surplus values ​​and even regard the share holding system as private ownership. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is an (...) illustrative example of this necessity. Justice requires possession not in the form of some equal distribution but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)

After a short historical survey of philosophical views on property, the article contains an analysis of the argument which justifies property by referring to the universal respect due to anyone’s right to use any thing for any purpose. Usage of things for the realization of set ends (or goals) is among the conditions of action/ agency. The capacity of freedom as a specific causal power in real world is dependent on the possibility of using things as means. However, without a (...) real prospect to finish the process of realization of set goals, this causal power would not be real. Property is a scheme within which this prospect becomes a real possibility. Property is thus a condition of effective successful purposeful agency. In property the normative position of all others, besides the owner, has been changed, as they do not have the right to use things possessed for their ends, although they have a right to use any non-possessed thing as a means for whichever end they might set. As a right, property entails, first, the obligation to respect the fact of any established possession, and, second, an obligation to accept and recognize the established possession as ownership, which does not depend on the fact of factual physical control of the property. Ownership is therefore a guarantee of future possession. For this to be established there is a need for an explicit recognition from all others; however this recognition is normatively necessary for everybody, as no-one has a right to withdraw the recognition of a legitimate right to property. This comes from the ontological and axiological difference between persons and things: persons have a right to use and possess unpossessed things as means for realization of ends they set. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is an (...) illustrative example of this necessity. Justice requires possession not in the form of some equal distribution (which is a matter of contingency) but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)

Purpose of this article is to tell foreign readers about novels made in Russian intellectual property law in 2014. As is known modern Russian revolution in the field of intellectual property legislation occurred January 1, 2008 when Russian intellectual property legislation was codified, included in the text of part fourth of the Civil Code of the Russian Federation. Part fourth of the Russian CC entered into force on January 1, 2008. At the same day seven sectoral intellectual property laws were (...) repealed. Second Revolution in this field took place during 2014: Federal law №35-FZ, 2014, substantially amending the Fourth part on the CC, entered into force on October the 1st of 2014. Scientific aim: The essence and evaluation of these amendments is the subject matter of this paper. Methods: The research is based on the analysis of the new amendments and articles added to the part fourth of the CC. Findings: Codification of the sectoral legislation en bloc in CC is a unique phenomenon. The author believes that such a construction of intellectual property law was made correctly and at the proper time. Factually the Federal Law №35-FZ is the eleventh law amending the text of the part fourth of the CC. But all previous amendments were small and not substantial. As far as amendments introduced by the law №35-FZ are concerned, they are numerous and very, very substantial. Before entering into force of the law №35-FZ, the Part fourth of the CC contained 328 articles. The law 35-FZ amends 169 articles of it and adds seven new articles. I am convinced that the law is a rather big step towards building a modern system of intellectual property legislation in Russia. Conclusions: More than 150 amendments were introduced by the law №35-FZ. Author estimates about 80% of them as positive and about 20% as negative and erroneous. These amendments do not contradict the international intellectual property agreements signed by the Russian Federation. Generally their purpose is to enhance and clarify the Russian intellectual property legislation and to narrow the gap between Russian and European intellectual property laws. The author of this article deals with intellectual property laws more than 50 years on. This paper is a short English version of various articles on this topic published in Russian, in journals: «The business and the law» and «The patents and licenses». (shrink)

The principle of publicity is one of the fundamental principles of property law: property rights should be made public in order to inform third parties about the existence of the property right and its holder and thereby to foster legal certainty and efficiency. The publicity of ownership in immovable property is achieved through registration of ownership in the public register. However, the problem arises because of the unavoidable discrepancies between the data contained in the public register and the factual (...) situation. Different states choose different models to solve the practical problems arising out of the aforementioned discrepancies. On the one hand, Lithuania belongs to the group of states that implement the so-called declaratory system of registration, i.e. the transfer of ownership is based on an agreement or other legal grounds and the registration is not mandatory but provides the transfer with a third-party effect. This can be seen as a proof of priority of a factual situation over the registered data. On the other hand, Lithuanian laws provide the data of the register with some positive reliance, i.e. third parties are not only protected from claims arising out of unregistered rights (negative reliance), but they can also rely on the transcripts in the register. This is especially true in the case of bona fide transferee of immovable property which with some minor exceptions acquires ownership even from a non-owner, if the latter honestly relied on the data of the register. This regulatory framework is further adopted and transformed by the case law of the Lithuanian courts. The analysis of the latter shows that courts are inclined to rely more on the factual situation and easily deny the meaning of the registered rights. In various ways, the concept of the bona fide transferee is restricted and there are instances of positive duties ascribed to them. Besides, the existing case law demonstrates equivocal attitude towards the legal effects of registered data. Such tendencies of case law may hinder the rule of positive reliance and cause greater legal uncertainty. (shrink)

A common conception of facts is as worldly entities, complexes made upof non-factual constituents such as properties, relations andproperty-bearers. Understood in this way facts face the unityproblem, the problem of explaining why various constituents arecombined to form a fact. In many cases the constituents could haveexisted without being unified in the fact---so in virtue of what arethey so unified? I shall present a new approach to the unity problem.First, facts which are grounded are unified by the obtaining of (...) theirgrounds. Second, many ungrounded facts are such that they must obtainif their non-factual constituents exist (e.g. if the property $F$nessis essential to a particular, $a$, then if $a$ exists the fact that$a$ is $F$ must obtain). In this way the obtaining of these facts isexplained by the essence of some of their constituents. I alsoaddress the possibility of facts which are brutely unified(i.e. neither grounded nor essentially unified), and compare theaccount I offer with some of the main alternatives. (shrink)

