ABSTRACTA recent consequentialist resurgence in transnational legal scholarship urges judges in cases involving authoritative texts to make decisions based on which outcomes will be best for society. Some consequentialist scholars assert that judges should openly disclose these reasons, while others advocate replacing them with any plausible argument employing the traditional language of interpretation. This article argues that making consequentialism the primary basis for judicial decision-making runs counter to the long history of legal interpretation, is contrary to the insights (...) of modern decision science, and raises significant separation of powers issues, even when it is fully disclosed. Covert consequentialism is even less likely to lead to good consequences, and it poses substantial threats to both the separation of powers and the rule of law. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2015 Heft: 206 Seiten: 37-61.

Hegel aims to defend a system of philosophy. So interpreters should consider what is required to interpret this specifically as a system. Once we are clear about this, I argue, we can see what would be involved in reading Hegel’s philosophy as a kind of metatheory. This allows discerning the strongest way of developing a reading of Hegel’s philosophy as a metatheory. But it also brings out reasons to avoid even the strongest version of that approach, or reasons to read (...) Hegel’s philosophy as metaphysics rather than metatheory. (shrink)

There is a recent scholarly trend drawing similarities between Aristotle’s conceptions of ethics and demonstrative science. One such similarity has become widely and rightly recognized: for Aristotle both ethics and demonstrative science seek essential definitions of phenomena. The task of the paper is to show that German philosopher and classicist Hans-Georg Gadamer not only prefigured this interpretative trend, he also identified a problematic feature of Aristotle’s method so construed. The problematic feature is semantic. For Aristotle essential definitions must consist of (...) univocal terms, but such univocity cannot be maintained if the definienda and definientes are concepts to be usefully employed in everyday ethical judgements. Gadamer therefore points out a problematic tension in Aristotle’s ethics. On the one hand, ethical inquiry should have practical application, but, on the other hand, the semantic assumptions underlying inquiry imply that it cannot. (shrink)

In this paper I investigate, within the framework of realistic interpretations of the wave function in nonrelativistic quantum mechanics, the mathematical and physical nature of the wave function. I argue against the view that mathematically the wave function is a two-component scalar field on configuration space. First, I review how this view makes quantum mechanics non- Galilei invariant and yields the wrong classical limit. Moreover, I argue that interpreting the wave function as a ray, in agreement many physicists, Galilei invariance (...) is preserved. In addition, I discuss how the wave function behaves more similarly to a gauge potential than to a field. Finally I show how this favors a nomological rather than an ontological view of the wave function. (shrink)

BackgroundThe German guidelines for liver transplantation stipulate that every patient with alcohol-related liver disease needs to prove evidence of a 6-month abstinence period before they can be admitted to the waiting list for liver transplantation. This internationally widespread abstinence rule has been criticised as it prevents patients at least temporarily from receiving an effective and potentially life-saving therapy. This poses the question of how this abstinence rule is depicted and justified by transplantation professionals.ArgumentsIn case of the 6‑month abstinence rule, guidelines (...) are used as a tool for rationing health care. Four frames of interpretation can be reconstructed from the ethical and medical literature. Each linguistically mediated frame offers a different representation of the 6‑month abstinence rule. According to these different framings, the 6‑month waiting period is depicted (1) as a diagnostic tool to determine the regenerative capacity of the liver, (2) as a prognostic tool to determine the prospects of success of a transplantation, and (3) to determine the drinking behaviour after transplantation. In a further context, the abstinence rule (4) is interpreted as an expression of an obligation to avoid behaviour harmful to health.ConclusionThese four frames provide linguistically mediated patterns of interpretation that are used by different actors to limit the indication for liver transplantation. They give rise to different ethical questions that allow a systematic ethical assessment of the 6‑month abstinence rule. (shrink)

