Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Boundary colors are observed when light from a scene is dispersed by a prism or diffraction grating. We discovered that patterns with repeating black and white stripes can produce repeating bands of boundary colors with two hues. These hues are virtually constant as measured by chromaticity or CIELAB. We found seven cases of this kind using a new appearance model for boundary colors. The model correctly predicts that green and magenta bands recur as stripe widths and dispersion strength vary. The (...) first green/magenta case in the sequence traces out an accurate ellipse in XYZ color space. Green and magenta bands are prominent in supernumerary rainbows and interference rings, and we explain why that might be the case. The explanation is based on an interesting property of the visible spectrum. In addition to the green/magenta cases, the other cases are orange/cyan, yellowish-green/purple, and yellow/violet. The success of the boundary color appearance model implies that bands are perceived as if the wavelength responses of the cones were essentially independent, which contradicts the actual behavior of cones. (shrink)

According to one large family of views, scientific explanations explain a phenomenon (such as an event or a regularity) by subsuming it under a general representation, model, prototype, or schema (see Bechtel, W., & Abrahamsen, A. (2005). Explanation: A mechanist alternative. Studies in History and Philosophy of Biological and Biomedical Sciences, 36(2), 421–441; Churchland, P. M. (1989). A neurocomputational perspective: The nature of mind and the structure of science. Cambridge: MIT Press; Darden (2006); Hempel, C. G. (1965). Aspects of scientific (...) explanation. In C. G. Hempel (Ed.), Aspects of scientific explanation (pp. 331–496). New York: Free Press; Kitcher (1989); Machamer, P., Darden, L., & Craver, C. F. (2000). Thinking about mechanisms. Philosophy of Science, 67(1), 1–25). My concern is with the minimal suggestion that an adequate philosophical theory of scientific explanation can limit its attention to the format or structure with which theories are represented. The representational subsumption view is a plausible hypothesis about the psychology of understanding. It is also a plausible claim about how scientists present their knowledge to the world. However, one cannot address the central questions for a philosophical theory of scientific explanation without turning one’s attention from the structure of representations to the basic commitments about the worldly structures that plausibly count as explanatory. A philosophical theory of scientific explanation should achieve two goals. The first is explanatory demarcation. It should show how explanation relates with other scientific achievements, such as control, description, measurement, prediction, and taxonomy. The second is explanatory normativity. It should say when putative explanations succeed and fail. One cannot achieve these goals without undertaking commitments about the kinds of ontic structures that plausibly count as explanatory. Representations convey explanatory information about a phenomenon when and only when they describe the ontic explanations for those phenomena. (shrink)

Denne artikel hedder ”Musikalske Omgangsformer”. Men den fortæller ikke så meget om, hvorledes musikalske omgangsformer tager sig ud, som den fører til et punkt, hvor musikalske omgangsformer bliver sigtbare og påtrængende. Snarere end at præsentere en teori om musikalske omgangsformer anviser den et sted, hvor en teoridannelse er påkrævet. Udgangspunktet bliver en påvisning af, hvorledes den fænomenologiske tilgang til det musikalske fænomen svigter ved tematisk og dog stiltiende at hævde musikstykket, satsen, som sin genstand. Utilstrækkeligheden påpeges inden for den fænomenologiske (...) analyses eget univers. Som sådan vil den ved artiklens afslutning yderligere omfatte formuleringen af den påpegede utilstrækkelighed. Fra dette – negative – udgangspunkt tages skridtet ind i et rum, der skal indbefatte de påviste løse ender og samtidig give plads for, at vi med positivt udgangspunkt i en praxis-orienteret filosofi kan komme til at binde de nødvendige knuder. (shrink)

. In the philosophy of J. L. Schellenberg, “evolutionary religion” is a religious stance oriented towards the deep future. According to Schellenberg, the best form of evolutionary religion is non-doxastic faith in ultimism. I reject Schellenberg’s arguments for preferring ultimism and suggest that committing non-doxastically to traditional religion makes more sense from an evolutionary perspective. I argue that the alignment argument for traditional religion remains sound even when the deep future is considered. Furthermore, I assess Schellenberg’s claim that humanity is (...) religiously immature. (shrink)

