In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by criminalizing illegal immigration (...) criminal law puts a ban on (certain categories of) persons, rather than on their actions/omissions, in a way in which a principled criminal law should not do; and—second—in the sense that the criminalization of illegal immigrants represents a perversion of the criminal law, being a case in which criminal norms are (unjustifiably) used as means to attain extrapenal aims. (shrink)

Child Versus Childmaker investigates a "person-affecting" approach to ethical choice. A form of consequentialism, this approach is intended to capture the idea that agents ought both do the most good that they can and respect each person as distinct from each other. Focusing on cases in which a conflict of interest arises between "childmakers"—parents, infertility specialists, embryologists, and others engaged in the task of bringing new people into existence—and the children they aim to create, the author considers what we (...) today owe those who will come into existence tomorrow. (shrink)

_Schiller versus Fichte_ ist die Geschichte eines Widerstreits zwischen Sinn-Konstellationen im Kern der post-kantischen Philosophie. Die Originalität dieser neuen Interpretation des Verhältnisses zwischen Schiller und Fichte liegt darin, dass der Fokus – im Gegenteil zu den bisherigen Interpretationen – auf den agonistischen Charakter des Verhältnisses liegt. Die agonistische Rekonstruktion dieses Ereignisses der Geschichte der abendländischen Philosophie zeigt, dass der Ursprung des sogenannten Deutschen Idealismus eine Krise bzw. ein Widerstreit zwischen ästhetischer und praktischer Vernunft, zwischen absoluter Dualität und absoluter Einheit (...) als regulativen Prinzipien des Denkens ist. (shrink)

_Equilibrium versus Understanding_ argues that neo-classical theory is incapable of explaining or understanding human conduct. The author asserts that a different sort of economic theory is required and proposes a hermeneutic one. The book presents a comprehensive description and analysis of the methodologies involved, ultimately rejecting the positivist in favour of an interpretative approach to social theory.

A defense of Marxism against the pragmatism of John Dewey, chief theoretical spokesman in the 1930s of the middle-class democratic movement in the United States.

A major obstacle to formulating a broad-content intentional psychology is the occurrence of ''Frege cases'' - cases in which a person apparently believes or desires Fa but not Fb and acts accordingly, even though "a" and "b" have the same broad content. Frege cases seem to demand narrow-content distinctions to explain actions by the contents of beliefs and desires. Jerry Fodor ( The elm and the expert: Mentalese and its semantics , Cambridge, MA: MIT Press, 1994) argues that an explanatorily (...) adequate broad-content psychology is nonetheless possible because Frege cases rarely occur in intentional-explanatory contexts, and they are not systematically linked to intentional laws in a way that demands intentional explanation. Thus, he claims, behaviors associated with Frege cases can be considered ceteris-paribus exceptions to broad-content intentional laws without significantly decreasing the explanatory power of intentional psychology. I argue that Frege cases are plentiful and systematically linked to intentional laws in a way that requires intentional explanation, specifically in the explanation of why certain actions are not performed. Consequently, Frege-case behaviors cannot be construed as ceteris-paribus exceptions to intentional laws without significantly eroding the explanatory power of intentional psychology and reducing the rationality of the agent. Fodor thus fails to save broad-content psychology from the prima facie objections against it based on Frege cases. (shrink)

Einstein Versus Bohr is unlike other books on science written by experts for non-experts, because it presents the history of science in terms of problems, conflicts, contradictions, and arguments. Science normally "keeps a tidy workshop." Professor Sachs breaks with convention by taking us into the theoretical workshop, giving us a problem-oriented account of modern physics, an account that concentrates on underlying concepts and debate. The book contains mathematical explanations, but it is so-designed that the whole argument can be followed (...) with the math omitted. Professor Sachs' story begins with classical and nineteenth century physics, describes the early discoveries in particle theory, and introduces the "old" quantum theory, which evolved into the quantum mechanics of the Copenhagen School. Such important ideas as the Einstein Photon Box experiment and the Einstein-Podolsky-Rosen Paradox, and Schrodinger's Cat Paradox are clearly expounded, followed by a completely fresh explanation of relativity in conceptual terms, showing how apparent paradoxes can be removed by Einstein's own interpretation, especially that of his later years. Professor Sachs gives a detailed comparison of the fundamentals of the quantum and relativity theories, suggesting how the contradictions might be resolved. In an epilogue, he makes suggestions, with reference to religious notions, Taoism, and Buber's theory of I-Thou, for generalizing Einstein's approach beyond physics. (shrink)

