Several theories of presupposition projection predict that some sentences which intuitively yield unconditional presuppositions should have weaker, conditional ones. For instance, If John is realistic, he knows that he is incompetent is predicted to have the presupposition that if John is realistic, he is incompetent, whereas one certainly infers that John is in fact incompetent. We summarize some difficulties faced by three solutions, DRT, Singh’s ‘Formal Alternatives’, and Singh’s ‘Interacting Alternatives’; we then offer a new analysis which is compatible with (...) several semantic theories of projection, and which does not require the addition of a new representational module. In essence, we obtain unconditional inferences by assuming that speakers may ignore certain parts of a sentence when they accommodate a presupposition—presumably to simplify their computational work. They do so by adding to the context an assumption that would satisfy the presupposition of the sentence no matter which meaning some of its elements have. Depending on which elements are ignored in this way, a variety of strengthened presuppositions are obtained. We speculate on a possible mechanism (which follows some of Singh’s earlier ideas) to determine which of these strengthened inferences are in fact obtained. The analysis correctly predicts some new instances of the Proviso Problem in quantificational examples. (shrink)

This note presents challenge cases for prominent pragmatic responses to the proviso problem. I offer examples of uses of conditionals _if_ \(\psi,\,\phi_{P}\) that seem to commit the speaker unconditionally to the presupposition _P_ of the consequent clause _ϕ_, even though the sentence’s predicted semantic presupposition _ψ_⊃_P_ is antecedently satisfied (contrary to context-repair accounts), and independence between _ψ_ and _P_ isn’t antecedently assumed (contrary to independence-driven accounts). The examples provided avoid problems with other examples from the literature used against (...) pragmatic accounts. I leave the matter as an unresolved challenge for satisfaction theories of presupposition. (shrink)

Hempel and Giere contend that the existence of provisos poses grave difficulties for any regularity account of physical law. However, Hempel and Giere rely upon a mistaken conception of the way in which statements acquire their content. By correcting this mistake, I remove the problem Hempel and Giere identify but reveal a different problem that provisos pose for a regularity account — indeed, for any account of physical law according to which the state of affairs described by a (...) law-statement presupposes a Humean regularity. These considerations suggest a normative analysis of law-statements. On this view, law-statements are not distinguished from accidental generalizations by the kind of Humean regularities they describe because a law-statement need not describe any Humean regularity. Rather, a law-statement says that in certain contexts, one ought to regard the assertion of a given type of claim, if made with justification, as a proper way to justify a claim of a certain other kind. (shrink)

Much of the literature on "ceteris paribus" laws is based on a misguided egalitarianism about the sciences. For example, it is commonly held that the special sciences are riddled with ceteris paribus laws; from this many commentators conclude that if the special sciences are not to be accorded a second class status, it must be ceteris paribus all the way down to fundamental physics. We argue that the (purported) laws of fundamental physics are not hedged by ceteris paribus clauses and (...) provisos. Furthermore, we show that not only is there no persuasive analysis of the truth conditions for ceteris paribus laws, there is not even an acceptable account of how they are to be saved from triviality or how they are to be melded with standard scientific methodology. Our way out of this unsatisfactory situation to reject the widespread notion that the achievements and the scientific status of the special sciences must be understood in terms of ceteris paribus laws. (shrink)

In their influential paper “Ceteris Paribus, There is No Problem of Provisos”, Earman and Roberts (Synthese 118:439–478, 1999) propose to interpret the non-strict generalizations of the special sciences as statistical generalizations about correlations. I call this view the “statistical account”. Earman and Roberts claim that statistical generalizations are not qualified by “non-lazy” ceteris paribus conditions. The statistical account is an attractive view, since it looks exactly like what everybody wants: it is a simple and intelligible theory of special science (...) laws without the need for mysterious ceteris paribus conditions. I present two challenges to the statistical account. According to the first challenge, the statistical account does not get rid of so-called “non-lazy” ceteris paribus conditions. This result undermines one of the alleged and central advantages of the statistical account. The second challenge is that the statistical account, qua general theory of special science laws, is weakened by the fact that idealized law statements resist a purely statistical interpretation. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of (...) the structure of Proviso arguments, supports a new theory of how territorial claims can be positive-sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of (...) the structure of Proviso arguments, supports a new theory of how territorial claims can be positive‐sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