In Embracing Paradox, Evolving Language, L.E. Maroski proposes that humanity is poised on the cusp of a transformation of consciousness that requires not only a shift in values and perspectives, but also a shift in a basic technology we take for granted—language. Because we use language to create social structures and institutions, including education, governance, and our most intimate relationships, the structure of our language contributes to the way we structure those creations. Maroski questions the cultural assumptions that are built (...) into the structure of language—primarily English—and invites the reader to imagine and ultimately to help develop novel structures of language that arise from different assumptions. To do so, she shows how we can draw inspiration from paradoxical topological forms, such as the Möbius strip and Klein bottle, as they embody both unity and duality/multiplicity. By seeing our reality not simply in terms of either/or but also in terms of both (many)/and, perhaps our feelings of fragmentation and the stultifying oppositions that have polarized society can transform into appreciation for the wholeness of all existence. (shrink)

This paper analyzes some grammatical aspects of the English verb "to mean" and its nominalizations, and based on that, argues that meaning is something that people do rather than something that words have.

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

(First paragraphs.) The idea that our language somehow influences our thought can be found in philosophical and scientific traditions of different continents and with different roots and objectives. Yet, beyond the mere theoretical, explorations of the idea are relatively scarce, and are mostly limited to relations between very concrete conceptual categories and subjective experiencing and remembering – to some kind of ‘psychologies of folk-ontology’. Thought as process, reasoning or ‘thinking’, and the role of more complex or abstract concepts in (such) (...) thought tend to be mostly ignored in psychology and philosophy. Conceptual and intellectual history, on the other hand, cannot be accused of such neglect, but the common lack of a comparative perspective in those fields precludes any generalized inference. Furthermore, while a comparative study on the role of complex or abstract concepts in thought as process and its products (the aggregate ‘thought’ of schools, ages, and regions) could result in a considerable enrichment of our understanding of the relationships between language and thought, it would not necessarily be recognized as such because of a fundamental difference in the nature of the concepts involved, affecting the boundary of ‘language’ in the pair ‘language and thought’. More concretely, while the concepts of the ‘psychologies of folk-ontology’ are rather concrete categories of ‘things’ or aspects of experienced reality (hence, ‘folk-ontology’), the abstract concepts of (comparative) conceptual history, such as ‘society’ or ‘reason’, are categories of ideas. Consequently, conceptual history is inseparably tied to the history of ideas, and there is no strict boundary line between concepts, theories, ideas, and aggregate thought in general. It could, therefore, be argued that a comparative conceptual history would be a study of the influence of ideas on thought, rather than of language on thought. That argument, however, would either void language of content, or make the dubious claim that folk-ontology is a fundamentally different type of content than theoretical content. The ‘psychologies of folk-ontology’ study the influence of folk-ontological categories on folk-ontological thought (experiencing and remembering), and a comparative conceptual history would study the influence of theoretical categories (or conceptualized ideas) on theoretical thought (thinking, reasoning, etc.), and there does not seem to be a good reason to exclude either type of categories from ‘language’. Perhaps it should be argued instead that the ambiguous term ‘language’ in the pair ‘language and thought’ would better be replaced with ‘concepts’ or ‘categories’. (shrink)

H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.

This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and (...) determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...) entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...) notable emphasis on the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro (...) contends that a new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...) a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

Cette étude porte sur l’évaluation par Carl Stumpf de la phénoménologie de Husserl dans ses Recherches logiques et dans le premier livre des Idées directrices. J’examine, dans un premier temps, la réception par Stumpf de la phénoménologie des Recherches logiques. Je me penche ensuite sur les §§ 85-86 des Idées directrices dans lesquels Husserl cherche à démarquer sa phénoménologie « pure » de la phénoménologie de Stumpf. Dans la troisième partie, j’examine la critique que Stumpf adresse, dans la §13 (...) de son ouvrage Erkenntnislehre, à la nouvelle version de la phénoménologie que Husserl élabore dans ses Idées directrices, et dans la quatrième, je me penche sur l’interprétation spinoziste des corrélations noético-noématiques dans ses deux études de Stumpf sur Spinoza. Je conclus en me demandant si la version de la phénoménologie que Husserl élabore durant la période de Freiburg n’anticipe pas, dans une certaine mesure, les critiques de Stumpf tout en confirmant le diagnostic de ce dernier sur la phénoménologie des Idées directrices. (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, (...) Liberty and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