The encounter of the medieval Muslims with Greek philosophy undeniably shaped the course of their philosophical and theological thought. This encounter led to the complex and contentious issue of ‘philosophy versus theology’. Medieval Muslim thinkers needed to develop a response to the issue of philosophy versus theology. The present article will first highlight the response of the Islamic theologians to their encounter with Greek philosophy in the form of three major trends in medieval Islamic theology: (1) strong opposition (...) to the application of reason and rationalist approach to Islamic doctrines, and strict adherence to the actual text of the Qur’an and the Hadith, (2) the adoption of Greek philosophy, and the application of reason and rationalist approach to explain and defend Islamic religion and (3) acknowledging the significance of reason in exploring the matters related to the natural world but, at the same time, stressing the subordination of reason to revelation. This article will discuss Atharism, Muʿtazilism and Ashʿarism as the representatives of the first, second and third trends, respectively. The response of the medieval Islamic theologians to the issue of philosophy versus theology serves as a context in which medieval Muslim philosophers carried out their philosophy–theology debate. The article will proceed to show that some medieval Muslim philosophers, such as Abu Bakr Al-Razi, subordinated religion or revelation to philosophy or reason. Other medieval Muslim philosophers, such as Al-Ghazali, subordinated philosophy to theology. The third group of medieval Islamic philosophers represented by Alfarabi argued for the reconciliation and harmonious co-existence of philosophy and religion. Contribution: This article highlights the response of medieval Islamic theologians and philosophers to the issue of philosophy versus theology that was caused by their encounter with Greek philosophy. (shrink)

Inference versus consequence , an invited lecture at the LOGICA 1997 conference at Castle Liblice, was part of a series of articles for which I did research during a Stockholm sabbatical in the autumn of 1995. The article seems to have been fairly effective in getting its point across and addresses a topic highly germane to the Uppsala workshop. Owing to its appearance in the LOGICA Yearbook 1997 , Filosofia Publishers, Prague, 1998, it has been rather inaccessible. Accordingly it (...) is republished here with only bibliographical changes and an afterword. (shrink)

Two main schemes explain how a system adapts to its environment. Evolutionary models are grounded on three usual processes (variation, transmission, selection) acting at the population level. Learning models are concerned with the endogenous search for a better performance at the individual level. The first ones were initially favored by biology and the second well illustrated by game theory. The article examines first how game theory went to evolution and how biology later considered learning. It shows some examples of a (...) hybrid use of models of each type. It finally proposes a common framework for both types of models. (shrink)

Around 97% of climate scientists endorse anthropogenic global warming (AGW), the theory that human activities are partly responsible for recent increases in global average temperatures. Clearly, this widespread endorsement of AGW is a reason for non-experts to believe in AGW. But what is the epistemic significance of the fact that some climate scientists do not endorse AGW? This paper contrasts expert unanimity, in which virtually no expert disagrees with some theory, with expert consensus, in which some non-negligible proportion either rejects (...) or is uncertain about the theory. It is argued that, from a layperson’s point of view, an expert consensus is often stronger evidence for a theory’s truth than unanimity. Several lessons are drawn from this conclusion, e.g. concerning what laypeople should infer from expert pronouncements, how journalists should report on scientific theories, and how working scientists should communicate with the public. (shrink)

