Epistemology has taken a zetetic turn from the study of belief towards the study of inquiry. Several decades ago, theories of bounded rationality took a procedural turn from attitudes towards the processes of inquiry that produce them. What is the relationship between the zetetic and procedural turns? In this paper, I argue that we should treat the zetetic turn in epistemology as part of a broader procedural turn in the study of bounded rationality. (...) I use this claim to motivate and clarify the zetetic turn in epistemology, as well as to reveal the need for a second zetetic turn within practical philosophy. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, (...) we find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act was created. (...) This reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

We often remember in groups, yet research on collaborative recall finds “collaborative inhibition”: Recalling with others has costs compared to recalling alone. In related paradigms, remembering with others introduces errors into recall. We compared costs and benefits of two collaboration procedures—turn taking and consensus. First, 135 individuals learned a word list and recalled it alone (Recall 1). Then, 45 participants in three-member groups took turns to recall, 45 participants in three-member groups reached a consensus, and 45 participants recalled alone (...) but were analysed as three-member nominal groups (Recall 2). Finally, all participants recalled alone (Recall 3). Both turn-taking and consensus groups demonstrated the usual pattern of costs during collaboration and benefits after collaboration in terms of recall completeness. However, consensus groups, and not turn-taking groups, demonstrated clear benefits in terms of recall accuracy, both during and after collaboration. Consensus groups engaged in beneficial group source-monitoring processes. Our findings challenge assumptions about the negative consequences of social remembering. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at (...) best, we should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

As for most measurement procedures in the course of their development, measures of consciousness face the problem of coordination, i.e., the problem of knowing whether a measurement procedure actually measures what it is intended to measure. I focus on the case of the Perceptual Awareness Scale to illustrate how ignoring this problem leads to ambiguous interpretations of subjective reports in consciousness science. In turn, I show that empirical results based on this measurement procedure might be systematically misinterpreted.

Academia is a competitive environment. Early Career Researchers (ECRs) are limited in experience and resources and especially need achievements to secure and expand their careers. To help with these issues, this book offers a new approach for conducting research using the combination of mindsponge innovative thinking and Bayesian analytics. This is not just another analytics book. 1. A new perspective on psychological processes: Mindsponge is a novel approach for examining the human mind’s information processing mechanism. This conceptual framework is used (...) to construct models in studies. The framework is highly flexible and widely applicable for many different types of information processes. The mindsponge approach can help researchers discover interesting ideas or even formulate their very own theories when investigating psychosocial phenomena. This approach brings a fresh wind to the current landscape of social sciences and humanities (SSH). 2. Easy-to-follow analysis protocol: The Bayesian Mindsponge Framework (BMF analytics) is useful in terms of computing and visualizing power but also easy to learn and apply. Contrary to being intimidating, the Bayesian analytics section of this book is presented in a reader-friendly manner with a detailed yet clear step-by-step procedure. Examples are from published BMF articles, allowing readers to immediately practice the method and quickly create their own applications. With educational purposes in mind, the book is very suitable for ECRs who are looking to innovate their research methods. 3. Advocating for low-cost, high-quality research: Doing science can be very costly. Mindsponge innovative thinking and BMF analytics help produce impactful studies using openly available data on online repositories. This is based on the authors’ previous works and experiences. The book presents examples of employing the open R package bayesvl on secondary data from different sources. With less financial constraints, researchers can have more freedom of thought to pursue their curiosity and creativity. ECRs in low- and middle-income countries may find this aspect crucial in their careers. 4. Support and collaboration: The authors share their insights from experiences in the academic publishing system to help readers get through the processes of manuscript writing and peer-reviewing more easily. The authors are also ready to support other researchers with further inquiries and collaboration opportunities at the following website, mindsponge(dot)info. This book is for: a) ECRs whose only abundant resources are their innovation capacity and strength of will; b) Researchers in SSH who want to explore a novel approach to thinking and study conducting; c) Low- and middle-income countries’ researchers looking for a cost-effective research protocol; and, d) Innovative thinkers who want to turn their interesting thoughts into good publications. (shrink)

Axiom weakening is a novel technique that allows for fine-grained repair of inconsistent ontologies. In a multi-agent setting, integrating ontologies corresponding to multiple agents may lead to inconsistencies. Such inconsistencies can be resolved after the integrated ontology has been built, or their generation can be prevented during ontology generation. We implement and compare these two approaches. First, we study how to repair an inconsistent ontology resulting from a voting-based aggregation of views of heterogeneous agents. Second, we prevent the generation of (...) inconsistencies by letting the agents engage in a turn-based rational protocol about the axioms to be added to the integrated ontology. We instantiate the two approaches using real-world ontologies and compare them by measuring the levels of satisfaction of the agents w.r.t. the ontology obtained by the two procedures. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

In “Risk Based Passenger Screening in Aviation Security: Implications and Variants of a New Paradigm”, Sebastian Weydner-Volkmann describes the current paradigm shift from ‘traditional’ forms of screening to ‘risk based passenger screening’ (RBS) in aviation security. This paradigm shift is put in the context of the wider historical development of risk management approaches. Through a discussion of Michel Foucault, Herfried Münkler and Ulrich Beck, Weydner-Volkmann analyses the shortcomings of such approaches in public security policies, which become especially evident in the (...) aviation security context. As he shows, the turn towards methods of RBS can be seen as an attempt to address a trade-off ‘trilemma’ between the effective provision of security, the implied costs for industry and passengers, and the ethical, legal and societal implications of the screening procedures. In order to analyse foreseeable outcomes of embracing RBS, he differentiates three prototypical variants of the new paradigm on the basis of their main referent and rationale. For each variant, he then subsequently assesses the implications for the ‘trilemma’, after having unveiled the criteria of analysis that will necessarily have to be followed within a serious appraisal of RBS methods. (shrink)

For more than 200 years scholars have proceeded on the assumption that there was a controversy (in the sense of an argumentative exchange) between the bishop of Cork and Ross, Peter Browne (c. 1665–1735), and his nowadays more famous contemporary, the bishop of Cloyne, George Berkeley (1685–1753) about what we might call ‘the problem of divine attributes’. This problem concerns one of the most vexing issues for 17th /18th century Irish intellectuals. Simply put, it turns on two interconnected questions, namely (...) (1) an ontological question regarding God’s attributes and (2) a semantical question regarding the proper conception of analogy: -/- (1) Do God’s attributes only differ in degree or also in kind from their human counterparts? -/- (2) Is “analogical attribution” only concerned with the structure or the modus of the attribution? That is, is it a separate mode of speech (apart from the metaphorical and literal) or does it just mean we have to use analogies for our divine attributions? -/- In regard to the first question Berkeley argues the attributes of God and humans only differ in degree but not in kind (Alc. 4.22). Browne, on the other hand, is convinced that human and divine attributes differ in kind: “What Knowledge and Goodness are in the Nature of Man, that some inconceivable but correspondent Perfections are in the Nature of God […] which tho’ totally different in Kind from those Properties in us bearing the same Name” (Procedure, 138). Furthermore, Berkeley rejects the notion that analogical attribution is a separate mode of speech in addition to the literal and the metaphorical. Rather, it is an attribution made in the form of an analogy in which the words can be used literally or metaphorically (Alc. 4.21). By contrast, Browne repeatedly insists analogical attribution is more than just using analogies for attributing something to God. He thinks it is a separate mode of speech that ought to be distinguished from literal and metaphorical language (Procedure, 12, 23–29, 123–46). -/- Hence, there can be no doubt that Browne and Berkeley advance conflicting solutions to the problem of divine attributes. Yet, advancing disagreeing positions is not the same as having a (heated) argumentative exchange, i.e., a controversy. In contrast to the controversy-reading, I will defend the following view: Browne surely felt attacked by Berkeley’s elaborations in Alciphron (1732) and reacted to them in his Divine Analogy (1732/3). However, there was no argumentative exchange because Browne’s Procedure (1728) had virtually no influence on Berkeley when he was writing Alciphron. Furthermore, the available evidence suggests that Berkeley was indifferent to the (elaborate) criticisms of Alciphron found in Browne’s Divine Analogy. Thus, while the two bishops have differing positions and Browne reacted to Berkeley there is no reaction on Berkeley’s part and hence there is no argumentative exchange between the two at all, which is why their differing opinions are best described as such and not as a controversy. (shrink)