Remembering seems, to philosophers and scientists, one of the most mystifying of human activities. Yet natural language users have no problem understanding what is meant by ‘memory’. Memory is simply the ability to recall personally experienced events and certain kinds of information such as facts, names, or faces; or how to perform certain actions, like riding a bike or playing chess. It is on this basis that people sometimes make claims about themselves or others having a good or bad memory, (...) especially for things like names, numbers, or faces. Why then is memory such a mystery? Because, firstly, of its diversity: memory enables us to perform a plethora of different tasks, including the continuous interpretation of every moment of consciousness. Secondly, different forms of memory have different standards of accuracy, and often dramatically different criteria for success. (shrink)

This is a one page handout, which draws attention to subtle adaptations that H.L.A. Hart makes regarding material from Henry Sidgwick, when he debates with Rawls and appeals to Sidgwick's objections to the priority of liberty. These adaptations challenge the impression that Rawls should have known better.

Seguendo l’esposizione data in (Orsi 2012), riguardante una comparazione fra alcuni aspetti dell’opera di Carl Schmitt e di Jürgen Habermas in filosofia politica, centrata sulla nozione di ordine ed inquadrata, nelle sue basi, entro la sociologia delle religioni di Max Weber, sarà possibile, oltre l’individuazione in essa di un comune punto di convergenza fra il pensiero dei questi autori nella nozione di ordine, portare avanti, su un piano teoretico di livello superiore, un ulteriore raffronto più orientato verso la metodologia (...) della ricerca filosofica così come intesa da Martin Heidegger, la quale permetterà tra l’altro di vedere sia Schmitt che Habermas da un altro possibile punto di vista prospettico. (shrink)

Le droit est traditionnellement lié à la pratique du commandement et de la hiérarchie. Il semble qu’une règle juridique établisse une immédiate relation entre une norme supérieure et une norme inférieure. La conception hiérarchique et impérative peut néanmoins être remise en cause dès lors que la phénoménologie de la règle juridique est appréhendée d’un point de vue interne, celui de ceux que l’on peut considérer comme les « utilisateurs » de la règle plutôt que ceux qui la subissent. Une approche (...) tournée vers la pratique pourrait, de cette façon, conduire à une théorie du droit plus ouverte et, d’une certaine façon, moins idéologique ou sectaire. C’est – comme le défend cet article – le programme ou mieux la promesse que l’on trouve dans l’ouvrage principal de Hart, le Concept de droit. Cet article tente de rendre cette promesse plus transparente sans toutefois dissimuler les difficultés de sa stratégie narrative et argumentative. (shrink)

Longtermists have argued that humanity should significantly increase its efforts to prevent catastrophes like nuclear wars, pandemics, and AI disasters. But one prominent longtermist argument overshoots this conclusion: the argument also implies that humanity should reduce the risk of existential catastrophe even at extreme cost to the present generation. This overshoot means that democratic governments cannot use the longtermist argument to guide their catastrophe policy. In this paper, we show that the case for preventing catastrophe does not depend on longtermism. (...) Standard cost-benefit analysis implies that governments should spend much more on reducing catastrophic risk. We argue that a government catastrophe policy guided by cost-benefit analysis should be the goal of longtermists in the political sphere. This policy would be democratically acceptable, and it would reduce existential risk by almost as much as a strong longtermist policy. (shrink)

Some philosophers writing on the possibility of faultless disagreement have argued that the only way to account for the intuition that there could be disagreements which are faultless in every sense is to accept a relativistic semantics. In this article we demonstrate that this view is mistaken by constructing an absolutist semantics for a particular domain – aesthetic discourse – which allows for the possibility of genuinely faultless disagreements. We argue that this position is an improvement over previous absolutist responses (...) to the relativist's challenge and that it presents an independently plausible account of the semantics of aesthetic discourse. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These criticisms, we (...) argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

I argue that Sellars’s naturalization of Kant should be understood in terms of how he used behavioristic psychology and cybernetics. I first explore how Sellars used Edward Tolman’s cognitive-behavioristic psychology to naturalize Kant in the early essay “Language, Rules, and Behavior”. I then turn to Norbert Wiener’s understanding of feedback loops and circular causality. On this basis I argue that Sellars’s distinction between signifying and picturing, which he introduces in “Being and Being Known,” can be understood in terms of what (...) I call cybernetic behaviorism. I interpret picturing in terms of cycles of cybernetic behavior and signifying in terms of coordination between cybernetic behavior systems, or what I call triangulated cybernetic behavior. This leads to a formal, naturalistic understanding of personhood as the capacity to engage in triangulated cybernetic behavior. I conclude by showing that Sellars’s thought has the resources, which he did not exploit, for introducing the concept of second-order cybernetics. This suggests that Sellars’s philosophy of mind could be developed in the direction of autopoiesis and enactivism. (shrink)