The problem of ceteris paribus clauses and Hempel’s problem of provisos are closely-related difficulties. Both challenge advocates of accounts of scientific theories involving laws understood as universal generalizations, and they have been treated as identical problems. Earman and Roberts argue that the problems are distinct. Towards arguing against them, I characterize the relationship between Hempel’s provisos and one way of expressing ceteris paribus clauses. I then describe the relationship between the problems attributed to the clauses, suggesting that they (...) form a single problem-cluster. However, Hempel’s way of formulating provisos and discussing what they involve entangles provisos with the problem of skepticism. This creates a departure in Hempel’s discussion of provisos from the distinctive problem of vacuity which characterizes the problem of ceteris paribus clauses, though for different reasons than Earman and Roberts suggest. (shrink)

I argue in this paper that Locke and contemporary Lockeans underestimate the problems involved in their frequent, implicit assumption that when we apply the proviso we use the latest scientific knowledge of natural resources, technology, and the economy’s operations. Problematic for these theories is that much of the pertinent knowledge used is obtained through particular persons’ labor. If the knowledge obtained through individuals’ labor must be made available to everyone and if particular persons’ new knowledge affects the proviso’s (...) proper application, then some end up without freedom to pursue their own ends and some find their freedom subject to others’ arbitrary will. (shrink)

Response-dependence theses are usually formulated in terms of a priori true biconditionals of roughly the form ‘something, x, falls under the concept ‘F’ ↔ x would elicit response R from subjects S under conditions C’. Such formulations are vulnerable to conditional fallacy problems; counterexamples threaten whenever the C-conditions’ coming to obtain might alter the object with respect to F. Crispin Wright has suggested that such problems can be avoided by placing the C-conditions in a proviso. This ensures that any (...) changes triggered by the C-conditions’ coming to obtain will be irrelevant to the truth of the biconditional. I argue that this move leaves the equations vulnerable to counterexamples of a slightly different kind : Cases where the change is triggered, not by the C-conditions’ coming to obtain, but by the response. I consider two ways to resist these counterexamples, and argue that both are insufficient. The upshot is a challenge that must be met if provisoed biconditionals are to serve their purpose. (shrink)

Response-dependence theses are usually formulated in terms of a priori true biconditionals of roughly the form 'something, x, falls under the concept 'F' ↔ x would elicit response R from subjects S under conditions C'. Such formulations are vulnerable to conditional fallacy problems; counterexamples threaten whenever the C-conditions' coming to obtain might alter the object with respect to F. Crispin Wright has suggested that such problems can be avoided by placing the C-conditions in a proviso. This ensures that any (...) changes triggered by the C-conditions' coming to obtain will be irrelevant to the truth of the biconditional. I argue that this move leaves the equations vulnerable to counterexamples of a slightly different kind: Cases where the change is triggered, not by the C-conditions' coming to obtain, but by the response. I consider two ways to resist these counterexamples, and argue that both are insufficient. The upshot is a challenge that must be met if provisoed biconditionals are to serve their purpose. (shrink)

Habermas’ ‘ethics of citizenship’ raises a number of relevant concerns about the dangers of a secularistic exclusion of religious contributions to public deliberation, on the one hand, and the dangers of religious conflict and sectarianism in politics, on the other. Agreeing largely with these concerns, the paper identities four problems with Habermas’ approach, and attempts to overcome them: the full exclusion of religious reasons from parliamentary debate; the full inclusion of religious reasons in the informal public sphere; the philosophical distinction (...) between secular and religious reasons; and the sociological distinction between ‘Western’ and ‘non-Western’ religions. The result is a revised version of the ethics of citizenship, which I call moderate inclusivism. Most notably, moderate inclusivism implies a replacement of Habermas’ ‘institutional translation proviso’ with a more flexible ‘conversational translation proviso’. (shrink)