Suppose several individuals (e.g., experts on a panel) each assign probabilities to some events. How can these individual probability assignments be aggregated into a single collective probability assignment? This article reviews several proposed solutions to this problem. We focus on three salient proposals: linear pooling (the weighted or unweighted linear averaging of probabilities), geometric pooling (the weighted or unweighted geometric averaging of probabilities), and multiplicative pooling (where probabilities are multiplied rather than averaged). We present axiomatic characterisations of each class of (...) pooling functions (most of them classic, but one new) and argue that linear pooling can be justified procedurally, but not epistemically, while the other two pooling methods can be justified epistemically. The choice between them, in turn, depends on whether the individuals' probability assignments are based on shared information or on private information. We conclude by mentioning a number of other pooling methods. (shrink)

Neither the art historians Panofsky and Warburg nor the philosopher Cassirer had any interest with their cultural-historical research in fact-based, historical questions. An approach that had become common in the 19th century due to the loss of validity of the speculative aesthetics. On the contrary, instead of this substantial understanding as the documentary concept represents, these researchers focused on a functional understanding of art historical sources. Nevertheless, in contrast to this starting point, Panofsky invented a methodological procedure, the so-called iconological (...) method, which in turn led back to a documentary-focused historical analysis of artistic artefacts that is still recognized today. The goal is to rediscover the original background of Panofsky´s method. This should make it clear that the original idea of the image concept pursued by Warburg and Cassirer, which had been lost or obscured by the aftermath of National Socialism in Germany, can be made fruitful in a new light today. This path may open up iconology to “image science”/Bildwissenschaft and thus transform the former from a purely historical approach to an understanding relevant to cultural processes and thus to human action. (shrink)

Can new technology enhance purpose-driven, democratic dialogue in groups, governments, and societies? Online Deliberation: Design, Research, and Practice is the first book that attempts to sample the full range of work on online deliberation, forging new connections between academic research, technology designers, and practitioners. Since some of the most exciting innovations have occurred outside of traditional institutions, and those involved have often worked in relative isolation from each other, work in this growing field has often failed to reflect the full (...) set of perspectives on online deliberation. This volume is aimed at those working at the crossroads of information/communication technology and social science, and documents early findings in, and perspectives on, this new field by many of its pioneers. -/- CONTENTS: -/- Introduction: The Blossoming Field of Online Deliberation (Todd Davies, pp. 1-19) -/- Part I - Prospects for Online Civic Engagement -/- Chapter 1: Virtual Public Consultation: Prospects for Internet Deliberative Democracy (James S. Fishkin, pp. 23-35) -/- Chapter 2: Citizens Deliberating Online: Theory and Some Evidence (Vincent Price, pp. 37-58) -/- Chapter 3: Can Online Deliberation Improve Politics? Scientific Foundations for Success (Arthur Lupia, pp. 59-69) -/- Chapter 4: Deliberative Democracy, Online Discussion, and Project PICOLA (Public Informed Citizen Online Assembly) (Robert Cavalier with Miso Kim and Zachary Sam Zaiss, pp. 71-79) -/- Part II - Online Dialogue in the Wild -/- Chapter 5: Friends, Foes, and Fringe: Norms and Structure in Political Discussion Networks (John Kelly, Danyel Fisher, and Marc Smith, pp. 83-93) -/- Chapter 6: Searching the Net for Differences of Opinion (Warren Sack, John Kelly, and Michael Dale, pp. 95-104) -/- Chapter 7: Happy Accidents: Deliberation and Online Exposure to Opposing Views (Azi Lev-On and Bernard Manin, pp. 105-122) -/- Chapter 8: Rethinking Local Conversations on the Web (Sameer Ahuja, Manuel Pérez-Quiñones, and Andrea Kavanaugh, pp. 123-129) -/- Part III - Online Public Consultation -/- Chapter 9: Deliberation in E-Rulemaking? The Problem of Mass Participation (David Schlosberg, Steve Zavestoski, and Stuart Shulman, pp. 133-148) -/- Chapter 10: Turning GOLD into EPG: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (Peter M. Shane, pp. 149-162) -/- Chapter 11: Baudrillard and the Virtual Cow: Simulation Games and Citizen Participation (Hélène Michel and Dominique Kreziak, pp. 163-166) -/- Chapter 12: Using Web-Based Group Support Systems to Enhance Procedural Fairness in Administrative Decision Making in South Africa (Hossana Twinomurinzi and Jackie Phahlamohlaka, pp. 167-169) -/- Chapter 13: Citizen Participation Is Critical: An Example from Sweden (Tomas Ohlin, pp. 171-173) -/- Part IV - Online Deliberation in Organizations -/- Chapter 14: Online Deliberation in the Government of Canada: Organizing the Back Office (Elisabeth Richard, pp. 177-191) -/- Chapter 15: Political Action and Organization Building: An Internet-Based Engagement Model (Mark Cooper, pp. 193-202) -/- Chapter 16: Wiki Collaboration Within Political Parties: Benefits and Challenges (Kate Raynes-Goldie and David Fono, pp. 203-205) -/- Chapter 17: Debian’s Democracy (Gunnar Ristroph, pp. 207-211) -/- Chapter 18: Software Support for Face-to-Face Parliamentary Procedure (Dana Dahlstrom and Bayle Shanks, pp. 213-220) -/- Part V - Online Facilitation -/- Chapter 19: Deliberation on the Net: Lessons from a Field Experiment (June Woong Rhee and Eun-mee Kim, pp. 223-232) -/- Chapter 20: The Role of the Moderator: Problems and Possibilities for Government-Run Online Discussion Forums (Scott Wright, pp. 233-242) -/- Chapter 21: Silencing the Clatter: Removing Anonymity from a Corporate Online Community (Gilly Leshed, pp. 243-251) -/- Chapter 22: Facilitation and Inclusive Deliberation (Matthias Trénel, pp. 253-257) -/- Chapter 23: Rethinking the ‘Informed’ Participant: Precautions and Recommendations for the Design of Online Deliberation (Kevin S. Ramsey and Matthew W. Wilson, pp. 259-267) -/- Chapter 24: PerlNomic: Rule Making and Enforcement in Digital Shared Spaces (Mark E. Phair and Adam Bliss, pp. 269-271) -/- Part VI - Design of Deliberation Tools -/- Chapter 25: An Online Environment for Democratic Deliberation: Motivations, Principles, and Design (Todd Davies, Brendan O’Connor, Alex Cochran, Jonathan J. Effrat, Andrew Parker, Benjamin Newman, and Aaron Tam, pp. 275-292) -/- Chapter 26: Online Civic Deliberation with E-Liberate (Douglas Schuler, pp. 293-302) -/- Chapter 27: Parliament: A Module for Parliamentary Procedure Software (Bayle Shanks and Dana Dahlstrom, pp. 303-307) -/- Chapter 28: Decision Structure: A New Approach to Three Problems in Deliberation (Raymond J. Pingree, pp. 309-316) -/- Chapter 29: Design Requirements of Argument Mapping Software for Teaching Deliberation (Matthew W. Easterday, Jordan S. Kanarek, and Maralee Harrell, pp. 317-323) -/- Chapter 30: Email-Embedded Voting with eVote/Clerk (Marilyn Davis, pp. 325-327) -/- Epilogue: Understanding Diversity in the Field of Online Deliberation (Seeta Peña Gangadharan, pp. 329-358). -/- For individual chapter downloads, go to odbook.stanford.edu. (shrink)