In 1959, Lao Sze-Kwang (1927 – 2012), a well-known Chinese Kantian philosopher and author of the New Edition of the History of Chinese Philosophy, published On Existentialist Philosophy introducing existential philosophers to Chinese readers. This paper argues that Lao misinterpreted Kierkegaard’s ultimate philosophical quest of “how to become a Christian” as a question of ‘virtue completion,’ because he failed to recognize and acknowledge Kierkegaard’s distinction between aesthetic, moral and religious passion. By describing and clarifying Lao’s misinterpretation, the paper then argues (...) that Lao’s trichotomy of the self fails to give due credit to the independence of religiousness from morality and aesthetics in Kierkegaard’s thought. (shrink)

In recent years, there has been an increasing interest on the notion of freedom as non-domination, according to which a subject is free to the extent that no agent has the capacity to arbitrarily interfere on his actions. Now, the most common way of interpreting the notion of freedom as non-domination restricts its applicability to cases where particular agents can intentionally and arbitrarily interfere on a subject�s affairs. In this paper, I present an argument which shows that the standard conception (...) of freedom as non-domination is too restrictive, and that this notion can be extended so as to as to ground a critical point of view on economic and social inequalities. (shrink)

This is a philosophical investigation of the nature of the limits of thought. Drawing on recent developments in the field of logic, Graham Priest shows that the description of such limits leads to contradiction, and argues that these contradictions are in fact veridical. Beginning with an analysis of the way in which these limits arise in pre-Kantian philosophy, Priest goes on to illustrate how the nature of these limits was theorised by Kant and Hegel. He offers (...) new interpretations of Berkeley's master argument for idealism and Kant on the antimonies. He explores the paradoxes of self reference, and provides a unified account of the structure of such paradoxes. The book concludes by tracing the theme of the limits of thought in modern philosophy of language, including discussions of the ideas of Wittgenstein and Derrida. (shrink)

Based on a close reading of Fides et Ratio and Salvifici Doloris, this paper argues that John Paul II challenges the power and range of metaphysical reason in certain neglected passages. Such challenges include the critique of the idolatry of philosophical systems, the emphasis on the irreducible mystery of God, and the rejection of efforts to construct a theodicy in the face of human suffering. The challenge especially emerges in John Paul II’s emphasis on the Cross as a stumbling block (...) to metaphysical affirmation. Against certain rationalistic interpretations of the Pope, this paper attempts to excavate the critique of metaphysical reason embedded in John Paul II’s arguments on the limits of philosophical speculation. (shrink)

Vulnerability is one of the least examined concepts in research ethics. Vulnerability was linked in the Belmont Report to questions of justice in the selection of subjects. Regulations and policy documents regarding the ethical conduct of research have focused on vulnerability in terms of limitations of the capacity to provide informed consent. Other interpretations of vulnerability have emphasized unequal power relationships between politically and economically disadvantaged groups and investigators or sponsors. So many groups are now considered to be vulnerable in (...) the context of research, particularly international research, that the concept has lost force. In addition, classifying groups as vulnerable not only stereotypes them, but also may not reliably protect many individuals from harm. Certain individuals require ongoing protections of the kind already established in law and regulation, but attention must also be focused on characteristics of the research protocol and environment that present ethical challenges. (shrink)

Theology is based on God's true and unchanging Word, but does it supply an unwavering foundation for spiritual certainties? Brush contends that it does not, because, like science, theology is a human discipline and subject to our limitations of knowledge, interpretation, and objectivity. In part one, Brush unpacks this contention, showing how Christians both past and present have arrived at conclusions that actually run counter to biblical teaching, and how these interpretive viewpoints have changed over time. In part two, (...) he makes the case that flawed theological positions have resulted in views that needlessly conflict with science, and that these clashes can be resolved with more accurate formulations. Brush evenly evaluates questions including the age of the earth, the origin of life, and the end of time."--Publisher. (shrink)

This is a contribution to a Book symposium on The Limits of Free Will: Selected Essays by Paul Russell. Russell provides replies to three critics of The Limits of Free Will. The first reply is to Robert Wallace and focuses on the question of whether there is a conflict between the core compatibilist and pessimist components of the "critical compatibilist" position that Russell has advanced. The second reply is to Angela Smith's discussion of the "narrow" interpretation of (...) moral responsibility responsibility (as defended by R. Jay Wallace) and how best to respond to it. The third and last reply is concerned with Christopher Bennett's criticism of Russell's views concerning "motivational scepticism" and the possibility of pure practical reasons. (shrink)