While Rawls himself put contractualism to work at the national level, his more cosmopolitan followers have argued that the full requirements of international justice can be reached only by way of a global contractualist argument. Both positions neglect a resource from within the contractualist tradition, The need for iteration of the nation-level contract gives rise to strong and reasonably definite moral requirements. A good-faith adoption of the contractual argument entails, first, a duty to assist those whose potential recourse to just (...) arrangements is blocked by tyranny or political collapse. Second, understood as a net risk-reducing project, a nation-level contract entails a duty not to impede the iterated risk-reduction projects of other national soceties. Envisaging the duty in this contractualist way avoids problems that beset both "natural duty" and "interactionist" approaches to international justice. The non-impedance requirement bears especially on international economic arrangements. The institutional representation of those affected by such arrangements would connect this abstract requirement with practical conclusions. (shrink)

The core idea of libertarianism, considered as a basic moral theory, is that people have certain negative rights and that those rights determine morally right action. Libertarianism is supposed to provide robust explanations to some of our intuitions, such as that it is wrong to steal, kill, rape or enslave other people. However, its exclusive focus on negative rights (i.e., rights to non-interference) makes it incapable of explaining some other intuitions, such as that the utterly rich should help the utterly (...) poor. Although libertarianism can explain why we should never do bad to others, it cannot explain why we should sometimes do good to others. For this reason, libertarianism is not satisfactory as it stands. A natural suggestion, therefore, is that we should either abandon libertarianism in favor of some of its better faring rivals, or revise the theory in order to get rid of the features that make it unsatisfactory. This paper proposes a new libertarian theory of morality: a theory that endorses a utilitarian proviso for use of external resources. I call this theory mid-libertarianism. The basic idea of mid-libertarianism is that individuals are free to do as they want as long as they do not violate the rights of others, given that they maximize utility whenever they use external resources. The paper is divided into four main sections. In this frst section, I introduce mid-libertarianism as a normative ethical theory. In the second main section, I put forward the key arguments for mid-libertarianism, which are, roughly, that it maintains the main explanatory powers of existing versions of libertarianism, while it avoids some of the most severe problems that these theories face. In the third section, I answer some potential objections to midlibertarianism. In the fourth section, I conclude that mid-libertarianism deserves to be taken seriously as a new contender in the normative ethics debate. (shrink)

The aim of this paper is to explore the split between two kinds of reasoning – non-public (culturally dependent) and public (characteristic for the procedures of policy design and, more generally, of taking generally binding decisions within the institutions of power). A largely acknowledged problem is that attempts to influence the public policies from the positions of cultural communities cannot be rationally substantiated because the arguments used are in most cases not recognized as valid by the general public, which (...) does not share the particular beliefs and assumptions that guide reasoning in a contextually “embedded” cultural environment. This “barrier” between non-public and public reasoning is hindering the progress of recognizing minority rights and allowing the input of religiously inspired ideas into public life, to say the least. More concretely, my purpose is to point out certain philosophical debates which can provide, in my opinion,theoretical “instruments” that might help reconceptualize the possibilities for communication between the nonpublic and the public domains. I mean first of all, but not only, the theories of political liberalism and deliberative democracy as well as the differentiation between “substantivist” and “procedural” kinds of discourse. (shrink)