Previous efforts to bring the Hegelian dialectic closer to a clarification give reason for skepticism. The question: "What is dialectic", according to Dieter Henrich, "has remained without an answer so far". Hegel's objective-idealistic program is, however, so much linked to the possibility of a dialectical logic that it is an urgent desideratum to gain clarity about the stringency of dialectical argumentation. But this is only possible on the basis of a theory of dialectic. Hegel's own reflection on methods cannot be (...) considered sufficient in this respect. It does not enable us to defend the dialectical procedure against objections or to answer questions of method. In the following, a detailed reconstruction of the dialectic of 'being' and 'nothing' in Hegel's 'Science of Logic' will reveal basic structures of dialectical argumentation. As will be shown, antinomic structures play a key role. Such a 'reconstruction', however, will not be a simple confirmation of Hegelian texts, but will always have the character of a critique. In fact, it will turn out that in comparison with Hegel's development of categories, radical revisions are to be expected. ----- Bisherige Bemühungen, das Verfahren Hegelscher Dialektik einer Klärung näherzubringen, geben Anlass zur Skepsis. Die Frage: „Was ist Dialektik?“, so Dieter Henrich, sei „bisher ohne Antwort geblieben“. Das objektiv-idealistische Programm Hegels ist indes so sehr mit der Möglichkeit einer dialektischen Logik verknüpft, daß über die Stringenz dialektischer Argumentation Klarheit zu gewinnen ein dringliches Desiderat darstellt. Das aber ist nur auf der Grundlage einer Theorie der Dialektik möglich. Hegels eigene Methodenreflexion kann diesbezüglich nicht als zureichend erachtet werden. Sie versetzt uns nicht in die Lage, das dialektische Verfahren gegen Einwände zu verteidigen oder Methodenfragen zu beantworten. Im Folgenden sollen in einer detaillierten Rekonstruktion der Dialektik von ‘Sein’ und ‘Nichts’ in Hegels ‘Wissenschaft der Logik’ Grundstrukturen dialektischer Argumentation sichtbar gemacht werden. Wie gezeigt wird, kommt dabei antinomischen Strukturen eine Schlüsselfunktion zu. Eine solche 'Rekonstruktion' wird allerdings nicht eine umstandslose Bestätigung der Hegelschen Textvorlage sein können, sondern immer auch den Charakter einer Kritik haben. In der Tat wird sich ergeben, daß im Vergleich mit Hegels Kategorienentwicklung einschneidende Revisionen zu gewärtigen sind. (shrink)

This paper is an attempt to spell out what makes the scientific study of pain so distinctive from a philosophical perspective. Using the IASP definition of ‘pain’ as our guide, we raise a number of questions about the philosophical assumptions underlying the scientific study of pain. We argue that unlike the study of ordinary perception, the study of pain focuses from the very start on the experience itself and its qualities, without making deep assumptions about whether pain experiences are perceptual. (...) This in turn puts scientific explanation in a curious position due to pain’s inherently subjective epistemic nature. The reason for this focus on the experience itself and its qualities, we argue, has to do with pain’s complex phenomenology involving an affective/motivational dimension. We argue for the scientific legitimacy of first‐person phenomenological studies and attempts to correlate phenomenology with neural events. We argue that this methodological procedure is inevitable and has no anti‐physicalist ontological implications when properly understood. We end the paper by commenting on a discussion between two prominent pain scientists in the field, Don Price and Howard Fields, about the need to distinguish more dimensions in the phenomenology of pain and how to classify them vis‐à‐vis the recent scientific findings. Our interest in this discussion is not only to introduce some clarifications but also to show how “neurophenomenology” has already been shaping the scientific research and to back our claim about why this methodology is inevitable with an example. (shrink)

I argue that the wave function ontology for quantum mechanics is an undesirable ontology. This ontology holds that the fundamental space in which entities evolve is not three-dimensional, but instead 3N-dimensional, where N is the number of particles standardly thought to exist in three-dimensional space. I show that the state of three-dimensional objects does not supervene on the state of objects in 3N-dimensional space. I also show that the only way to guarantee the existence of the appropriate mental states in (...) the wave function ontology has undesirable metaphysical baggage: either mind/body dualism is true, or circumstances which we take to be logically possible turn out to be logically impossible.“While our theory can be extended formally in a logically consistent way by introducing the concept of a wave in a 3N-dimensional space, it is evident that this procedure is not really acceptable in a physical theory... ” (Bohm 1957, 117). (shrink)

ABSTRACTA longstanding tradition in philosophy distinguishes between knowthatand know-how. This traditional “anti-intellectualist” view is soentrenched in folk psychology that it is often invoked in supportof an allegedly equivalent distinction between explicit and implicitmemory, derived from the so-called “standard model of memory.”In the last two decades, the received philosophical view has beenchallenged by an “intellectualist” view of know-how. Surprisingly, defenders of the anti-intellectualist view have turned to the cognitivescience of memory, and to the standard model in particular, todefend their view. Here, (...) I argue that this strategy is a mistake. As it turns out, upon closer scrutiny, the evidence from cognitivepsychology and neuroscience of memory does not support theanti-intellectualist approach, mainly because the standard modelof memory is likely wrong. However, this need not be interpretedas good news for the intellectualist, for it is not clear that theempirical evidence necessarily supp... (shrink)

According to the reading offered here, Descartes' use of the meditative mode of writing was not a mere rhetorical device to win an audience accustomed to the spiritual retreat. His choice of the literary form of the spiritual exercise was consonant with, if not determined by, his theory of the mind and of the basis of human knowledge. Since Descartes' conception of knowledge implied the priority of the intellect over the senses, and indeed the priority of an intellect operating independently (...) of the senses, and since, in Descartes' view, the untutored individual was likely to be nearly wholly immersed in the senses, a procedure was needed for freeing the intellect from sensory domination so that the truth might be seen. Hence, the cognitive exercises of the Meditations, modeled not on the sense- and imagination-based exercises of Ignatius of Loyola, but on the Augustinian procedure of turning away from the senses and imagination to perceive the unpicturable with the fleshless eye of the mind. In accordance with this reading, the function of Descartes' skeptical arguments is not to introduce skepticism so that it can be defeated but to aid the meditator in withdrawing the mind from the senses in order to attend to truths of the pure intellect. These truths then offer the basis for a new natural philosophy, including a new theory of the senses. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, (...) offers advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, (...) offers advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

This thesis discusses how societies should allocate clinical care resources. The first aim of the thesis is to defend the idea that clinical care resource allocation is a matter for deliberative democratic procedures. I argue that deliberative democracy is justified because of its ability to implement equal respect and autonomy. Furthermore, I address several in-principle objections to the project of applying deliberative democracy to clinical care resource allocation. Most notably, I respond to the narrow view of the scope of deliberative (...) democracy and the critiques of explicit rationing. -/- The second aim of the thesis is to determine what is required by deliberative democracy in clinical care resource allocation. I identify the general requirements that resource allocation agencies should meet, namely public reason, public involvement, transparency, accuracy and revisability. I then examine what is required by deliberative democracy with regard to two particularly salient specific topics, namely the substantive values that should govern resource allocation and the involvement of scientific experts in decision-making. -/- I demonstrate that public reason imposes severe constraints on the substantive values that should be employed. Most of these constraints are rooted in the idea that, under a regime of scarcity, public reason requires that resources be allocated so as to minimise the strongest complaint anyone may have. Out of the variety of values that are commonly proposed as relevant, only priority to the worst-off, ability to benefit, specialness of clinical care and cost are consistent with public reason. Turning to expert involvement, I argue that deliberative democracy can overcome several formidable threats, such as the opacity of expert opinions to laypersons and the tendency to hide uncertainty and disagreement from the public. I also discuss how my proposals on substantive values and expert involvement could be implemented, in order to add to the plausibility of my theory. (shrink)

Simon Blackburn, in Truth A Guide for the Perplexed (Blackburn 2006), deploys the relation of thought with the facts and says, ‘We met the argument that theorizing involves an impossible activity of stepping outside our own skins and pretending to a ‘transcendental’ point of view, a standpoint from which we can survey the relationship between our thoughts and facts, without using the very forms of thought whose relation to the facts we are hoping to describe.’ (Blackburn, 2006, 109). My philosophical (...) reflections on this claim appreciate the view and turn towards the epistemic semblance in the metaphysical purview. A few challenges of the theory take up a side-effect of the ‘knowing procedures’ and its subsequent notion of the rigid concomitance of realism without a human face. My endeavor would be to slightly bypass the account of objective realism and debut into the sphere of the old-fashioned query, ‘what do we know about the conceptualized world where concepts steadily contaminate objects?’ We may appreciative beliefs and concepts, which are human creations, as these impart to the human-experienced world where concepts are the objective features of the subject’s conceptual scheme. (shrink)