Jamie Morgan's commentary (Morgan, 2016) on my paper 'The Labour Theory of Property and Marginal Productivity Theory' (Ellerman, 2016) and Ted Burczak's later comments (Burczak, 2016) raise a number of issues that surely will occur to other readers and that need to be addressed. I take the occasion to expand upon the arguments and to explore some related issues. In the narrative that unfolds, Frank H. Knight plays the role of the sophisticated defender of the system of renting, hiring and (...) employing human beings. He was quite clear that the social role of economics is to develop an idealised model, the competitive free enterprise model, and then to frame the normative discussion in terms of that model. Knight would agree with the whole thread of heterodox 'criticism' that the actual economy falls far short of the ideal – which is why I largely eschewed the descriptive shortcomings of ideal model as a purported model of the actual economy. Instead my paper focused on developing a critique of the key part of the idealised model, the marginal productivity theory of distribution under competitive conditions. That critique is based on the usual juridical principle of imputing legal responsibility in accordance with factual responsibility – the principle whose property-theoretic application is the modern treatment of the labour theory of property. Historically, heterodox economics faced a fork in the road in the 19th century: whether to criticise 'the system' by developing the inchoate 'labour theory' as a theory of value or a theory of property. Marx and much of left-wing economics took the labour-theory-of-value road, whereas my paper is part of a modern attempt – Thomas Hodgskin (1832) being an earlier attempt – to take the labour-theory-of-property road. As we will see, much of the debate still revolves around these two roads. Read David Ellerman's original paper "The Labour Theory of Property and Marginal Productivity Theory" › Read Jamie Morgan's commentary on David Ellerman's paper ›. (shrink)

This paper attacks two contrary views. One denies that nature has joints, taking the properties we call natural to be merely artefacts of our theories. The other accepts real natural properties but takes their naturalness to come by degrees. I argue that both are wrong: natural properties are real, and their naturalness no more comes by degrees than does the naturalness of the things that havethem.

We canvas a number of past uses of Ramsey sentences which have yielded disappointing results, and then consider three very interesting recent attempts to deploy them for a Ramseyan Dialetheist theory of truth, a modal account of laws and theories, and a criterion for the existence of factual properties. We think that once attention is given to the specific kinds of theories that Ramsey had in mind, it becomes evident that their Ramsey sentences are not the best ways (...) of presenting those theories. (shrink)

According to moral sentimentalism, there are close connections between moral truths and moral emotions. Emotions largely form our moral attitudes. They contribute to our answerability to moral obligations. We take them as authoritative in guiding moral judgement. This role is difficult to understand if one accepts a full-blown moral realism, according to which moral truths are completely independent of our emotional response to them. Hence it is tempting to claim that moral truths depend on our emotional responses. I outline a (...) problem for this view: we are adamant that, if our moral sentiments were different, things would be the same, morally speaking. Moral truth does not seem to counterfactually depend on moral sentiments. I show how this independence can be reconciled with the role of moral sentiments in guiding our moral outlook. I draw on Yablo’s distinction between response-dependent and response-enabled properties. I propose that moral truths are response-enabled: their supervenience base does not include anything about our emotions. Hence they do not counterfactually depend on changes in our emotional response. However, their factual supervenience base being naturally ineligible, it is ultimately our response that enables them to play their role as an independent moral compass. (shrink)

This article is composed of three parts. In the first part of the article I take up a question raised by Susanna Siegel (Philosophical Review 115: 355–388, 2006a). Siegel has argued that subjects have the following anticipation: (PC) If S substantially changes her perspective on o, her visual phenomenology will change as a result of this change. She has left it an open question as to whether subjects anticipate a specific kind of change. I take up this question and answer (...) it in the affirmative. By appealing to a widely held view of perceptual content, the view that we represent ‘factual’ properties in perception, I argue that (PC) can be refined as follows: (PC’) If S substantially changes her perspective on o, her visual phenomenology will present different views of o’s factual properties. In the second part of the article I argue that (PC’) implies that there are cases in which normal perceivers have different perceptual content under identical viewing conditions. The differences in perceptual content are due to differences in the determinacy of visual anticipation. I draw the conclusion that perceptual content is rich in the sense that it includes a unique contribution from individual perceivers. In the final part of the article, I discuss some open issues regarding the way in which (PC’) relates to the personal/sub-personal distinction, empirical models, and the distinction between perception and cognition. (shrink)

The Covid-19 pandemic has shaken the world. It has presented us with a series of new challenges, but the policy response may be difficult due to the severe uncertainty of our circumstances. While pressure to take timely action may push towards less inclusive decision procedures, in this paper I argue that precisely our current uncertainty provides reasons to include stakeholders in collective decision-making. Decision-making during the pandemic faces uncertainty that goes beyond the standard, probabilistic one of Bayesian decision theory. Agents (...) may be uncertain not just about factual properties of the world, but also about how to model their decision problems and about the values of the possible consequences of their options. As different stakeholders may have irreconcilable disagreement about how to resolve these uncertainties, decision-making procedures should take everybody’s perspectives into account. Moreover, those communities that are hit harder by the pandemic are also those that are typically excluded from knowledge production. Thus, in the face of Covid-19 uncertainty, both democratic and epistemic considerations highlight the importance of stakeholders’ inclusion in policy decision-making. (shrink)

Hartry Field has recently presented an original and interesting approach to the a priori. Its main theses are, first, that certain rules are empirically indefeasible and, second, that the reasonableness of these rules are not based on any factual property. After an introduction, Field’s approach is presented in section II. Section III examines his claims concerning empirical indefeasibility. It will be argued that his general argument for empirical indefeasibility fails along with the particular examples of rules he gives. Alternative (...) ways of preserving empirical indefeasibility are suggested that are compatible with overdetermination under certain assumptions. In section IV, Field’s arguments for the nonfactuality of epistemological concepts, such as reasonableness, are found wanting. At the end, an alternative way of understanding the link between the epistemological concept in question and truth-conduciveness is proposed that preserves the factuality of the epistemological concept. (shrink)

After a short historical survey of philosophical views on property, the article contains an analysis of the argument which justifies property by referring to the universal respect due to anyone’s right to use any thing for any purpose. Usage 224 JOVAN BABIĆ SVOJINA ҄ FILOZOFSKA ANALIZA: ARGUMENT of things for the realization of set ends (or goals) is among the conditions of action/ agency. The capacity of freedom as a specific causal power in real world is dependent on the possibility (...) of using things as means. However, without a real prospect to finish the process of realization of set goals, this causal power would not be real. Property is a scheme within which this prospect becomes a real possibility. Property is thus a condition of effective successful purposeful agency. In property the normative position of all others, besides the owner, has been changed, as they do not have the right to use things possessed for their ends, although they have a right to use any non-possessed thing as a means for whichever end they might set. As a right, property entails, first, the obligation to respect the fact of any established possession, and, second, an obligation to accept and recognize the established possession as ownership, which does not depend on the fact of factual physical control of the property. Ownership is therefore a guarantee of future possession. For this to be established there is a need for an explicit recognition from all others; however this recognition is normatively necessary for everybody, as no-one has a right to withdraw the recognition of a legitimate right to property. This comes from the ontological and axiological difference between persons and things: persons have a right to use and possess unpossessed things as means for realization of ends they set. (shrink)