One of the most important theses of Existential Thomism is that contingent things are composed of essence and existence. The thesis is immediately supplemented by a proviso that these components are not parts in the regular sense of the word. Essence and existence are not extended pieces of the thing which can be detached from it. They are inseparable aspects of the thing wherein inseparability is understood as a sort of dependence. In my paper I analyze the thesis of (...) the inseparability of existence. For me this is untenable. I argue that this inseparability blocks up the essential function ascribed by Thomists to existence: the function of making the thing real. Thus to save this function we are forced to export existence to outside the thing. It contradicts our deep belief that existence is the most intimate aspect of the thing. Therefore the Thomistic analysis of existence seems to be invalid. (shrink)

The Proviso Problem is the discrepancy between the predictions of nearly every major theory of semantic presupposition about what is semantically presupposed by conditionals, disjunctions, and conjunctions, versus observations about what speakers of certain sentences are felt to be presupposing. I argue that the Proviso Problem is a more serious problem than has been widely recognized. After briefly describing the problem and two standard responses to it, I give a number of examples which, I (...) argue, show that those responses are inadequate. I conclude by briefly exploring alternate approaches to presupposition that avoid this problem. -/- . (shrink)

Two recent and influential papers, van Rooij 2007 and Lassiter 2012, propose solutions to the proviso problem that make central use of related notions of independence—qualitative in the first case, probabilistic in the second. We argue here that, if these solutions are to work, they must incorporate an implicit assumption about presupposition accommodation, namely that accommodation does not interfere with existing qualitative or probabilistic independencies. We show, however, that this assumption is implausible, as updating beliefs with conditional information (...) does not in general preserve independencies. We conclude that the approach taken by van Rooij and Lassiter does not succeed in resolving the proviso problem. (shrink)

According to Frege, we need a criterion for recognising when different sentences express the same thought to make progress in logic. He himself hedged his own equipollence criterion with a number of provisos. In the literature on Frege, little attention has been paid to the problems these provisos raise. In this paper, I will argue that Fregeans have ignored these provisos at their peril. For without these provisos, Frege’s criterion yields wrong results; but with the provisos in place, it is (...) of no use for Frege’s purposes. This is connected to what Frege took to be the ‘greatest difficulty for philosophy’: natural language sentences don’t just express thoughts; they convey evaluations and communicative hints. Because of this, Frege’s recognition criterion for thoughts cannot be applied to them and we cannot make logical progress by ‘recognising a thought in different linguistic guises’. (shrink)

I propose a new theory of semantic presupposition, which I call dissatisfaction theory. I first briefly review a cluster of problems − known collectively as the proviso problem − for most extant theories of presupposition, arguing that the main pragmatic response to them faces a serious challenge. I avoid these problems by adopting two changes in perspective on presupposition. First, I propose a theory of projection according to which presuppositions project unless they are locally entailed. Second, I reject (...) the standard assumption that presuppositions are contents which must be entailed by the input context; instead, I propose that presuppositions are contents which are marked as backgrounded. I show that, together, these commitments allow us to avoid the proviso problem altogether, and generally make plausible predictions about presupposition projection out of connectives and attitude predicates. I close by sketching a two-dimensional implementation of my theory which allows us to make further welcome predictions about attitude predicates and quantifiers. (shrink)

In this note, we reconstruct some results of the DRT analysis of presupposition projection within the theory of local contexts of Schlenker (2009). The latter offered a way to annotate every sentence with variables that denote the various local context sets that play a crucial role in Heim’s satisfaction theory (Heim 1983). In standard satisfaction theories, a presupposition must be entailed by its local context. Here we allow a presupposition to be indexed with other local contexts, and we propose, following (...) van der Sandt (1992) and Zeevat (1992), that presuppositions are preferably anaphoric to the highest possible context. The resulting analysis emulates some desirable results of DRT—notably its solution to the ‘Proviso Problem’ (Geurts 1999). But it arguably improves on DRT in some respects: it can generate genuine conditional presuppositions; and it yields more adequate results for some quantified examples. Several limitations of the theory—some of them quite severe—are also discussed. (shrink)