This article discusses the triage response to the COVID-19 delta variant surge of 2021. One issue that distinguishes the delta wave from earlier surges is that by the time it became the predominant strain in the USA in July 2021, safe and effective vaccines against COVID-19 had been available for all US adults for several months. We consider whether healthcare professionals and triage committees would have been justified in prioritising patients with COVID-19 who are vaccinated above those who are unvaccinated (...) in first-order or second-order triage. Given that lack of evidence for a correlation between short-term survival and vaccination, we argue that using vaccination status during first-order triage would be inconsistent with accepted triage standards. We then turn to notions of procedural fairness, equity and desert to argue that that there is also a lack of justification for using vaccination status in second-order triage. In planning for future surges, we recommend that medical institutions base their triage decisions on principles meant to save the most lives, minimise inequity and protect the public’s trust, which for the time being would not be served by the inclusion of vaccination status. (shrink)

Here is my thesis (and the outline of this paper). Increasingly secret, complex and inscrutable computational systems are being used to intensify existing power relations, and to create new ones (Section II). To be all-things-considered morally permissible, new, or newly intense, power relations must in general meet standards of procedural legitimacy and proper authority (Section III). Legitimacy and authority constitutively depend, in turn, on a publicity requirement: reasonably competent members of the political community in which power is being (...) exercised must be able to determine that power is being exercised legitimately and with proper authority (Section IV). The publicity requirement can be satisfied only if the powerful can explain their decision-making—including the computational tools that they use to support it—to members of their political community. Section V applies these ideas to opaque computational systems. Section VI addresses objections; Section VII concludes. (shrink)

Recent political developments cast doubt on the wisdom of democratic decision-making. Brexit, the Colombian people's (initial) rejection of peace with the FARC, and the election of Donald Trump suggest that the time is right to explore alternatives to democracy. In this essay, I describe and defend the epistocratic system of government which is, given current theoretical and empirical knowledge, most likely to produce optimal political outcomes—or at least better outcomes than democracy produces. To wit, we should expand the suffrage as (...) wide as possible and weight citizens’ votes in accordance with their competence. As it turns out, the optimal system is closely related to J. S. Mill's plural voting proposal. I also explain how voters’ competences can be precisely determined, without reference to an objective standard of correctness and without generating invidious comparisons between voters. (shrink)

The thesis deals with the concept of truth and the paradoxes of truth. Philosophical theories usually consider the concept of truth from a wider perspective. They are concerned with questions such as - Is there any connection between the truth and the world? And, if there is - What is the nature of the connection? Contrary to these theories, this analysis is of a logical nature. It deals with the internal semantic structure of language, the mutual semantic connection of sentences, (...) above all the connection of sentences that speak about the truth of other sentences and sentences whose truth they speak about. Truth paradoxes show that there is a problem in our basic understanding of the language meaning and they are a test for any proposed solution. It is important to make a distinction between the normative and analytical aspect of the solution. The former tries to ensure that paradoxes will not emerge. The latter tries to explain paradoxes. Of course, the practical aspect of the solution is also important. It tries to ensure a good framework for logical foundations of knowledge, for related problems in Artificial Intelligence and for the analysis of the natural language. Tarski’s analysis emphasized the T-scheme as the basic intuitive principle for the concept of truth, but it also showed its inconsistency with the classical logic. Tarski’s solution is to preserve the classical logic and to restrict the scheme: we can talk about the truth of sentences of a language only inside another essentially richer metalanguage. This solution is in harmony with the idea of reflexivity of thinking and it has become very fertile for mathematics and science in general. But it has normative nature | truth paradoxes are avoided in a way that in such frame we cannot even express paradoxical sentences. It is also too restrictive because, for the same reason we cannot express a situation in which there is a circular reference of some sentences to other sentences, no matter how common and harmless such a situation may be. Kripke showed that there is no natural restriction to the T-scheme and we have to accept it. But then we must also accept the riskiness of sentences | the possibility that under some circumstances a sentence does not have the classical truth value but it is undetermined. This leads to languages with three-valued semantics. Kripke did not give any definite model, but he gave a theoretical frame for investigations of various models | each fixed point in each three-valued semantics can be a model for the concept of truth. The solutions also have normative nature | we can express the paradoxical sentences, but we escape a contradiction by declaring them undetermined. Such a solution could become an analytical solution only if we provide the analysis that would show in a substantial way that it is the solution that models the concept of truth. Kripke took some steps in the direction of finding an analytical solution. He preferred the strong Kleene three-valued semantics for which he wrote it was "appropriate" but did not explain why it was appropriate. One reason for such a choice is probably that Kripke finds paradoxical sentences meaningful. This eliminates the weak Kleene three valued semantics which corresponds to the idea that paradoxical sentences are meaningless, and thus indeterminate. Another reason could be that the strong Kleene three valued semantics has the so-called investigative interpretation. According to this interpretation, this semantics corresponds to the classical determination of truth, whereby all sentences that do not have an already determined value are temporarily considered indeterminate. When we determine the truth value of these sentences, then we can also determine the truth value of the sentences that are composed of them. Kripke supplemented this investigative interpretation with an intuition about learning the concept of truth. That intuition deals with how we can teach someone who is a competent user of an initial language (without the predicate of truth T) to use sentences that contain the predicate T. That person knows which sentences of the initial language are true and which are not. We give her the rule to assign the T attribute to the former and deny that attribute to the latter. In that way, some new sentences that contain the predicate of truth, and which were indeterminate until then, become determinate. So the person gets a new set of true and false sentences with which he continues the procedure. This intuition leads directly to the smallest fixed point of strong Kleene semantics as an analytically acceptable model for the logical notion of truth. However, since this process is usually saturated only on some transfinite ordinal, this intuition, by climbing on ordinals, increasingly becomes a metaphor. This thesis is an attempt to give an analytical solution to truth paradoxes. It gives an analysis of why and how some sentences lack the classical truth value. The starting point is basic intuition according to which paradoxical sentences are meaningful (because we understand what they are talking about well, moreover we use it for determining their truth values), but they witness the failure of the classical procedure of determining their truth value in some "extreme" circumstances. Paradoxes emerge because the classical procedure of the truth value determination does not always give a classically supposed (and expected) answer. The analysis shows that such an assumption is an unjustified generalization from common situations to all situations. We can accept the classical procedure of the truth value determination and consequently the internal semantic structure of the language, but we must reject the universality of the exterior assumption of a successful ending of the procedure. The consciousness of this transforms paradoxes to normal situations inherent to the classical procedure. Some sentences, although meaningful, when we evaluate them according to the classical truth conditions, the classical conditions do not assign them a unique value. We can assign to them the third value, \undetermined", as a sign of definitive failure of the classical procedure. An analysis of the propagation of the failure in the structure of sentences gives exactly the strong Kleene three-valued semantics, not as an investigative procedure, as it occurs in Kripke, but as the classical truth determination procedure accompanied by the propagation of its own failure. An analysis of the circularities in the determination of the classical truth value gives the criterion of when the classical procedure succeeds and when it fails, when the sentences will have the classical truth value and when they will not. It turns out that the truth values of sentences thus obtained give exactly the largest intrinsic fixed point of the strong Kleene three-valued semantics. In that way, the argumentation is given for that choice among all fixed points of all monotone three-valued semantics for the model of the logical concept of truth. An immediate mathematical description of the fixed point is given, too. It has also been shown how this language can be semantically completed to the classical language which in many respects appears a natural completion of the process of thinking about the truth values of the sentences of a given language. Thus the final model is a language that has one interpretation and two systems of sentence truth evaluation, primary and final evaluation. The language through the symbol T speaks of its primary truth valuation, which is precisely the largest intrinsic fixed point of the strong Kleene three valued semantics. Its final truth valuation is the semantic completion of the first in such a way that all sentences that are not true in the primary valuation are false in the final valuation. (shrink)

