Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

Pekakak adalah salah satu tokoh yang memiliki pengetahuan mendalam dan perencanaan yang cermat. Saat fajar menyingsing, ia terlihat bertengger di atas pohon. Dengan kemampuan sempurna untuk mengontrol kecepatan penerbangan miliknya, seperti kapan harus memperlambat atau mempercepat, dia dapat dengan mudah menghitung cara optimal untuk menangkap ikan.

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

Courts and jurors sometimes refuse to assign liability to defendants on the basis of statistics alone, despite their apparent reliability. I argue that this refusal is best understood as a recognition of defendants’ right to security. Understood as a robust good in Philip Pettit’s sense, security requires that someone risking harm to others’ protected interests adopt a disposition of concern that controls against wrongfully harming them. Since trials risk harm, the state must adopt such a disposition. Statistics leave open the (...) possibility of innocence and so wrongful harm in a way that the state cannot ignore; if it does use such statistics, it makes defendants wrongfully insecure. This explanation of the problem of bare statistical evidence is especially apt because security grounds the right to a fair trial and judicial procedural rights more generally. (shrink)

(2013). The processes of inference. Argument & Computation: Vol. 4, Formal Models of Reasoning in Cognitive Psychology, pp. 4-20. doi: 10.1080/19462166.2012.674060.

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...) which must be implemented via practitioners' discretion in changing contexts. (shrink)

A consistent causal interpretation of the Klein-Gordon equation treated as a field equation has been developed, and leads to a model of entities described by the Klein-Gordon equation, i.e., spinless, massive bosons, as objectively existing fields. The question arises, however, as to whether a causal interpretation based on a particle ontology of the Klein-Gordon equation is also possible. Our purpose in this article will be to indicate, by making what we believe is a best possible attempt at developing a particle (...) interpretation of the Klein-Gordon equation, that such an interpretation is untenable. To resolve the nonpositive-definite probability density difficulties with the Klein-Gordon equation, we modify this equation by the introduction of an evolution parameter. We base our subsequent considerations on this modified Klein-Gordon equation. Partly to motivate the need for a relativistic causal interpretation and partly to give emphasis to aspects of the causal interpretation often overlooked, we begin our article with a brief historical survey of the causal interpretation. (shrink)

Science as a social institution today is experiencing a phase of profound transformation. Objects, methods, research technological tools, methods of institutional communication and mechanisms for commercializing new knowledge are changing. The creation of new interdisciplinary communication platforms is more relevant today than ever before. This review pro[1]vides key information about the First Conference «Mind, Body, Intelligence, Language in the Age of Cognitive Technologies». The organizers created an event that brought together IT developers, academic researchers, and business representatives.

The body-oriented approach in the philosophy of cognitive sciences is gaining in importance in the conditions of the formation of new high-tech contexts. The problem of interoception and integration of bodily data into socio-economic processes requires a comprehensive analysis and ethical assessment. This article examines the conceptual foundations of the body-oriented approach and its impact on the essence of cognitive processes. The main advantages and disadvantages of this approach are presented. We consider the methodological conflict zones of the bodily paradigm (...) and traditional methodological attitudes of the cognitive sciences. The system ofinteroceptive sensations is a special «layer» of bodily experience. The social functions of interoceptive sensations are an interdisciplinary research area that focuses on the mechanisms of interaction between the private content of bodily experience and systems of social interaction. The regularity between interoceptive sensations and human behavioral patterns reflects the importance of examining bodily data. Today, the market for bodily data is just beginning to form, but at the same time it is already playing an important role in global digital transformation processes. A multitude of applications and wearable digital devices that track bodily activity and generate gigantic amounts of data are used today by millions of people around the world. The identification of bodily activity leads to the emergence of new forms of interaction between a person and socio-institutional systems, the specific properties of which are also considered in this article. (shrink)

This article examines some of S. Lem’s statements about his philosophical and worldview positions regarding the mysterious nature of language and the linguistic sign, the connection between language, mind and reality. The main goal of the paper is to understand what texts on the philosophy of language the Polish thinker read and what attitude he has formed towards them. Lem is the follower of an analytical intellectual culture that focuses on the naturalistic worldview and the consequences of the “linguistic turn” (...) in Western philosophy. For Lem, language is not only an interesting philosophical object, but also a complex precise instrument of his own creative thinking. In this regard, the philosophy of language for a writer cannot be based only on logical-linguistic atomistic methodology. Lem seeks in his contemporary interdisciplinary methods ways to combine realistic and anti-realist positions. Many concepts, such as “the effect of semantic transparency”, “polymorphic language model”, “variation model” are quite correlated with modern theories of language and require additional philosophical comments. (shrink)

Supercommentary on Tantravārtika of Kumārila Bhaṭṭa, exegesis on Mīmāṃsābhāṣya of Śabarasvāmī, classical commentary on Mīmāṃsāsūtra by Jaimini.