The renowned philosopher John Searle reveals the fundamental nature of social reality. What kinds of things are money, property, governments, nations, marriages, cocktail parties, and football games? Searle explains the key role played by language in the creation, constitution, and maintenance of social reality. We make statements about social facts that are completely objective, for example: Barack Obama is President of the United States, the piece of paper in my hand is a twenty-dollar bill, I got married in London, etc. (...) And yet these facts only exist because we think they exist. How is it possible that we can have factual objective knowledge of a reality that is created by subjective opinions? This is part of a much larger question: How can we give an account of ourselves, with our peculiar human traits DS mind, reason, freedom, society - in a world that we know independently consists of mindless, meaningless particles? How can we account for our social and mental existence in a realm of brute physical facts? In answering this question, Searle avoids postulating different realms of being, a mental and a physical, or worse yet, a mental, a physical, and a social. There is just one reality: Searle shows how the human reality fits into that one reality. Mind, language, and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how language creates and maintains the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle shows how this account illuminates human rationality, free will, political power, and human rights. Our social world is a world created and maintained by language. (shrink)

This chapter contains sections titled: Omniscience as Having All Knowledge Omniscience as Having All Factual Knowledge Conclusion Works cited.

According to the Value-Neutrality Thesis, technology is morally and politically neutral, neither good nor bad. A knife may be put to bad use to murder an innocent person or to good use to peel an apple for a starving person, but the knife itself is a mere instrument, not a proper subject for moral or political evaluation. While contemporary philosophers of technology widely reject the VNT, it remains unclear whether claims about values in technology are just a figure of speech (...) or nontrivial empirical claims with genuine factual content and real-world implications. This paper provides the missing argument. I argue that by virtue of their material properties, technological artifacts are part of the normative order rather than external to it. I illustrate how values can be empirically identified in technology. The reason why value-talk is not trivial or metaphorical is that due to the endurance and longevity of technological artifacts, values embedded in them have long-term implications that surpass their designers and builders. I further argue that taking sides in this debate has real-world implications in the form of moral constraints on the development of technology. (shrink)

This book offers a ground-up defense of objective morality, drawing inspiration from a wide range of philosophers, including John Locke, Arthur Schopenhauer, Iris Murdoch, Nel Noddings, and David Lewis. The core claim is compassion is our capacity to perceive other creatures' pains, pleasures, and desires. Non-compassionate people are therefore perceptually lacking, regardless of how much factual knowledge they might have. Marshall argues that people who do have this form of compassion thereby fit a familiar paradigm of moral goodness. His (...) argument involves the identification of an epistemic good which Marshall dubs "being in touch". To be in touch with some property of a thing requires experiencing it in a way that reveals that property - that is, experiencing it as it is in itself. Only compassion, Marshall argues, lets us be in touch with others' motivational mental properties. -/- This conclusion about compassion has two important metaethical consequences. First, it generates an answer to the question ";Why be moral?", which has been a central philosophical concern since Plato. Second, it provides the keystone for a novel form of moral realism. This form of moral realism has a distinctive set of virtues: it is anti-relativist, naturalist, and able to identify a necessary connection between moral representation and motivation. The view also implies that there is an epistemic asymmetry between virtuous and vicious agents, according to which only morally good people can fully face reality. (shrink)

There is sufficient evidence that intellectual property rights are corrupting medical research. One could respond to this from a moral or from an epistemic point of view. I take the latter route. Often in the sciences factual discoveries lead to new methodological norms. Medical research is an example. Surprisingly, the methodological change required will involve political change. Instead of new regulations aimed at controlling the problem, the outright socialization of research seems called for, for the sake of better science. (...) I appeal to an analogy between socialized medicine and socialized research. †To contact the author, please write to: Department of Philosophy, University of Toronto, Toronto, Ontario M5R 2M8, Canada; e‐mail: [email protected]. (shrink)

In an information state where various agents have both factual knowledge and knowledge about each other, announcements can be made that change the state of information. Such informative announcements can have the curious property that they become false because they are announced. The most typical example of that is ‘fact p is true and you don’t know that’, after which you know that p, which entails the negation of the announcement formula. The announcement of such a formula in a (...) given information state is called an unsuccessful update. A successful formula is a formula that always becomes common knowledge after being announced. Analysis of information systems and ‘philosophical puzzles’ reveals a growing number of dynamic phenomena that can be described or explained by unsuccessful updates. This increases our understanding of such philosophical problems. We also investigate the syntactic characterization of the successful formulas. (shrink)

This article addresses a still unsolved puzzle in private law regarding the proper explanation of cases in which courts make substantial awards of damages to claimants whose rights have been infringed, but who appear to have suffered no factual loss in consequence of the infringement. The paradigm examples tend to involve awards of ‘user’, license fee or ‘hypothetical bargain’ damages in cases involving interference with property rights. It suggests that existing explanations of such cases are all unsatisfactory in one (...) or another respect and posits a new and potentially more powerful explanatory thesis, drawing on Hohfeld. Such awards, it argues, compensate right-holders for the loss of legal powers associated with their primary claim-rights—in particular, the loss of powers they are accorded by the law to ‘prevent’ the infringement of certain types of primary claim right ex ante. Legal powers are thus to be regarded as assets or amenities, the loss of which is amenable to monetary compensation. (shrink)

The article discusses the process of “conceptual borrowing”, according to which, when a new discipline emerges, it develops its technical vocabulary also by appropriating terms from other neighbouring disciplines. The phenomenon is likened to Carl Schmitt’s observation that modern political concepts have theological roots. The authors argue that, through extensive conceptual borrowing, AI has ended up describing computers anthropomorphically, as computational brains with psychological properties, while brain and cognitive sciences have ended up describing brains and minds computationally and informationally, (...) as biological computers. The crosswiring between the technical languages of these disciplines is not merely metaphorical but can lead to confusion, and damaging assumptions and consequences. The article ends on an optimistic note about the self-adjusting nature of technical meanings in language and the ability to leave misleading conceptual baggage behind when confronted with advancement in understanding and factual knowledge. (shrink)