Eco says that which cannot be theorized must be narrated. What about that which cannot be narrated? What must we do about the limits of interpretation, especially as narration. This review essay takes a method from Giambattista Vico and applies it to the interpretation of Laurent Binet’s portrayal of Umberto Eco in his novel The Seventh Function of Language. Comparing the character of Eco with the thought of the historical Eco we find coincidences and other angles at (...) incidence that reveal some portion of Binet’s underlying interpretation of Eco, and it limits. (shrink)

Constitution is an exclusive legal document, and its interpretation is a process – a continuous work of explanation of its content, the end and qualitative perfection of which may only be considered taking into account the limits of intellectual potential of the particular time. The interpretation of constitution is a permanent process, which is influenced and determined by plenty of conceptual factors. Firstly the supreme juridical power of the constitution as well as its integrity determines the opportunities (...) of its interpreter and applier. Integrity of the constitution is considered to be the legal, philosophical, logical integrity of its norms, which determines an obligation of its interpreter to perceive this legal act as an integral unit, i.e. not only as a catalogue of particular values, but also as a balance of these values. All the constitutional expressis verbis provisions are equal in its’ juridical power, that is why they do not negate each other, on the contrary – each of them only complement others’ content. Besides, it is important to mention that exceptional juridical power of the constitution determines its interpretational self-sufficiency. Constitution can not be interpreted invoking the content of the acts of lower juridical power. (shrink)

The first half of this article is critical: it develops an interpretation of Kant as trying, and failing, to limit our judgments to phenomena and abstain from making claims about noumena, and an interpretation of Wittgenstein as trying, and failing, to develop a theory of meaning that abstains from attempting to say the unsayable. On the reading offered, both Kant and Wittgenstein find themselves saying things that by their own lights cannot be said: in Kant’s case, claims about (...) noumena, and in Wittgenstein’s case, structural claims. While Kant attempts a solution of the problem which also fails, Wittgenstein bites the bullet and leaves his Tractatus, for the most part, void and meaningless. The suggested response is a dialetheic approach—either as an alternative or, potentially, as an amendment to a Kantian or Wittgensteinian theory. According to this approach, certain problems in philosophy arise from true contradictions and thus require a theory that makes sense of contradiction. A subgroup of these problems (among them the noumenal and structural issues in Kant and Wittgenstein) are about things that both are and are not ineffable. The second half of the paper develops a dialetheic account of ineffability and a concise formal theory to ensure that contradiction at the limits of language does not spread to other areas. (shrink)

Radical interpretation is used by Davison in his linguistic theory not only as an interesting thought experiment but also a general pattern that is believed to be able to give an essential and general account of linguistic interpretation. If the principle of charity is absolutely necessary to radical interpretation, it becomes, in this sense, a general methodological principle. However, radical interpretation is a local pattern that is proper only for exploring certain interpretation in a specific (...) case, and consequently the principle of charity is an applicable principle in the limited scope. It is neither the case that every linguistic interpretation is in nature radical nor that the principle of charity is the primary and fundamental principle for all linguistic interpretation as Davidson believes. (shrink)

The limit of language is one of the most pervasive notions found in Wittgenstein's work, both in his early Tractatus Logico-Philosophicus and his later writings. Moreover, the idea of a limit of language is intimately related to important scholarly debates on Wittgenstein's philosophy, such as the debate between the so-called traditional and resolute interpretations, Wittgenstein's stance on transcendental idealism, and the philosophical import of Wittgenstein's latest work On Certainty. This collection includes thirteen original essays that provide a comprehensive overview of (...) the various ways in which Wittgenstein appeals to the limit of language at different stages of his philosophical development. The essays connect the idea of a limit of language to the most important themes discussed by Wittgenstein--his conception of logic and grammar, the method of philosophy, the nature of the subject, and the foundations of knowledge--as well as his views on ethics, aesthetics, and religion. The essays also relate Wittgenstein's thought to his contemporaries, including Carnap, Frege, Heidegger, Levinas, and Moore. (shrink)