● Sergio Cremaschi, The non-existing Island. I discuss the way in which the cleavage between the Continental and the Anglo-American philosophies originated, the (self-)images of both philosophical worlds, the converging rediscoveries from the Seventies, as well as recent ecumenic or anti-ecumenic strategies. I argue that pragmatism provides an important counter-instance to both the familiar self-images and to the fashionable ecumenic or anti-ecumenic strategies. My conclusions are: (i) the only place where Continental philosophy exists (as Euro-Communism one decade ago) is America; (...) (ii) less obviously, also analytic philosophy does not exist, or does no more exist as a current or a paradigm; what does exist is, on the one hand, philosophy of language and, on the other, philosophy of mind, that is, two disciplines; (iii) the dissolution of analytic philosophy as a school has been extremely fruitful, precisely in so far as it has left room for disciplines and research programmes; (iv) what is left, of the Anglo-American/Continental cleavage is primarily differences in styles, depending partly on intellectual traditions, partly owing to sociology, history, institutional frameworks; these differences should not be blurred by rash ecumenism; besides, theoretical differences are alive as ever, but within both camps; finally, there is indeed a lag (not a difference) in the appropriation of intellectual techniques by most schools of 'Continental' philosophy, and this should be overcome through appropriation of what the best 'analytic' philosophers have produced. ● Michael Strauss, Language and sense-perception: an aspect of analytic philosophy. To test an assertion about one fact by comparing it with perceived reality seems quite unproblematic. But the very possibility of such a procedure is incompatible with the intellectualistic basis of logical positivism and atomism (as it is for example to be found in Russell's Analysis of Mind). According to the intellectualistic approach pure sensation is meaningless. Sensation receives its meaning and order from the intellect through interpretation, which is performed with the help of linguistic tools, i.e. words and sentences. Before being interpreted, sensation is not a picture or a representation, it is neither true nor false, neither an illusion nor knowledge; it does not tell us anything; it is a lifeless and order-less matter. But how can a thought (or a proposition) be compared with such a lifeless matter? This difficulty confronts the intellectualist, if on the one hand he admits the necessity of comparing thought with sense-perception, and on the other hand presupposes that we possess only intellectual and no immediate perceptual understanding of what we see and hear. In this paper I give a critical exposition of three attempts, made by Russell, Neurath and Wittgenstein, to solve this problem. The first attempt adheres to strict conventionalism, the second tends to naturalism and the third leads to an amended, very moderate version of conventionalism. This amended conventionalism looks at sense impressions as being a peculiar language, which includes primary symbols, i.e. symbols not founded on convention and not being in need of interpretation. ● Ernst Tugendhat, Phenomenology and language analysis. The paper, first published in German in 1970, by which Tugendhat gave a start to the German rediscovery of analytic philosophy. The author stages a confrontation between phenomenology and language analysis. He argues that language analysis does not differ from phenomenology as far as the topics dealt with are concerned; instead, both currents are quite different in method. The author argues that language-analytic philosophy does not simply lay out of the mainstream of transcendental philosophy, but that instead it challenges this tradition on the very level of foundations. The author criticizes the linguistic-analytic approach centred on the subject as well as any object-centred approach, while proposing inter-subjective understanding through language as the new universal framework. This is, when construed in so general terms, the same program of hermeneutics, though in a more basic version. ● Jürgen Habermas, Language game, intention and meaning. On a few suggestions by Sellars and Wittgenstein. The paper, first published in German in 1975, in which Habermas announces his own linguistic turn through a discovery of speech acts. In this essay the author wants to work out a categorical framework for a communicative theory of society; he takes Wittgenstein's concept of language game as a Leitfade and, besides, he takes advantage also of Wilfried Sellars's quasi-transcendental account of the genesis of intentionality. His goal is to single out the problems connected with a theory of consciousness oriented in a logical-linguistic sense. ● Zvie Bar-On, Isomorphism of speech acts and intentional states. This essay presents the problem of the formal relationship between speech acts and intentional states as an essential part of the perennial philosophical question of the relation between language and thought. I attempt to show how this problem had been dealt with by two prominent philosophers of different camps in our century, Edmund Husserl and John Searle. Both of them wrote extensively about the theory of intentionality. I point out an interesting, as it were unintended, continuity of their work on that theory. Searle started where Husserl left off 80 years earlier. Their meeting point could be used as the first clue in our search. They both adopted in effect the same distinction between two basic aspects of the intentional experience: its content or matter, and its quality or mode. Husserl did not yet have the concept of a speech act as contradistinguished from an intentional state. The working hypothesis, however, which he suggested, could be used as a second clue for the further elaboration of the theory. The relationship of the two levels, the mental and the linguistic, which remained for Husserl in the background only, became the cornerstone of Searle' s inquiry. He employed the speech act as the model and analysed the intentional experience by means of the conceptual apparatus of his own theory of speech acts. This procedure enabled him to mark out a number of parallelisms and correlations between the two levels. This procedure explains the phenomenon of the partial isomorphism of speech acts and intentional states. ● Roberta de Monticelli, Ontology. A dialogue among the linguistic philosopher, the naturalist, and the phenomenological philosopher. This paper proposes a comparison between two main ways of conceiving the role and scope of that fundamental part of philosophy (or of "first" philosophy) which is traditionally called "ontology". One way, originated within the analytic tradition, consists of two main streams, namely philosophy of language and (contemporary) philosophy of mind, the former yielding "reduced ontology" and the latter "neo-Aristotelian ontology". The other way of conceiving ontology is exemplified by "phenomenological ontology" (more precisely, the Husserlian, not the Heideggerian version). Ontology as a theory of reference ("reduced" ontology, or ontology as depending on semantics) is presented and justified on the basis of some classical thesis of traditional philosophy of language (from Frege to Quine). "Reduced ontology" is shown to be identifiable with one level of a traditional, Aristotelian ontology, namely the one which corresponds to one of the four "senses of being" listed in Aristotle's Metaphysics: "being" as "being true". This identification is justified on the basis of Franz Brentano's "rules for translation" of the Aristotelian table of judgements in terms of (positive and negative) existential judgments such as are easily translatable into sentences of first order predicate logic. The second part of the paper is concerned with "neo-Aristotelian ontology", i.e. with naturalism and physicalism as the main ontological options underlying most of contemporary discussion in the philosophy of mind. The qualification of such options as "neo-Aristotelian" is justified; the relationships between "neo-Aristotelian ontology" and "reduced ontology" are discussed. In the third part the fundamental tenet of "phenomenological ontology" is identified by the thesis that a logical theory of existence and being does capture a sense of "existing" and "being" which, even though not the basic one, is grounded in the basic one. An attempt is done of further clarifying this "more basic" sense of "being". An argument making use of this supposedly "more basic" sense is advanced in favour of a "phenomenological ontology". ● Kuno Lorenz, Analytic Roots in Dialogic Constructivism. Both in the Vienna Circle ad in Russell's early philosophy the division of knowledge into two kinds (or two levels), perceptual and conceptual, plays a vital role. Constructivism in philosophy, in trying to provide a pragmatic foundation - a knowing-how - to perceptual as well as conceptual competences, discovered that this is dependent on semiotic tools. Therefore, the "principle of method" had to be amended by the "principle of dialogue". Analytic philosophy being an heir of classical empiricism, conceptually grasping the "given", and constructive philosophy being an heir of classical rationalism, perceptually providing the "constructed", merge into dialogical constructivism, a contemporary development of ideas derived especially from the works of Charles S. Peirce (his pragmatic maxim as a means of giving meaning to signs) and of Ludwig Wittgenstein (his language games as tools of comparison for understanding ways of life). 7. Albrecht Wellmer, "Autonomy of meaning" and "principle of charity" from the viewpoint of the pragmatics of language. In this essay I present an interpretation of the principle of the autonomy of meaning and of the principle of charity, the two main principles of Davidson's semantic view of truth, showing how both principles may fit in a perspective dictated by the pragmatics of language. I argue that (I) the principle of the autonomy of meaning may be thoroughly reformulated in terms of the pragmatics of language, (ii) the principle of charity needs a supplement in terms of pragmatics of language in order to become really enlightening as a principle of interpretation. Besides, I argue that: (i) on the one hand, the fundamental thesis of Habermas on the pragmatic theory of meaning ("we understand a speech act when we know what makes it admissible") is correlated with the seemingly intentionalist thesis according to which we understand a speech act when we know what a speaker means; (ii) on the other hand, to say that the meaning competence of a competent speaker is basically a competence about a potential of reasons (or also of possible justifications) which is inherently connected with the meaning of statements, or with their use in utterances. ● Rüdiger Bubner, The convergence of analytic and hermeneutic philosophy This paper argues that the analytic philosophy does not exist, at least as understood by its original programs. Differences in the analytic camp have always been bigger than they were believed to be. Now these differences are coming to the fore thanks to a process of dissolution of dogmatism. Philosophical analysis is led by its own inner logic towards questions that may be fairly qualified as hermeneutic. Recent developments in analytic philosophy, e.g. Davidson, seem to indicate a growing convergence of themes between philosophical analysis and hermeneutics; thus, the familiar opposition of Anglo-Saxon and Continental philosophy might soon belong to history. The fact of an ongoing appropriation of analytical techniques by present-day German philosophers may provide a basis for a powerful argument for the unity of philosophizing, beyond its strained images privileging one technique of thinking and rejecting the remainder. Actual philosophical practice should take the dialogue between the two camps more seriously; in fact, the processes described so far are no danger to philosophical work. They may be a danger for parochial approaches to philosophizing; indeed, contrary to what happens in the natural sciences, Thomas Kuhn's "normal science" developing within the framework of one fixed paradigm is not typical for philosophical thinking. And in philosophy innovating revolutions are symptoms more of vitality than of crisis. ● Karl-Otto Apel, The impact of analytic philosophy on my intellectual biography. In my paper I try to reconstruct the history of my Auseinandersetzung mit - as I called it - "language-analytical" philosophy (including even Peircean semiotics) since the late Fifties. The heuristics of my study was predetermined by two main motives of my beginnings: the hermeneutic turn of phenomenology and the transformation of "transcendental philosophy" in the light of the "language a priori". Thus, I took issue with the early and the later Wittgenstein, logical positivism, and post-Wittgensteinian and post-empiricist philosophy of science (i.e. G.H. von Wright and the renewal of the "explanation vs understanding controversy" as well as the debate between Th. Kuhn and Popper/Lakatos); besides, with speech act theory and the debate about "transcendental arguments" since Strawson. The "pragmatic turn", started already by C.L. Morris and the later Carnap, led me to study also the relationship between Wittgensteinian "use" theory of meaning and of truth. This resulted on my side in something like a program of "transcendental semiotics", i.e. "transcendental pragmatics" and "transcendental hermeneutics". ● Ben-Ami Scharfstein, A doubt on both their houses: the blindness to non-western philosophies. The burden of my criticism is that contemporary European philosophers of all kinds have continued to think as if there were no true philosophy but that of the West. For the most part, the existentialists have been oblivious of their Eastern congeners; the hermeneuticians have yet to stretch their horizons beyond the most familiar ones; and the analysts remain unaware of the analyses and linguistic sensitivities of the ancient non-European philosophers. Briefly, ignorance still blinds almost all contemporary Western philosophers to the rich, variegated philosophical traditions outside of their familiar orbit. Both Continental and Anglo-Americans have lost the breadth of view that once characterized such thinkers as Herder and the Humboldts. The blindness that has resulted is not simply that of individual Western philosophers but of our whole, still parochial philosophical culture. (shrink)