Many participants in the debate over the current state and recent developments of economics make claims that are unrefined, simplistic, often exaggerated. This is understandable: the stakes are high, the issues trigger emotional responses, and few participants are motivated or equipped to seek more nuanced analyses. To assert, or to deny, that economics as a scientific discipline or a particular part of it (such as a model) is about reality – or refers to reality, represents it, is true about it, (...) or is truthlike about it – is to make a very complex and highly ambiguous claim. 1 The disputants often make claims that have parallels in the philosophical controversy between scientific realists and their opponents, or at any rate those claims can be partly analyzed in terms of some of the arguments presented in this philosophical controversy. The question addressed here is whether realism about economics is a viable position. The argument proceeds by way of refuting a number of arguments against realism about economics. I suggest a genuine controversy over the factuality of any particular strand or piece of economics requires realism as a general interpretation of economics – or at any rate requires debunking the anti-realist arguments discussed below. “The issue of realism” as most economists would recognize it, is not exactly the issue of realism as philosophers recognize it. “The issue of realism” in economics is about realisticness as a property of theories , while (part of) the issue of realism in philosophy is about realism as a theory of theories . But some parts of the issue of realisticness (such as those related to reference and truth) in economics can be translated into aspects of the issue of realism as a theory of theories. Thus there is also an issue of realism (with no quotation marks) in economics. It is this issue of realism that has to be settled as a prerequisite for critical assessments of important forms of realisticness of economic theories. (shrink)

: Our paper discusses the epistemic attitudes of particle physicists on the discovery of the Higgs boson at the Large Hadron Collider. It is based on questionnaires and interviews made shortly before and shortly after the discovery in 2012. We show, to begin with, that the discovery of a Standard Model Higgs boson was less expected than is sometimes assumed. Once the new particle was shown to have properties consistent with SM expectations – albeit with significant experimental uncertainties –, (...) there was a broad agreement that ‘a’ Higgs boson had been found. Physicists adopted a two-pronged strategy. On the one hand, they treated the particle as a SM Higgs boson and tried to establish its properties with higher precision; on the other hand, they searched for any hints of physics beyond the SM. This motivates our first philosophical thesis: the Higgs discovery, being of fundamental importance and establishing a new kind of particle, represented a crucial experiment if one interprets this notion in an appropriate sense. By embedding the LHC into the tradition of previous precision experiments and the experimental strategies thus established, underdetermination and confirmational holism are kept at bay. Second, our case study suggests that criteria of theory preference should be understood as epistemic and pragmatic values that have to be weighed in factual research practice. The Higgs discovery led to a shift from pragmatic to epistemic values as regards the mechanisms of electroweak symmetry breaking. Complex criteria, such as naturalness, combine epistemic and pragmatic different values, but are coherently applied by the community. (shrink)

The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or to (...) dispose of it or misappropriation is made of a property right, giving the perpetrator a possibility to receive other persons’ property or property benefit immediately or in the future, to treat the property of others as one’s own. That is, when a real possibility, perceived by the perpetrator, to treat the property of others as one’s own arises but not when the damage is caused. In this case, particular importance is adduced to the condition that the perpetrator must clearly perceive his/her possibility to treat the property of others as one’s own. In case such a possibility has not been perceived by the perpetrator, we cannot state that embezzlement is complete. The moment of completeness and the fact that in practice there may be cases where no real damage is caused to a legal entity when the perpetrator embezzles property of the former (see the example in footnote 15), show that the criminal act provided for in Article 183 of the Criminal Code contains a formal element. When evaluating practical problems, the article overviews two rulings of the Supreme Court of Lithuania that are of particular importance for the formation of the case-law. Before the ruling of the Supreme Court of Lithuania of 8 May 2012, this court used to formulate somewhat erroneous case-law in examining cases concerning accusations raised on the basis of Article 183 of the Criminal Code. In cases where the head (shareholder) of a company was accused of embezzlement and used all the “cashed” funds of the company only for the interests and benefit of the company, the court used to evaluate the factual circumstances of the case not as indicative of the fault of the defendant, but only as indicative of the purpose of his/her act. Even if it was determined that the perpetrator did not perceive the real possibility to treat the company’s property as his/her own and always used to regard the property which came to his/her disposal as the company’s property, the court used to qualify the perpetrator’s act as embezzlement, by reasoning that the purpose of the perpetrator’s act was not a circumstance relevant for such qualification. It can be stated that in such a manner the court failed to distinguish between the concept of purpose and the concept of fault, failed to evaluate the features of the subjective part individually, and assessed them in their entirety. Due to such a mistake, the court created an impression that the concepts of fault and purpose in the case were confused. By its ruling of 8 May 2012 the Supreme Court of Lithuania corrected those mistakes, however, its instruction to investigate whether “cashed” funds were not used “for personal needs” and whether the company suffered damage introduced a confusion into the investigation of cases of this type and their examination in court, as the concept of “personal needs” was not absolutely clear, whereas the fact of suffering damage was not necessary in order to qualify an act under Article 183 of the Criminal Code. In the author’s opinion, the Supreme Court of Lithuania should pronounce clearly that the cases where the head (shareholder) of the company has not perceived the real possibility to treat the other person’s property as his/her own will not be regarded as property embezzlement and there will be no deliberation in the person’s act. The absence of such perception would be confirmed by the fact that the perpetrator has used absolutely all “cashed” money of the legal entity only for the interest and benefit of the company. (shrink)

In an information state where various agents have both factual knowledge and knowledge about each other, announcements can be made that change the state of information. Such informative announcements can have the curious property that they become false because they are announced. The most typical example of that is 'fact p is true and you don't know that', after which you know that p, which entails the negation of the announcement formula. The announcement of such a formula in a (...) given information state is called an unsuccessful update. A successful formula is a formula that always becomes common knowledge after being announced. Analysis of information systems and 'philosophical puzzles' reveals a growing number of dynamic phenomena that can be described or explained by unsuccessful updates. This increases our understanding of such philosophical problems. We also investigate the syntactic characterization of the successful formulas. (shrink)