In “What Makes a Scientific Explanation Distinctively Mathematical?” (2013b), Lange uses several compelling examples to argue that certain explanations for natural phenomena appeal primarily to mathematical, rather than natural, facts. In such explanations, the core explanatory facts are modally stronger than facts about causation, regularity, and other natural relations. We show that Lange's account of distinctively mathematical explanation is flawed in that it fails to account for the implicit directionality in each of his examples. This inadequacy is remediable in each (...) case by appeal to ontic facts that account for why the explanation is acceptable in one direction and unacceptable in the other direction. The mathematics involved in these examples cannot play this crucial normative role. While Lange's examples fail to demonstrate the existence of distinctively mathematical explanations, they help to emphasize that many superficially natural scientific explanations rely for their explanatory force on relations of stronger-than-natural necessity. These are not opposing kinds of scientific explanations; they are different aspects of scientific explanation. (shrink)

This volume presents research that integrates decision making and creativity within the social contexts in which these processes occur. The volume is an essential addition to and expansion of recent approaches to decision making. Such approaches attempt to incorporate more of the psychological and socio-cultural context in which human decision making takes place. The authors come from different disciplines and also belong to a broad spectrum of research traditions. They present innovative chapters dealing with both theoretical and empirical aspects of (...) decision making in different personal and organizational contexts. All chapters are written from the perspective that human decision making is inherently social and more or less creative. The volume addresses fundamental questions about the nature of human decision making as it occurs in different social contexts. Thereby, it becomes essential reading for researchers in decision making and for advanced students in psychology, management science, informatics, and related disciplines. (shrink)

Research on human decision making is at the present time undergoing rapid changes. From previously being much focused on models and approaches with an origin in economy, much of the present day research finds its inspiration from disciplinary approaches concerned with incorporating more of the context that the decision making takes place in. This context includes psychological aspects of the decision maker and social-cultural aspects of the situation he or she acts in. All human decision making occurs in dynamically changing (...) contexts. One factor contributing to this is that human beings or groups in many situations act as entrepreneurs trying to improve the situation for themselves or their organization. Given that this is the case, it is of increasing interest for both researchers and practitioners interested in the social aspects of decision making to consider the relation between creativity and decision making. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...) of advantage as resources, welfare, or some combination of these. The second part covers three later developments: the democratic egalitarian critique of luck egalitarianism, the luck egalitarian acceptance of pluralism, and luck egalitarian doubts about the significance of the brute luck/option luck distinction. (shrink)

This chapter explores the unifying themes of “the Pittsburgh School” of Sellars, Brandom, and McDowell: a social pragmatist account of intentionality, the rejection of the Myth of the Given, and the partial rehabilitation of Hegel for analytic philosophy. In addition this chapter also discusses three points of disagreement within the Pittsburgh School: whether or not we should posit sense-impressions, whether perceptual intentionality is world-relational, and whether the natural sciences have epistemic authority over other ways of thinking about nature. The chapter (...) concludes with a metaphilosophical concern about the status of a return to Hegel within analytic philosophy. Analytic philosophy follows an anti-Hegelian neo-Kantian institution of a divide between philosophy and the social and natural sciences. Hegel would reject such a divide, since he conceives of philosophy as investigating “shapes of a world” and not just “shapes of consciousness”. In these terms the Pittsburgh School marks a return to Hegel trimmed to suit the needs of analytic philosophy rather than questioning those needs. (shrink)

This paper continues the defense of a version of scientific realism, Tautological Scientific Realism, that rests on the claim that, excluding some areas of fundamental physics about which doubts are entirely justified, many areas of contemporary science cannot be coherently imagined to be false other than via postulation of radically skeptical scenarios, which are not relevant to the realism debate in philosophy of science. In this paper we discuss, specifically, the threats of meaning change and reference failure associated with the (...) Kuhnian tradition, which depend on a descriptivist approach to meaning, and we argue that descriptivism is not the right account of the meaning and reference of theoretical terms. We suggest that an account along the lines of the causal-historical theory of reference provides a more faithful picture of how terms for unobservable theoretical entities and properties come to refer; we argue that this picture works particularly well for TSR. In the last section we discuss how our account raises concerns specifically for perspectival forms of scientific realism. (shrink)