This thesis is a sceptical investigation into the notion that the metaphorical wave-particle binary of Virginia Woolf's To the Lighthouse is related to quantum physics. Indeed, the field of literature and science has employed conceptual similarities as the main means of connecting quantum concepts to novels, however, this has led to a host of scholarly difficulties, prompting the need for a re-examination of analogical linkages. Woolf is the model candidate for such a re-examination, given her historical and philosophical proximity with (...) the developments of quantum mechanics. To the Lighthouse, in particular, was written between 1925 and 1927: precisely when quantum physicists were attempting to resolve the wave-particle duality, leading to Niels Bohr's complementarity. This parallel has been noted by researchers as relevant to the novel, as it too displays a general binary that can be read as wave-particle-like, which the author also attempts to resolve along similar philosophical lines. Nevertheless, other than proximity and similarity, there are no reasons to affirm that the science is related to the novel; hence, it is an ideal case study to examine in order to ascertain the value of conceptual similarities in literature and science. To do so, To the Lighthouse's binary and its resolution are interpreted in a thesis-long close reading, in order to compare aspects of it firstly to Woolf's personal thought, and secondly to various non-quantum intellectual contexts that preceded and surrounded her. In doing so, it becomes clear not only that invoking quantum physics serves no clear purpose in better understanding the novel, but also that the notion of resolving wave- particle-like binaries was a widespread philosophical procedure at the turn of the century, decades before Bohr's concept. This negative conclusion interrogates what the scholarly value of interpreting similarities is, though a hypothetical solution can be found in conceptual metaphor theory. (shrink)

This article is devoted to describing results of conceptualization of the idea of mind at the stage of maturity. Delineated the acquisition by the energy system (mind) of stable morphological characteristics, which associated with such a pivotal formation as the discourse. A qualitative structural and ontological sign of the system transition to this stage is the transformation of the verbal morphology of the mind into a discursive one. The analysis of the poststructuralist understanding of discourse in the context of the (...) dispersion of meanings (Foucault) made it possible to formulate a notion of it as a meaning that is constituted by the relation between the discursive practice and the worldview, regarded as a meta-discourse or a global discursive formation. In consequence of this relationship, a discrete and simultaneous scattering of meanings arises, the procedural side of which is a concrete discourse, and its productive aspect is linked with the creation of a local discursive formation. Based on this view it is proposed a logical formula of discourse, which takes into account the entropy of the language and the entropy of the worldview, as a particular manifestation of the mind entropy. Using this formula and considering the reactive nature of discourse, it was developed a classification, which included such types of discourses as reactive, suggestive, synthetic and creative. In turn, the proposed types of discourses are correlated with the specific characteristics of certain activities, as a psychological category. Also, it was considered the translation of the structure of discourse dissipation from the cognitive plan into the affective sphere because of which it is formed a hierarchy of significances, which performs the sense-forming function. It was analyzed the inverse influence of the hierarchy of significances on the structure of meanings dispersion and for respective account it was introduced a conditional coefficient of the value deviation of the significance of the meanings. This parameter reflects the sense correction of the meaning that occurs in the process of the emergence of discourse from discursive practice. Thus, the discourse is presented as a complex dynamic formation of the mind arising at the maturity stage of the system as a result of the combined effect of entropic dispersion of meanings and the value deviation of their significances. (shrink)

Michel Gondry and Charlie Kaufman’s 2004 Eternal Sunshine of the Spotless Mind, which celebrated its fifteenth anniversary in 2019, is an extended thought experiment on the nature of memory, minds, and persons. The memory erasure thought experiment presented in the film—and its implications for personal identity—raises poignant questions for the ethicist, epistemologist, neuroscientist, metaphysician, and cognitive scientist. In this paper, I explore the rich insights the film has to offer interdisciplinary studies of memory, providing a case study in how narrative (...) can uniquely contribute to memory research, while also maintaining philosophical rigor and fidelity to scientific discoveries about memory. Turning to the philosophical implications of memory erasure, I consider memory erasure in the context of several leading views of personal identity and proposed answers to the persistence question of personal identity, assessing the challenges and complications that the memory erasure thought experiment brought to life by Eternal Sunshine poses to these theories. I argue that the psychological continuity view of personal identity—in its various iterations—does not allow an individual to truly survive the memory erasure procedure. The memory erasure thought experiment presented in Eternal Sunshine—and its metaphysical and epistemological consequences—reveal how we establish the relationship between memories and selfhood, how to define personhood in the presence of both hypothetical and real-world memory loss, and what experiences we value in human life. (shrink)

When you are indifferent between two options, it’s rationally permissible to take either. One way to decide between two such options is to flip a fair coin, taking one option if it lands heads and the other if it lands tails. Is it rationally permissible to employ such a tie-breaking procedure? Intuitively, yes. However, if you are genuinely risk-averse—in particular, if you adhere to risk-weighted expected utility theory (Buchak in Risk and rationality, Oxford University Press, 2013) and have a strictly (...) convex risk-function—the answer will often be no: the REU of deciding by coin-flip will be lower than the REU of choosing one of the options outright (so long as at least one of the options is a nondegenerate gamble). This turns out to be a significant worry for risk-weighted expected utility theory. I argue that it adds real bite to established worries about diachronic consistency afflicting views, like risk-weighted expected utility theory, that violate Independence. And that, while these worries might be surmountable, surmounting them comes at a price. (shrink)