This book’s four main theses: -/- (1) Interpersonal liberty requires an explicit, pre-propertarian, purely factual, theory. -/- (2) Liberty is—and need only be—morally desirable in systematic practice, not in every logically possible case. In practice, there is no clash between the two main moral contenders: rights and consequences. -/- (3) Nothing can ever justify, support, or ground any theory of liberty or its applications, because it is logically impossible to transcend assumptions. Theories can only be explained, criticised, and defended (...) within conjectural frameworks. -/- (4) The state is inherently authoritarian and also negative-sum. It reduces welfare overall, with the losses compounding over time. Libertarian anarchic order is the positive-sum solution to illiberal political chaos. -/- J C Lester is a philosopher whose solution to the crucial philosophical problem of interpersonal liberty provides an explicit theory of liberty, explains how its application entails self-ownership and external property, and relates to all other interpersonal matters. (shrink)

Classical epistemic logic describes implicit knowledge of agents about facts and knowledge of other agents, based on semantic information. The latter is produced by acts of observation or communication, that are described well by dynamic epistemic logics. What these logics do not describe, however, is how significant information is also produced by acts of inference – and key axioms of the system merely postulate “deductive closure”. In this paper, we take the view that all information is produced by acts, and (...) hence we also need a dynamic logic of inference steps showing what effort on the part of the agent makes a conclusion explicit knowledge. Strong omniscience properties of agents should be seen not as static idealizations, but as the result of dynamic processes that agents engage in. This raises two questions: (a) how to define suitable information states of agents and matching notions of explicit knowledge, (b) how to define natural processes over these states that generate new explicit knowledge. To this end, we extend earlier epistemic “awareness models” into a dynamic system that includes acts of public observation, but also adding and dropping formulas from the currently ‘entertained’ set, we give a completeness theorem, and we show how this dynamics updates explicit knowledge. Similar ideas have been proposed before, but they were restricted to update with factual propositions; our new dynamic system applies to arbitrary formulas. We also extend our approach to multi-agent scenarios where awareness changes may happen privately. Finally, we mention further directions and related approaches. (shrink)

To a great extent, Kant more than Tolstoy influenced twentieth-century aesthetics in Eurocentric cultures. Formalist theorists insisted that disinterested apprehension of directly perceivable properties (color, rhythm, meter, balance, proportion, etc.) distinguished aesthetic experiences from all others. Kant never won the day in many non-Eurocentric cultures, however. Native Americans, for example, continued to connect aesthetic activity directly to "interested" and functional objects and events. Decriptions of objects or events as "beautiful" in most African cultures never required distinguishing "What is it (...) for?" from "How does it look?" Even in Eurocentric cultures, outside the rather narrow "mainstream" art world (professional artists, critics, curators, etc.) formalism was never wholly accepted or practiced. Attributions of beauty made by ordinary persons-on-the-street have been unabashedly affected by moral values and factual beliefs. Recognition of this has resulted in what I have elsewhere described as a "contextual turn" in aesthetics. Feminists and ethicists have contributed greatly to this turn. As the title of this symposium suggests, beauty matters (verb) and beauty matters (noun) have really never stopped being centrally important for a whole lot of reasons beyond the pleasure taken in morally and factually disinterested apprehension of form. Tolstoy thought if Kant were correct, beauty could not matter--or at least could not matter enough. His tack was to look elsewhere to explain the importance of art. but suppose we go another way and say, _but beauty does matter_. then Kant must not be correct. But just where did he go astray? (shrink)

The goal of this paper is to show that a cognitivist–externalist view about moral judgment is compatible with a key intuition that motivates non-cognitivist expressivism. This is the intuition that normative judgments have a close connection to action that ordinary “descriptive factual beliefs” do not have, or, as James Dreier has suggested, that part of the fundamental role of normative judgment is to motivate. One might think that cognitivist–externalist positions about normative judgment are committed to viewing normative judgments as (...) having the same role in our psychology as ordinary descriptive factual beliefs. This paper argues to the contrary. It restricts attention to moral judgments. It develops an account of moral belief according to which, first, moral beliefs are representational cognitive states that have the same basic nature as ordinary descriptive factual beliefs. Yet, second, their fundamental role is such that, when all goes well, moral beliefs mesh with our moral policies to motivate action. The paper draws on a society-centered account of the grounding of morality, a distinction between “basic” and “internal” ways of thinking of the moral properties, and a hybrid account of the “meaning” of moral predicates, called “realist-expressivism.”. (shrink)

I defend the view that strong psychophysical superveniences is necessary and sufficient to explain the causal efficacy of mental properties. I employ factual and counterfactual conditionals as defeasible criteria of causal efficacy. And I also deal with certain problems arising from disjunctive and conjunctive properties.