In this paper, we criticize the current focus of the bio-based economy (BBE) on efficiency and control and demonstrate the contradictions that this causes. We elucidate these tensions by comparing the BBE to alternative conceptions of economy that emphasise the relevance of both the human condition and unfathomable nature in the macro ecological transition project. From Emmanuel Levinas’s philosophy, we take and extrapolate two major concepts—il y a and enjoyment—that help to re-evaluate the status of both nature and the human (...) subject involved in environmental instability. From this analysis, we evaluate current economic practice in close relation to the deteriorating environment to contribute to a conception of an economy that is truly based on principles of the biosphere. We conclude that humankind and nature are notions that must be always considered in this encompassing and topical effort and explain how they have been fundamentally overlooked in current thought on the bio-based and circular economy. (shrink)

This article explores the connection between objective chance and the randomness of a sequence of outcomes. Discussion is focussed around the claim that something happens by chance iff it is random. This claim is subject to many objections. Attempts to save it by providing alternative theories of chance and randomness, involving indeterminism, unpredictability, and reductionism about chance, are canvassed. The article is largely expository, with particular attention being paid to the details of algorithmic randomness, a topic relatively unfamiliar to philosophers.

The meaning of sustainability is the subject of intense debate among environmental and resource economists. Perhaps no other issue separates more clearly the traditional economic view from the views of most natural scientists. The debate currently focuses on the substitutability between the economy and the environment or between “natural capital” and “manufactured capital”—a debate captured in terms of weak versus strong sustainability. In this article, we examine the various interpretations of these concepts. We conclude that natural science and economic (...) perspectives on sustainability are inconsistent. The market-based Hartwick-Solow “weak sustainability” approach is far removed from both the ecosystem-based “Holling sustainability” and the “strong sustainability” approach of Daly and others. Each of these sustainability criteria implies a specific valuation approach, and thus an ethical position, to support monetary indicators of sustainability such as a green or sustainable Gross Domestic Product. The conflict between “weak sustainability” and “strong sustainability” is more evident in the context of centralized than decentralized decision making. In particular, firms selling “services” instead of material goods and regarding the latter as “capital” leads to decisions more or less consistent with either type of sustainability. Finally, we discuss the implications of global sustainability for such open systems as regions and countries. Open systems have not been dealt with systematically for any of the sustainability criteria. (shrink)

What is the value of intellectual playfulness? Traditional characterizations of the ideal thinker often leave out playfulness; the ideal inquirer is supposed to be sober, careful, and conscientiousness. But elsewhere we find another ideal: the laughing sage, the playful thinker. These are models of intellectual playfulness. Intellectual playfulness, I suggest, is the disposition to try out alternate belief systems for fun – to try on radically different perspectives for the sheer pleasure of it. But what would the cog-nitive value be (...) of such playfulness? I suggest that intellectual playfulness function as, at the very least, a kind of intellectual insurance policy against epistemic traps. An epistemic trap is a belief system that re-directs good-faith inquiry to bad results. Am epistemic trap manipulates background beliefs to fend off contrary evidence. For example, a conspiracy theory might include a set of beliefs about how the mainstream media has been taken over by some vicious cabal. Normal epistemic attempts will be captured by a well-wrought epistemic trap, because normal attempts at inquiry are guided by these background beliefs -- which set what counts as a plausible path to explore, and what is implausible or beyond the pale. And a clever epistemic trap will manipulate those background beliefs for ill effect. Intellectual playfulness, on the other hand, isn’t motivated by an epistemic interest in the truth, but in the sheer pleasure of intellectual exploration. Since intellectual playfulness isn’t oriented towards the truth, it won’t be constrained by an agent’s background beliefs – it won’t, for example, prefer to investigate apparently more plausible pathways. Intellectual playfulness offers an opportunity to escape from epistemic traps. But intellectual playfulness has its own limitations. It will only drive us to explore belief systems when that exploration is fun. What we need is an array of differently-motivated exploratory tendencies – empathy, curiosity, playfulness – each of which will each cover for the others’ limitations. (shrink)