State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state of nature (...) theories, the justness of a society is marked by the conformance of the society to procedural principles. Distributions of resources and the like have no particular import for questions of justice. Whatever may later result, so long as it came about in accordance with the rules determined by the principles of justice, is itself just. The Lockean proviso is one of the principles of justice governing property and other rights of nonpattern theories of justice. The proviso hangs as a "shadow" over the results of the operation of the other (usual) principles of justice. It is intended to remedy a complaint which arises when the positions of those no longer at liberty to use some resource are worsened (1) by no longer being able to use freely what they previously were free to use and (2) in such a way that they fall below a "baseline." Following Locke, a traditional formulation of the proviso is to allow acquisition just so long as there is "enough and as good" left over for others. Section I concerns the relation of the Lockean proviso to pattern and nonpattern principles of justice, demonstrating that a Lockean proviso turns a nonpattern into a pattern theory of justice. Section II is about the relation of the Lockean proviso to the ideas revealed by an examination of a state of nature, suggesting reasons to reject ideal theories of justice. (shrink)

An arithmetic theory of oppositions is devised by comparing expressions, Boolean bitstrings, and integers. This leads to a set of correspondences between three domains of investigation, namely: logic, geometry, and arithmetic. The structural properties of each area are investigated in turn, before justifying the procedure as a whole. Io finish, I show how this helps to improve the logical calculus of oppositions, through the consideration of corresponding operations between integers.

From a socio-theoretical and media-theoretical perspective, this article analyses exemplary practices and structural characteristics of contemporary digital political campaigning to illustrate a transformation of the public sphere through the platform economy. The article first examines Cambridge Analytica and reconstructs its operational procedure, which, far from involving exceptionally new digital campaign practices, turns out to be quite standard. It then evaluates the role of Facebook as an enabling ‘affective infrastructure’, technologically orchestrating processes of political opinion-formation. Of special concern are various tactics (...) of ‘feedback propaganda’ and algorithmic-based user engagement that reflect, at a more theoretical level, the merging of surveillance-capitalist commercialization with a cybernetic logic of communication. The article proposes that this techno-economic dynamic reflects a continuation of the structural transformation of the public sphere. What Jürgen Habermas had analysed in terms of an economic fabrication of the public sphere in the 1960s is now advancing in a more radical form, and on a more programmatic basis, through the algorithmic architecture of social media. As the authors argue, this process will eventually lead to a new form of ‘infrastructural power’. (shrink)

Hilary Greaves and David Wallace argue that conditionalization maximizes expected accuracy and so is a rational requirement, but their argument presupposes a particular picture of the bridge between rationality and accuracy: the Best-Plan-to-Follow picture. And theorists such as Miriam Schoenfield and Robert Steel argue that it's possible to motivate an alternative picture—the Best-Plan-to-Make picture—that does not vindicate conditionalization. I show that these theorists are mistaken: it turns out that, if an update procedure maximizes expected accuracy on the Best-Plan-to-Follow picture, it's (...) guaranteed to maximize expected accuracy on the Best-Plan-to-Make picture as well, in which case moving from the former to the latter can't help us avoid the conclusion that conditionalization is a rational requirement. If there's a problem with Greaves and Wallace’s argument, it must lie elsewhere. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

According to the computational theory of mind , to think is to compute. But what is meant by the word 'compute'? The generally given answer is this: Every case of computing is a case of manipulating symbols, but not vice versa - a manipulation of symbols must be driven exclusively by the formal properties of those symbols if it is qualify as a computation. In this paper, I will present the following argument. Words like 'form' and 'formal' are ambiguous, as (...) they can refer to form in either the syntactic or the morphological sense. CTM fails on each disambiguation, and the arguments for CTM immediately cease to be compelling once we register that ambiguity. The terms 'mechanical' and 'automatic' are comparably ambiguous. Once these ambiguities are exposed, it turns out that there is no possibility of mechanizing thought, even if we confine ourselves to domains where all problems can be settled through decision-procedures. The impossibility of mechanizing thought thus has nothing to do with recherché mathematical theorems, such as those proven by Gödel and Rosser. A related point is that CTM involves, and is guilty of reinforcing, a misunderstanding of the concept of an algorithm. (shrink)

During the last few decades, the historical turn within the tradition of the analytic tradition has experienced growing enthusiasm concerning the procedure of rational reconstruction, whose validity or importance, despite its paradigmatic examples in Frege and Russell, has not always enjoyed a consensus. Among the analytic philosophers who are the frontrunners of this movement, Robert Brandom is one of a kind: his work on Hegel as well as on German Idealism has been increasing interest in, as well as awareness (...) of, Hegel´s possible contributions to some current problems in that tradition, and connecting Hegel scholars to current questions. Thus, this work aims to explore Brandom´s methodology of rational reconstruction, as well as his dialogue with history of Philosophy, mainly exposed in his Tales of the mighty dead (2002). As we will see, Brandom´s distinction between a de dicto and a de re approach intends to present a way of identifying and analyzing a given philosopher´s theoretical (hidden) commitments that can be useful to improve the quality of the dialogue with past philosophers. From such methodological exposition, I to turn to Kierkegaard in order to make explicit some of his ontological commitments and presenting Brandom’s approach as a valuable tool for doing history of philosophy. (shrink)

Over the last two decades, there was an upsurge of research and innovation in biotechnology and related fields, leading to exciting new discoveries in areas such as the engineering of biological processes, gene editing, stem cell research, CRISPR-Cas9 technology, Synthetic Biology, recombinant DNA, LMOs and GMOs, to mention only a few. At the same time, these advances generated concerns about biosafety, biosecurity and adverse impacts on biodiversity and the environment, leading to the establishment of Research Ethics Committees (RECs) at Higher (...) Education and Research Institutions dedicated to reviewing research with implications for biosafety and the environment. -/- These Biosafety and Environment Research Ethics Committees, referred to as EBRECs, are in the early stages of their establishment and formalisation, and there is much uncertainty about their composition, scope, procedures of decision-making and the principles that should guide their deliberations and assessments. In many respects, EBRECs are venturing into uncharted territory, facing a very wide range of complex research fields, far-reaching research practices and deep concerns new to Review Boards, raising the question to what extent EBRECs can fall back on the fairly well-established principles and procedures of RECs focusing on Human, Health or Animal research, and to what extent they need new or adapted principles and procedures. -/- Against this background, I set out to answer the following three main research questions in this thesis: 1. What is the current state of ethical principles for ethics reviews in the field of environmental and biosafety research ethics? Which principles are currently used in this context, and how? 2. What are the shortcomings of the current principles used by EBRECs and how can they be overcome? 3. What ethical principles must be adopted by environmental and biosafety research ethics committees and guide them in their decision-making? -/- In order to prepare the ground and set the scene for my discussion of these questions, I also formulated four supporting research questions: i. What is environmental research ethics in action? ii. What is biosafety research ethics in action? iii. How are environmental and biosafety ethics related to one another? iv. How should the guidelines and ethical principles related to these two overlapping fields be implemented in the ethics review process? Following my introduction and problem statement in Chapter 1, I devoted Chapters 2 and 3 to an overview of my supporting questions to set the scene for Environmental and Biosafety Research Ethics. In Chapter 4, I turned to my main research question with a discussion of national and international declarations, frameworks and legislation and an investigation of principles in the different research areas to get a picture of applicable principles that can guide EBRECs. -/- The main finding of my thesis is that due to the complexity of EBR, different categories of principles could be the solution for EBRECs. I elaborate on this in Chapter 5, my concluding chapter, in which I also propose a list of core principles that can serve as an accessible and easy-to-use guide for EBRECs in their decision-making. In this proposal, I cluster different kinds of principles in terms of four categories: 1. Principles as a Moral Concept 2. Principles as a Social Concept 3. Principles as a Legal Concept 4. Principles as a Safety Concept . (shrink)

Medical ethicists conventionally assume that the requirement to employ informed consent procedures is grounded in autonomy. It seems intuitively plausible that providing information to an agent promotes his autonomy by better allowing him to steer his life. However, James Taylor questions this view, arguing that any notion of autonomy that grounds a requirement to inform agents turns out to be unrealistic and self-defeating. Taylor thus contends that we are mistaken about the real theoretical grounds for informed consent procedures. Through analysing (...) Taylor's arguments and showing that they do not stand up to scrutiny, it is possible to defend the view that autonomy is a plausible theoretical basis for informed consent, and to enhance our understanding of the relationship between autonomy and informed consent. (shrink)