Prominent ethical and policy issues such as affirmative action and female enrollment in science and engineering revolve around the idea that diversity is good. However, a precise definition is seldom provided. I show that diversity may be construed as a factual description, a craving for symmetry, an intrinsic good, an instrumental good, a symptom, or a side effect. These acceptions differ vastly in their nature and properties. Some are deeply mistaken and some others cannot lead to concrete policies. (...) It is thus necessary to clarify what one means by ‘diversity.’ It may be a neutral description of a given state; but this is insufficient to act. The idea that there should be the same representation in a specific context as in the overall population is both puzzling and arbitrary. Diversity as intrinsic good is a mere opinion, which cannot be concretely applied; moreover, the most commonly invoked forms of diversity are not intrinsically good. On the other hand, diversity as instrumental good can be evaluated empirically and can give rise to policies, but these may be very weak. Finally, symptoms and side effects are not actually about diversity. I consider the example of female enrollment in science and engineering, interpreting the various arguments found in the literature in light of this polysemy. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.2 (2000) 113-126 [Access article in PDF] Dissenting Words:A Conversation with Jacques Rancière 1 Davide Panagia:In your writings you highlight the political efficacy of words. In The Names of History, for instance, this emphasis is discussed most vividly in terms of what you refer to as an "excess of words" that marks the rise of democratic movements in the seventeenth century. Similarly, in On The Shores of Politics, (...) you begin your discussion with an excursus on the end of politics as the end of the promise. Finally, in Dis-agreement you speak of "the part of those who have no-part" as voicing a "wrong" for the sake of equality.In each of these instances, however, your treatment of words (and language more generally) is very different from those thinkers of the "linguistic turn" in political philosophy who expound on an ethics of deliberation as the first virtue of modern democracies. For that matter, your approach is quite different from those thinkers who focus on the aporias of language as such.Could you discuss this thematic of the proliferation of words in your thinking about democratic politics?Would it be fair to characterize your research on and exposition of democratic thinking as a "poetics of politics"?Rancière's Reply:In order to address your question adequately, it would be wise to enlarge the sense of "linguistic turn" you invoke. In its most generally accepted sense, the linguistic turn in philosophy consists in ascribing to linguistic processes certain phenomena and specifiable modes of relating objects attributed, in a previous instance, either to factual processes or lines of thought. This approach is not limited to the two figures you invoke in your question. The linguistic turn also has two stages of development that, from my experience, have been more noticeable in France than in the United States. The first phase, then, emerged with Lévi-Strauss and his structural approach to social relations founded on a linguistic model of relationality, subsequently reprised in Lacan's psychoanalytic notion that "the unconscious is structured like a language" that, in its turn, conjoins the energetic mental processes Freud discusses to linguistic practices. The primacy of "the linguistic" thus granted language all the properties of the Freudian unconscious [End Page 113] along with those of a Marxist notion of infrastructure. The Saussurian opposition between langue and parole provided a privileged status to a linguistic model whose role was that of a general law that unconsciously structures the behavior of individuals and societies. It is on the basis of these parameters that the structuralist moment of the linguistic turn was constituted. At one and the same time, the analysis of speech acts became first and foremost a "symptomatic" analysis of those procedures of misrecognition that linguistically structured both the behavior of individuals and social relations. When we "read" Le Capital with Althusser, the interpretive and methodological schema for linguistic phenomena operated like a kind of "policing of the enunciated": that is, a search for those unsuccessful (i.e., inadequate) modes of expression that exemplify such symptomatic procedures of misrecognition.The second phase of the linguistic turn constituted itself more ambiguously. For those who shared intellectual experiences similar to my own, this version involved a critique of the langue/infrastructure model; that is, a further and more favorable consideration of the value of the political and the linguistic games therein that, according to the Althusserian/Marxist model (and, indeed, with structuralism more generally), were to be treated as ideological artifacts. In a very real sense, it all began with the May '68 assertion that "we are all German Jews"--an entirely ideological statement, the validity of which, if analyzed at the level of its content, one finds to rest entirely on the capacity to overturn the political relationship between the order of designations and that of events by emphasizing the gap that separates subject and predicate. From there, an entire field of understanding speech acts as political gestures opened up: a field that reconfigured the division between words and things while rearranging the distinction between legitimate... (shrink)

Wage-earners voluntarily accept to work under the control, and for the account of, firms run by entrepreneurs1; they do not decide what, how and how much, they must produce; wage-earners are not responsible for the consequences of their activities when they comply with entrepreneurs' orders12; inside the firm, wage-earners are subordinates. Outside the firm, wage-earners freely choose the way they spend their wages in the markets for commodities and services. Such is the 'stylised fact' which characterises the wage relationship in (...) our economies. Any theory of the wage relationship should account for this 'stylised fact' by deriving it from a consistent set of assumptions and propositions. Three main propositions are advocated in this paper: Mainstream economists conceive the 'wage' as being the price of a commodity ('labour power' or 'human labour') determined by a market – as for any other commodity and service. As a consequence, the wage relationship is thought of as an exchange relation ruled by equivalence; this view cannot be derived from the usual basic assumptions without violating the very logic of mainstream theory. Following this logic: either the wage relationship should be thought of as a relation between human beings having such different conditions that it cannot be interpreted as an exchange ruled by equivalence or 'human labour' is not to be found within the commodity space. In any case, the 'stylised fact' mentioned above is not accounted for by mainstream theory. 'Wage' is the name of the payment entrepreneurs give to other people with the view to making them participate in production under their control and for their account; wage payment is neither a purchase nor a sale – it just allows wage-earners to enter the market and spend in order to acquire the commodities they desire Wage-earners are, economically speaking, a means used by entrepreneurs for their own ends; exploitation (Fleurbaey's M-exploitation) is inherent in the wage relationship. Propositions 2 and 3 do not fit general equilibrium theory (inspired by Walras and rationalised by Arrow- Debreu); they do not fit modern mainstream theory either. They have no room in the theory of prices of production (inspired by Ricardo and rationalised by Sraffa). Moreover, they are not compatible with Marx's theory of labour power. An alternative approach is needed to satisfy them. Paving the way for that alternative theory requires us to show that 'human labour' cannot belong to the commodity space from the very point of view of mainstream theory; a sharp incompatibility between assumptions and conclusions would follow, and justify resorting to an alternative approach. This is our first step. A second step is to effectively resort to a monetary analysis – the alternative approach to real analysis, according to Schumpeter in his History of economic analysis. In a nutshell, we have to discard the commodity space postulate, and to think of economic relations as money mediation. Instead of a commodity space, we presuppose money to be a unit of account ($) combined with a means of payment. Instead of a permutation of goods and services exchanged amongst people, economic relations are payments. Individuals are no longer endowments and preferences, but accounts into which payments write down quantities of $. Conditions of people may differ according to the form of money circulation – this view allows us to deal with different types of economic relations; for what matters here, the wage relationship involves a specific form of circulation not reducible to that of exchange. The final step is to suggest that exploitation is inherent in the wage relationship; such exploitation has nothing to do with justice, since there is no norm whatsoever for the level of wage; it is also quite different from the exploitation Marx thought he had unveiled. This exploitation is simply due to the special situation of wage-earners vis-a-vis the market, which a specific form of circulation makes clear. 1 'Entrepreneur' here means, following Coase, 'the person or persons who, in a competitive system, take the place of the price mechanism in the direction of resources' (Coase, 1937, p. 388). 2 David Ellerman distinguishes between factual/de facto and legal or de jure responsibility. What I mean here is economic responsibility only. Another way at looking at it may use David Ellerman's propositions. The 'Invisible Judge' market gives the entrepreneur the property of raw material and labour – and also of the finished product sold in the market. The market gives nothing to the wage-earner inside the firm; outside the firm it gives her the property of consumption of goods she acquires out of her wage. Inside the firm, the wage-earner is not economically responsible. Arguing that if she kills someone, the wage- earner is responsible has nothing to do with the 'Invisible Judge'! (shrink)