Sufficientarian libertarianism is a theory of justice that combines libertarianism’s focus on property rights and non-interference with sufficientarianism’s concern for the poor and needy. Persons are conceived as having stringent rights to direct their lives as they see fit, provided that everyone has enough to live a self-guided life. Yet there are different ways to combine libertarianism and sufficientarianism and hence different types of sufficientarian libertarianism. In the article I present and discuss three types, and I argue that the last (...) one overcomes the problems of the other two. The first type combines libertarianism with a sufficiency principle in what is sometimes called the ‘ethics of distribution’. The second incorporates modest welfare rights into a libertarian theory of justice. The third endorses a sufficientarian Lockean proviso for practices of private property within a libertarian theory of justice. I argue that it is superior to the others. (shrink)

The problem of simultaneous measurement of incompatible observables in quantum mechanics is studied on the one hand from the viewpoint of an axiomatic treatment of quantum mechanics and on the other hand starting from a theory of measurement. It is argued that it is precisely such a theory of measurement that should provide a meaning to the axiomatically introduced concepts, especially to the concept of observable. Defining an observable as a class of measurement procedures yielding a certain prescribed result (...) for the probability distribution of the set of values of some quantity (to be described by the set of eigenvalues of some Hermitian operator), this notion is extended to joint probability distributions of incompatible observables. It is shown that such an extension is possible on the basis of a theory of measurement, under the proviso that in simultaneously measuring such observables there is a disturbance of the measurement results of the one observable, caused by the presence of the measuring instrument of the other observable. This has as a consequence that the joint probability distribution cannot obey the marginal distribution laws usually imposed. This result is of great importance in exposing quantum mechanics as an axiomatized theory, since overlooking it seems to prohibit an axiomatic description of simultaneous measurement of incompatible observables by quantum mechanics. (shrink)

The problem of masking is widely regarded as a grave threat to the conditional analysis of dispositions. Unlike the difficulty arising in connection with finkish situations, the problem does not involve the (dis)appearance of a disposition upon the arrival of its activating conditions. Consequently, some promising responses to the finkish cases, in particular David Lewis's reformed analysis, are ill-equipped to deal with masks. I contend that the difficulty posed by masks can be surmounted by supplementing the counterfactual at (...) the heart of the conditional analysis with a ceteris paribus clause. In spelling out this idea, I first examine the issue of provisos in nomic statements. Then I show how the employment of the ceteris paribus clause escapes the objections that are often raised against it, including the charge that the clause cannot informatively capture all the possible masks of a disposition. (shrink)

The problem of masking is widely regarded as a grave threat to the conditional analysis of dispositions. Unlike the difficulty arising in connection with finkish situations, the problem does not involve the (dis)appearance of a disposition upon the arrival of its activating conditions. Consequently, some promising responses to the finkish cases, in particular David Lewis's reformed analysis, are ill‐equipped to deal with masks. I contend that the difficulty posed by masks can be surmounted by supplementing the counterfactual at (...) the heart of the conditional analysis with a ceteris paribus clause. In spelling out this idea, I first examine the issue of provisos in nomic statements. Then I show how the employment of the ceteris paribus clause escapes the objections that are often raised against it, including the charge that the clause cannot informatively capture all the possible masks of a disposition. (shrink)

In this article, I maintain that the social process of labour commodification, through which the individual capability to uphold a decent welfare is bound to participation in the labour market, poses a problem of justice from the republican prospective on freedom as non-domination. I first discuss the reasons we might hold that capitalism brings a form of systemic domination by virtue of one of its intrinsic features: unequal access to the means of production. Then, I argue for a minimum (...) de-commodification of labour power as a criterion of justice, adding that it should be conceived as a cosmopolitan proviso because states unfairly suffer from their limited economic capacity to neutralize capitalist systemic domination. Lastly, I compare the normative account of global justice that I am proposing in this article with sufficientarianism, with the capability approach, and with Thomas Pogge’s ‘Global Resources Dividend’. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)