This book discusses Locke's theory of property from both a critical and an interpretative standpoint. The author first develops a comprehensive interpretation of Locke's argument for the legitimacy of private property, and then examines the extent to which the argument is really serviceable in defense of that institution. He contends that a purified version of Locke's argument--one that adheres consistently to the logic of Locke's text while excluding considerations extraneous to his logic--actually does establish the legitimacy of a form (...) of private property. This version, which is both defensible in contemporary, secular terms and is, essentially, egalitarian, should provoke a reassessment of the nature of Locke's relevance to contemporary discussions of distributive justice. (shrink)

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...) constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

This chapter contains sections titled: How to Read the Tractatus Recognizing Metaphysics as Senseless Logic as Mirror of the World The Self, the Subject, the I Ethics.

The articles in this volume represent a part of the philosophical literature on higher-order logic and the Skolem paradox. They ask the question what is second-order logic? and examine various interpretations of the Lowenheim-Skolem theorem.

The paper is concerned with the development of the paradoxical theme of Daoism. Based on Chad Hansen's interpretation of Daoism and Chinese philosophy in general, it traces the history of Daoism by following their treatment of the limit of language. The Daoists seem to have noticed that there is a limit to what language can do and that the limit of language is paradoxical. The 'theoretical' treatment of the paradox of the limit of language matures as Daoism develops. Yet (...) the Daoists seem to have noticed that the limit of language and its paradoxical nature cannot be overcome. At the end, we are left with the paradoxes of the Daoists. In this paper, we jump into the abyss of the Daoists' paradoxes from which there is no escape. But the Daoists' paradoxes are fun! (shrink)

In Foucault’s theoretical writings, the problem of experience occurs in two shapes: his discussions of “limit-experience” and his definition of “experience.” In this article, I propose an interpretation of the concept of “limit-experience” in Foucault’s historiography according to which experience is already limit-experience, and not its static and confining other. I claim that Foucault’s concept of experience involves spatially and temporally indexed, rule-governed practices and that his interrogation of experience becomes critical not by referring to some other of reason (...) but by rendering visible the flip side of the limits of our own space of reasons. The argument in support of my interpretation of Foucault develops in two parts: 1) Foucault’s “methodology” should be seen not as historicizing the transcendental, but as giving it up. 2) This renunciation of the transcendental is nonetheless only intelligible and motivated against the background of the problematic of experience in Kant and Hegel. It thereby becomes possible to provide not a foundation but a justification for a Foucaultian critique of the limits of experience. (shrink)

The cognitive revolution in psychology was a significant advance in our thinking about the mind. Philosophers and social scientists have looked to the cognitive sciences with the hope that the social world will yield to similar explanatory strategies. Dan Sperber has argued for a programme that would conceptualize the entire domain of anthropological theory in cognitive terms. Sperber's 'epidemiology' specifically excludes interpretive, structuralist and functionalist theories. This essay evaluates Sperber's epidemiological approach to anthropological theory. It argues that as a programme (...) for anthropological theorizing, Sperber's epidemiology could not be empirically grounded. Cognitive explanations depend on prior interpretations. While interpretation is a kind of theorizing, it cannot be assimilated to cognitive explanation. The essay concludes by sketching an explanatory coherence framework in which ethnographic interpretation and cognitive explanation are seen as parts of a unified body of anthropological theorizing. (shrink)

The concept of biological information, and information in general, usually presupposes a purely quantitative view of reality. Even though actualist quantification has an important place in the description of the world, a nominalistic stance that tries to simplify reality in purely actualist terms inevitably runs into inconsistencies; these inconsistencies have been pointed out by the critical assessments of the notion of biological information. Rather than calling for an abandonment of the informational terminology, we try to rethink information as a part (...) of an event, the description of which cannot be exhausted by a physicalist, mechanistic, temporally static view of reality. Reconceptualizing the notion of biological information in terms of a process of interpretation rather than as an informational object allows us to transcend the limitations imposed by an analysis of reality that depends on a fixed, finite structure of outcome. Thus, we argue that measuring biological information is intrinsically problematic. (shrink)