In The Future of Human Nature, Jürgen Habermas raises the question of whether the embryonic genetic diagnosis and genetic modification threatens the foundations of the species ethics that underlies current understandings of morality. While morality, in the normative sense, is based on moral interactions enabling communicative action, justification, and reciprocal respect, the reification involved in the new technologies may preclude individuals to uphold a sense of the undisposability of human life and the inviolability of human beings that is necessary for (...) their own identity as well as for reciprocal relations. Engaging with liberal bioethics and Catholic approaches to bioethics, the article clarifies how Habermas’ position offers a radical critique of liberal autonomy while maintaining its postmetaphysical stance. The essay argues that Habermas’ approach may guide the question of rights of future generations regarding germline gene editing. But it calls for a different turn in the conversation between philosophy and theology, namely one that emphasizes the necessary attention to rights violations and injustices as a common, postmetaphysical starting point for critical theory and critical theology alike. In 2001, Jürgen Habermas published a short book on questions of biomedicine that took many by surprise.[1] To some of his students, the turn to a substantive position invoking the need to comment on a species ethics rather than outlining a public moral framework was seen as the departure from the “path of deontological virtue,”[2] and at the same time a departure from postmetaphysical reason. Habermas’ motivation to address the developments in biomedicine had certainly been sparked by the intense debate in Germany, the European Union, and internationally on human cloning, pre-implantation genetic diagnosis, embryonic stem cell research, and human enhancement. He turned to a strand of critical theory that had been pushed to the background by the younger Frankfurt School in favor of cultural theory and social critique, even though it had been an important element of its initial working programs. The relationship of instrumental reason and critical theory, examined, among others, by Max Horkheimer, Theodor W. Adorno, and Herbert Marcuse and taken up in Habermas’ own Knowledge and Interest and Theory of Communicative Action became ever-more actual with the development of the life sciences, human genome analysis, and genetic engineering of human offspring. Today, some of the fictional scenarios discussed at the end of the last century as “science fiction” have become reality: in 2018, the first “germline gene-edited” children were born in China.[3] Furthermore, the UK’s permission to create so-called “three-parent” children may create a legal and political pathway to hereditary germline interventions summarized under the name of “gene editing.”In this article, I want to explore Habermas’ “substantial” argument in the hope that philosophy and theology become allies in their struggle against an ever-more reifying lifeworld, which may create a “moral void” that would, at least from today’s perspective, be “unbearable”, and for upholding the conditions of human dignity, freedom, and justice. I will contextualize Habermas’ concerns in the broader discourse of bioethics, because only by doing this, his concerns are rescued from some misinterpretations.[1] Jürgen Habermas, The Future of Human Nature.[2] Ibid., 125, fn. 58. 8[3] Up to the present, no scientific publication of the exact procedure exists, but it is known that the scientist, Jiankui He, circumvented the existing national regulatory framework and may have misled the prospective parents about existing alternatives and the unprecedented nature of his conduct. Yuanwu Ma, Lianfeng Zhang, and Chuan Qin, "The First Genetically Gene‐Edited Babies: It's “Irresponsible and Too Early”," Animal Models and Experimental Medicine ; Matthias Braun, Meacham, Darian, "The Trust Game: Crispr for Human Germline Editing Unsettles Scientists and Society," EMBO reports 20, no. 2. (shrink)

In this paper, I analyse EE I 6, where Aristotle presented a famous methodological digression. Many interpreters have taken this chapter as advocating a dialectical procedure of enquiry. My claim is that Aristotle does not keep a dialectical attitude towards endoxa or phainomena in this chapter. In order to accomplish my goal, I shall show that EE I 6 does not provide enough evidence for the dialectical construal of it, and that this construal, in turn, hangs on some assumptions (...) brought out from other Aristotelian works (EN and Top.), which do not provide good evidence as well. By the analysis of these assumptions, I intend to show that Aristotle is not carrying out any sort of dialectic, especially dialectic conceived as conceptual analysis seeking the salvage of phainomena or endoxa. (shrink)

In recent decades, the analysis of phraseology has made use of the exploration of large corpora as a source of quantitative information about language. This paper intends to present the main lines of work in progress based on this empirical approach to linguistic analysis. In particular, we focus our attention on some problems relating to the morpho-syntactic annotation of corpora. The CORIS/CODIS corpus of contemporary written Italian, developed at CILTA – University of Bologna (Rossini Favretti 2000; Rossini Favretti, Tamburini, De (...) Santis in press), is a synchronic 100-million-word corpus and is being lemmatised and annotated with part-of-speech (POS) tags, in order to increase the quantity of information and improve data retrieval procedures (Tamburini 2000). The aim of POS tagging is to assign each lexical unit to the appropriate word class. Usually the set of tags is pre-established by the linguist, who uses his/her competence to identify the different word classes. The very first experiments we made revealed how the traditional part-of-speech distinctions in Italian (generally based on morphological and semantic criteria) are often inadequate to represent the syntactic features of words in context. It is worth noting that the uncertainties in categorisation contained in Italian grammars and dictionaries reflect a growing difficulty as they move from fundamental linguistic classes, such as nouns and verbs, to more complex classes, such as adverbs, pronouns, prepositions and conjunctions. This latter class, that groups together elements traditionally used to express connections between sentences, appears inadequate when describing cohesive relations in Italian. This phenomenon actually seems to involve other elements traditionally assigned to different classes, such as adverbs, pronouns and interjections. Recent studies proposed the class of ‘connectives’, grouping all words that, apart from their traditional word class, have the function of connecting phrases and contributing to textual cohesion. From this point of view, conjunctions can be considered as part of phrasal connectives, that can in turn be included in the wider category of textual connectives. The aim of this study is to identify elements that can be included in the class of phrasal connectives, using quantitative methods. According to Shannon and Weaver’s (1949) observation that words are linked by dependent probabilities, corroborated by Halliday’s (1991) argument that the grammatical “system” (in Firth’s sense of the term) is essentially probabilistic, quantitative data are introduced in order to provide evidence of relative frequencies. Section 2 presents a description of word-class categorisation from the point of view of grammars and dictionaries arguing that the traditional category of conjunctions is inadequate for capturing the notion of phrasal connective. Section 3 examines the notion of ‘connective’ and suggests a truth-function interpretation of connective behaviour. Section 4 describes the quantitative methods proposed for analysing the distributional properties of lexical units, and section 5 comments on the results obtained by applying such methods drawing some provisional conclusions. (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)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

This chapter argues that Davidson's truth-theoretic semantics was not intended to replace the traditional pursuit of providing a compositional meaning theory but rather to achieve the same aim indirectly by placing conditions on a truth theory that would enable someone who understood it to understand its object language. The chapter argues that by placing constraints on the axioms of a Tarski-style truth theory, namely, that they interpret the terms for which they give satisfaction conditions, and specifying a suitable canonical proof (...) procedure that issues in T-sentence that remove all the metalanguage semantic terms from the right hand side and draw intuitively only on the content of the axioms, we can use the theory to interpret object language sentences. It further argues that if we ask what body of knowledge one must be in possession of to interpret the language, it turns out to be a set of propositions about the truth theory but not the axioms of the truth theory itself. This shows how to avoid the problem of the semantic paradoxes and the problem of vagueness. (shrink)

Euthanasia and assisted suicide have proved to be very contentious topics in medical ethics. Some ethicists are particularly concerned that allowing physicians to carry out these procedures will undermine their professional obligations and threaten the very goals of medicine. However, I maintain that the fundamental goals of medicine not only do not preclude the practice of euthanasia and assisted suicide by physicians, but can in fact be seen to support these practices in some instances. I look at two influential views (...) of the goals of medicine, one based on the broad guiding principles of autonomy, beneficence and nonmaleficence, and the other focusing on several more concrete aims, concluding that both approaches can be seen to support euthanasia and assisted suicide. I then turn to the popular concern that allowing physicians to carry out euthanasia and assisted suicide will lead to widespread abuse. I argue that the possibility for abuse can be minimised if we make the patient's autonomous consent an essential requirement of the practice. (shrink)