Let us start by some general definitions of the concept of complexity. We take a complex system to be one composed by a large number of parts, and whose properties are not fully explained by an understanding of its components parts. Studies of complex systems recognized the importance of “wholeness”, defined as problems of organization (and of regulation), phenomena non resolvable into local events, dynamics interactions in the difference of behaviour of parts when isolated or in higher configuration, etc., (...) in short, systems of various orders (or levels) not understandable by investigation of their respective parts in isolation. In a complex system it is essential to distinguish between ‘global’ and ‘local’ properties. Theoretical physicists in the last two decades have discovered that the collective behaviour of a macro-system, i.e. a system composed of many objects, does not change qualitatively when the behaviour of single components are modified slightly. Conversely, it has been also found that the behaviour of single components does change when the overall behaviour of the system is modified. There are many universal classes which describe the collective behaviour of the system, and each class has its own characteristics; the universal classes do not change when we perturb the system. The most interesting and rewarding work consists in finding these universal classes and in spelling out their properties. This conception has been followed in studies done in the last twenty years on second order phase transitions. The objective, which has been mostly achieved, was to classify all possible types of phase transitions in different universality classes and to compute the parameters that control the behaviour of the system near the transition (or critical or bifurcation) point as a function of the universality class. This point of view is not very different from the one expressed by Thom in the introduction of Structural Stability and Morphogenesis (1975). It differs from Thom’s program because there is no a priori idea of the mathematical framework which should be used. Indeed Thom considers only a restricted class of models (ordinary differential equations in low dimensional spaces) while we do not have any prejudice regarding which models should be accepted. One of the most interesting and surprising results obtained by studying complex systems is the possibility of classifying the configurations of the system taxonomically. It is well-known that a well founded taxonomy is possible only if the objects we want to classify have some unique properties, i.e. species may be introduced in an objective way only if it is impossible to go continuously from one specie to another; in a more mathematical language, we say that objects must have the property of ultrametricity. More precisely, it was discovered that there are conditions under which a class of complex systems may only exist in configurations that have the ultrametricity property and consequently they can be classified in a hierarchical way. Indeed, it has been found that only this ultrametricity property is shared by the near-optimal solutions of many optimization problems of complex functions, i.e. corrugated landscapes in Kauffman’s language. These results are derived from the study of spin glass model, but they have wider implications. It is possible that the kind of structures that arise in these cases is present in many other apparently unrelated problems. Before to go on with our considerations, we have to pick in mind two main complementary ideas about complexity. (i) According to the prevalent and usual point of view, the essence of complex systems lies in the emergence of complex structures from the non-linear interaction of many simple elements that obey simple rules. Typically, these rules consist of 0–1 alternatives selected in response to the input received, as in many prototypes like cellular automata, Boolean networks, spin systems, etc. Quite intricate patterns and structures can occur in such systems. However, what can be also said is that these are toy systems, and the systems occurring in reality rather consist of elements that individually are quite complex themselves. (ii) So, this bring a new aspect that seems essential and indispensable to the emergence and functioning of complex systems, namely the coordination of individual agents or elements that themselves are complex at their own scale of operation. This coordination dramatically reduces the degree of freedom of those participating agents. Even the constituents of molecules, i.e. the atoms, are rather complicated conglomerations of subatomic particles, perhaps ultimately excitations of patterns of superstrings. Genes, the elementary biochemical coding units, are very complex macromolecular strings, as are the metabolic units, the proteins. Neurons, the basic elements of cognitive networks, themselves are cells. In those mentioned and in other complex systems, it is an important feature that the potential complexity of the behaviour of the individual agents gets dramatically simplified through the global interactions within the system. The individual degrees of freedom are drastically reduced, or, in a more formal terminology, the factual space of the system is much smaller than the product of the state space of the individual elements. That is one key aspect. The other one is that on this basis, that is utilizing the coordination between the activities of its members, the system then becomes able to develop and express a coherent structure at a higher level, that is, an emergent behaviour (and emergent properties) that transcends what each element is individually capable of. (shrink)

Ontology is the study of what there is, what kinds of things make up reality. Ontology seems to be a very difficult, rather speculative discipline. However, it is trivial to conclude that there are properties, propositions and numbers, starting from only necessarily true or analytic premises. This gives rise to a puzzle about how hard ontological questions are, and relates to a puzzle about how important they are. And it produces the ontologyobjectivity dilemma: either (certain) ontological questions can be (...) trivially answered using only uncontroversial premises, or the uncertainties of ontology are really a threat to the truth of basically everything we say or believe. The main aim of this dissertation is to resolve these puzzles and to shed some light on the discipline of ontology. I defend a view inspired by Carnap’s internal-external distinction about what there is, but one according to which both internal and external questions are fully factual and meaningful. In particular, I argue that the trivial arguments are valid, but they do not answer any ontological questions. Furthermore, I propose an account of the function of our talk about properties, propositions and natural numbers. According to this account our talk about them has no ontological presuppositions for its literal and objective truth. This avoids the ontology-objectivity dilemma, and solves the puzzles about ontology. To do this I look at quantification and noun phrases in general, and at their relation to ontology. I argue that quantifiers are semantically underspecified in a certain respect, and play two different roles in communication. I discuss the relation between syntactic form and information structure, the function of certain non-referential, non-quantificational noun phrases, the uses of bare number determiners, and how arithmetic truths are learned and taught. The more metaphysical issues discussed include: inexpressible properties, logicism about arithmetic, nominalism, Carnap’s view about ontology, the problem of universals, the relationship between ontology and objectivity, different projects within ontology, non-existent.... (shrink)