Arguments from disagreement often take centre stage in debates between competing semantic theories. This paper explores the theoretical basis for arguments from disagreement and, in so doing, proposes methodological principles which allow us to distinguish between legitimate arguments from disagreement and dialectically ineffective arguments from disagreement. In the light of these principles, I evaluate Cappelen and Hawthorne's [2009] argument from disagreement against relativism, and show that it fails to undermine relativism since it is dialectically ineffective. Nevertheless, I argue that an (...) alternative challenge to relativism based on disagreement is available. More generally, I argue that semantic theory is not answerable to data stemming from ‘loaded’ philosophical principles regarding the nature of disagreement. Rather, semantic theorists will exhaust their dialectical responsibilities regarding disagreement if they can demonstrate consistency with a minimal account of the concept. (shrink)

The standard version of sufficientarianism maintains that providing people with enough, or as close to enough as is possible, is lexically prior to other distributive goals. This article argues that this is excessive – more than distributive justice allows – in four distinct ways. These concern the magnitude of advantage, the number of beneficiaries, responsibility and desert, and above-threshold distribution. Sufficientarians can respond by accepting that providing enough unconditionally is more than distributive justice allows, instead balancing sufficiency against other considerations.

Online technologies enable vast amounts of data to outlive their producers online, thereby giving rise to a new, digital form of afterlife presence. Although researchers have begun investigating the nature of such presence, academic literature has until now failed to acknowledge the role of commercial interests in shaping it. The goal of this paper is to analyse what those interests are and what ethical consequences they may have. This goal is pursued in three steps. First, we introduce the concept of (...) the Digital Afterlife Industry, and define it as an object of study. Second, we identify the politico-economic interests of the DAI. For this purpose, we develop an analytical approach based on an informational interpretation of Marxian economics. Third, we explain the practical manifestations of the interests using four real life cases. The findings expose the incentives of the DAI to alter what is referred to as the “informational bodies” of the dead, which in turn is to be seen as a violation of the principle of human dignity. To prevent such consequences, we argue that the ethical conventions that guide trade with remains of organic bodies may serve as a good model for future regulation of DAI. (shrink)

For the greater part of the last 50 years, it has been common for philosophers of mind and cognitive scientists to invoke the notion of realization in discussing the relationship between the mind and the brain. In traditional philosophy of mind, mental states are said to be realized, instantiated, or implemented in brain states. Artificial intelligence is sometimes described as the attempt either to model or to actually construct systems that realize some of the same psychological abilities that we and (...) other living creatures possess. The claim that specific psychological. (shrink)

Critics of luck egalitarianism have claimed that, far from providing a justification for the public insurance functions of a welfare state as its proponents claim, the view objectionably abandons those who are deemed responsible for their dire straits. This article considers seven arguments that can be made in response to this ‘abandonment objection’. Four of these arguments are found wanting, with a recurrent problem being their reliance on a dubious sufficientarian or quasi-sufficientarian commitment to provide a threshold of goods unconditionally. (...) Three arguments succeed, showing that luck egalitarians have good reasons for assisting ‘negligent victims’ on account of changes that may occur in an individual between the time of their choice and their subsequent disadvantage, bad option luck, and doubts about free will and responsibility. Luck egalitarianism is therefore shown to offer strong support for public insurance. (shrink)

The web is increasingly inhabited by the remains of its departed users, a phenomenon that has given rise to a burgeoning digital afterlife industry. This industry requires a framework for dealing with its ethical implications. We argue that the regulatory conventions guiding archaeological exhibitions could provide the basis for such a framework.

The problem of truthmakers for negative propositions was introduced by Bertrand Russell in 1918. Since then the debate has mostly been concerned with whether to accept or reject their existence, and little has been said about what it is that makes a negative proposition negative. This is a problem as it is obvious that you cannot just read it off from the grammar of a sentence. The aim of this paper is to demonstrate that propositions may be negative or positive (...) in many ways: it offers a typology, and shows how the question of the existence of negative facts will receive a different answer depending on its relationship to that typology. (shrink)