Ian Kennedy extols the virtues of self-determination by patients: they should make their own decisions about medical treatment after being given advice by their doctors; for doctors to make such decisions on their patients' behalf is authoritarian and unacceptable (I). I present a case where, despite thorough consultation and counselling, the decisions made by the patient and supported by her doctors were found to be consistently inappropriate to her changing lifestyle.

This article examines mixed ℋ -infinity and passivity synchronization of Markovian jumping neutral-type complex dynamical network models with randomly occurring coupling delays and actuator faults. The randomly occurring coupling delays are considered to design the complex dynamical networks in practice. These delays complied with certain Bernoulli distributed white noise sequences. The relevant data including limits of actuator faults, bounds of the nonlinear terms, and external disturbances are available for designing the controller structure. Novel Lyapunov–Krasovskii functional is constructed to verify the (...) stability of the error model and performance level. Jensen’s inequality and a new integral inequality are applied to derive the outcomes. Sufficient conditions for the synchronization error system are given in terms of linear matrix inequalities, which can be analyzed easily by utilizing general numerical programming. Numerical illustrations are given to exhibit the usefulness of the obtained results. (shrink)

We attempt to clarify the main conceptual issues in approaches to ‘objectification’ or ‘measurement’ in quantum mechanics which are based on superselection rules. Such approaches venture to derive the emergence of classical ‘reality’ relative to a class of observers; those believing that the classical world exists intrinsically and absolutely are advised against reading this paper. The prototype approach (K. Hepp, Helv. Phys. Acta45 (1972), 237–248) where superselection sectors are assumed in the state space of the apparatus is shown to be (...) untenable. Instead, one should couple system and apparatus to an environment, and postulate superselection rules for the latter. These are motivated by the locality of any observer or other (actual or virtual) monitoring system. In this way ‘environmental’ solutions to the measurement problem (H.D. Zeh, Found. Phys.1 (1970), 69–76; W. H. Zurek, Phys. Rev.D26 (1982), 1862–1880 and Progr. Theor. Phys.89 (1993), 281–312) become consistent and acceptable, too. Points of contact with the modal interpretation are briefly discussed. We propose a minimal value attribution to observables in theories with superselection rules, in which only central observables have properties. In particular, the eigenvector-eigenvalue link is dropped. This is mainly motivated by Ockham's razor. (shrink)

Galen's æuvre presents a remarkably varied body of texts–varied in subject matter, style, and didactic purpose. Logical tracts sit alongside tomes of drug–lore; handbooks of dietetics alongside anatomical investigations; treatises of physiology alongside ethical opuscula. These differences in type have received some, though as yet insufficient, scholarly attention. Mario Vegetti demonstrated the coexistence of two ‘profili’ or images of the art of medicine: Galen presents the art as an Aristotelian deductive science, on the one hand, and as a technician's craft, (...) on the other. The former image, offering an ambitious elevation of the doctor's cultural status, has medicine as a philosophical episteme analogous to the mathematical sciences, exercised above all to provide causal accounts and logical demonstrations, and centred on the knowledge of anatomy. The second image is that of the clinician, concerned with the body in its pathological manifestations and using as its prime model the ‘pre-anatomical’ theory of the humours. And the content of the treatises shifts in relation to this dual image: ‘profilo alto’ and ‘profilo basso’ are reflected in different types of work. Polemical writings such as the Protrepticus, as well as the great treatises of anatomy and physiology, De usu partium and De naturalibus facultatibus, present medicine in the former light, while works like De temperamentis or Quod animi mores base themselves on humoral pathology and accord with the earlier, artisan-like image. (shrink)

I argue that quantum optical experiments that purport to refute Bohr’s principle of complementarity fail in their aim. Some of these experiments try to refute complementarity by refuting the so called particle–wave duality relations, which evolved from the Wootters–Zurek reformulation of BPC. I therefore consider it important for my forgoing arguments to first recall the essential tenets of BPC, and to clearly separate BPC from WZPC, which I will argue is a direct contradiction of BPC. This leads to a need (...) to consider the meaning of particle–wave duality relations and to question their fundamental status. I further argue that particle and wave complementary concepts are on a different footing than other pairs of complementary concepts. (shrink)