Twentieth century philosophy began with the rejection of naturalism. Many modern philosophers had assumed that their subject was continuous with the sciences, and that facts about human nature and other such information were relevant to the great questions of ethics, logic, and knowledge. Against this, Frege argued that “psychologism” in logic was a mistake. Logic, he said, is an autonomous subject with its own standards of truth and falsity, and those standards have nothing to do with how the mind works (...) or with any other natural facts. Then, in the first important book of twentieth century ethics, Principia Ethica, G. E. Moore also identified naturalism as the fundamental philosophical mistake. Moore argued that equating goodness with any of the natural properties of things is “inconsistent with the possibility of any Ethics whatsoever”. Frege, Moore, and other like-minded thinkers inaugurated a period in which logic and language were the dominant philosophical subjects and confusing conceptual with factual issues was the greatest philosophical sin. During this period, philosophy was thought to be independent of the sciences. This may seem a strange notion, especially where ethics is concerned. One might expect moral philosophers to work in the context of information provided by psychology, which describes the nature of human thinking and motivation; sociology and anthropology, which describe the forms of human social life; history, which traces the development of moral beliefs and practices; and evolutionary biology, which tells us something about the nature and origins of human beings. But all these subjects were counted as irrelevant to the philosophical understanding of morality. (shrink)

Bell's theorem is believed to establish that the quantum mechanical predictions do not generally admit a causal representation compatible with Einsten's principle of separability, thereby proving incompatibility between quantum mechanics and relativity. This interpretation is contested via two convergent approaches which lead to a sharp distinction between quantum nonseparability and violation of Einstein's theory of relativity.In a first approach we explicate from the quantum mechanical formalism a concept of “reflected dependence.” Founded on this concept, we produce a causal representation of (...) the quantum mechanical probability measure involved in Bell's proof, which is clearly separable in Einstein's sense, i.e., it does not involve supraluminal velocities, and nevertheless is “nonlocal” in Bell's sense. So Bell locality and Einstein separability aredistinct qualifications, and Bell nonlocality (or Bell nonseparability) and Einstein separability arenot incompatible. It is then proved explicitly that with respect to the mentioned representation Bell's derivation does not hold. So Bell's derivation does notestablish thatany Einstein-separable representation is incompatible with quantum mechanics. This first—negative—conclusion is asyntactic fact.The characteristics of the representation and of the reasoning involved in the mentioned counterexample to the usual interpretation of Bell's theorem suggest that the representation used—notwithstanding its ability to bring forth the specified syntactic fact—isnot factually true. Factual truth and syntactic properties also have to be radically distinguished in their turn. So, in a second approach, starting from de Broglie's initial relativistic model of a microsystem, a deeper, factually acceptable representation is constructed. The analyses leading to this second representation show that quantum mechanics does indeed involve basically a certain sort of nonseparability, called here de Broglie-Bohr quantum nonseparability. But the de Broglie-Bohr quantum nonseparability is shown to stem directly from the relativistic character of the considerations which led Louis de Broglie to the fundamental relation p = h/λ,thereby being essentially consistent with relativity. As to Einstein separability, it appears to be a still insufficiently specified conceptof which a future, improved specification, will probably be explicitly harmonizable with the de Broglie-Bohr quantum nonseparability.The ensemble of the conclusions obtained here brings forth a new concept of causality, a concept offolded, zigzag, reflexive causality, with respect to which the type of causality conceived of up to now appears as aparticular case of outstretched, one-way causality. The reflexive causality is found compatible with the results of Aspect's experiment, and it suggests new experiments.Considered globally, the conclusions obtained in the present work might convert the conceptual situation created by Bell's proof into a process of unification of quantum mechanics and relativity. (shrink)

This paper argues that Nonreductive ethical naturalism is a viable approach to normative ethical theory. Central to Nonreductive ethical naturalism is the identification of moral properties with natural ones. Natural properties are objective and pertain to facts. It follows that moral properties are factual in nature. In the proposed theory pain and harm are the natural properties that are also moral in nature. Pain and harm are not identical. Pain is the chief indicator of harm. (...) The concept of harm entails injury. Injury to an individual is both a factual and moral issue. The well-being of individuals constitutes the foundation of morality. Consequently, that which runs counter to an individual's well-being is what we mean by evil. It follows that injury is evil and its intentional infliction upon other people is morally evil. The factual nature of ethical properties provides the basis for universal agreement on which forms of behavior are evil. As such, acceptance of this theory would go a long way in resolving many of the global problems that confront us all at the onset of the 2 1 s t century. (shrink)

The analysis of personal identity over time (personal persistence) in terms of properties of the first-person perspective has been neglected for quite a while. However, there seems to be an interesting relation between experiential features on the one hand and the notion of personal persistence on the other hand. This idea is famously spelled out in an argument introduced by Barry Dainton (2000; 2005; 2008), according to which diachronic personal persistence con- sists in experiential continuity (stream of consciousness). This (...) paper challenges one central claim of the argument, whose main target is to ward off the threat of factual interruptions in the stream of consciousness. It will be objected that this problem cannot be properly solved. However, the relevance of experiential features to personal persistence can be shown if one leaves behind the question of criteria of personal identity over time and instead turns to the question of what it means to have a sense of self-identity over time. It will be argued that not only experiential continuity but also experiential features of episodic memory characterise the sense of self-identity over time. (shrink)

Standardly, the usual approach to rationality is based on the notion of ‘being a reason for’. Honouring the traditional distinction between practical and theoretical philosophy, reasons are classified as justificative and explicative. In both cases, a reason-statement has the form ‘’. For reasons of type , ‘A’ is a factual statement and ‘B’ is a statement which describes an action of the agent. The reason-statement has a prescriptive sense because ‘A is a reason for doing B’ means ‘A is (...) a reason an agent ought to do B’. So, it is advisable to schematize that kind of statements as ‘’, where ‘OB’ is a deontic statement prescribing the duty to do B. Reasons of type have a descriptive sense and do not require the above-mentioned constraint. But ‘being a reason for’ has different senses according to context, even when the distinction between justificative and explicative reasons is drawn. Accordingly, it is important to distinguish two basic types of reasons: sufficient and necessary, and two subordinate types of reasons: contributing and substitutive . A lot of attention has been paid, lately, to a sense of contributive reasons: prima facie reasons . The paper will deal with that kind of reasons. Its main thesis are: 1) prima facie reason-statements are defeasible conditionals ‘’ pointing out that A is a contributing condition of B, 2) a defeasible conditional has the properties of ‘’, where ‘ =>’ is a strict implication and ‘f’’ a revision-operator satisfying the conditions set up by the theory AGM on the rational change of theories. (shrink)