This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The (...) rights thesis is instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

Ovaj clanak se bavi kritickom diskusijom shvatanja Kevina R. Dzonsona o americkoj imigrantskoj reformi, kao i njegovim predlogom o otvorenoj imigraciji koje je izneo u svojoj knjizi Otvaranje brana i u nekim drugim svojim clancima posvecenim istoj temi.

In this paper, I take up the conciliatory-steadfast debate occurring within social epistemology in regards to the phenomenon of peer disagreement. I will argue, because the conciliatory perspective al-lows us to understand argumentation pragmatically—as a method of problem-solving within a community rather than as a method for obtaining the truth—that in most cases, we should not simply agree to disagree.

American Academy of Pediatrics (AAP) and American College of Medical Genetics (ACMG) recently provided two recommendations about predictive genetic testing of children. The Clinical Sequencing Exploratory Research Consortium's Pediatrics Working Group compared these recommendations, focusing on operational and ethical issues specific to decision making for children. Content analysis of the statements addresses two issues: (1) how these recommendations characterize and analyze locus of decision making, as well as the risks and benefits of testing, and (2) whether the guidelines conflict or (...) come to different but compatible conclusions because they consider different testing scenarios. These statements differ in ethically significant ways. AAP/ACMG analyzes risks and benefits using best interests of the child and recommends that, absent ameliorative interventions available during childhood, clinicians should generally decline to order testing. Parents authorize focused tests. ACMG analyzes risks and benefits using the interests of the child and other family members and recommends that sequencing results be examined for additional variants that can lead to ameliorative interventions, regardless of age, which laboratories should report to clinicians who should contextualize the results. Parents must accept additional analysis. The ethical arguments in these statements appear to be in tension with each other. (shrink)

Van Fraassen has recently argued that empiricism can be construed as a stance, involving commitments, attitudes, values, and goals, in addition to beliefs and opinions. But this characterisation emerges from his recognition that to be an empiricist can not be to believe, or decide to commit to belief in, a foundational proposition, without removing any basis for a non-dogmatic empiricist critique of other philosophical approaches, such as materialism. However, noticeable by its absence in Van Fraassen's discussions is any mention of (...) Bartley's ‘pancritical rationalism’, for Bartley offers a cohesive argument that genuine dogmatism lies precisely in the act of commitment to an idea. The consequence of denying this, he thinks, is an opening of the floodgates to irrationalism: if to rely on reasoned argument in decision-making is fundamentally an act of faith, then there is a tu quoque – “I simply have a different faith” – that may be employed by those who wish to shield their views from criticism. This raises the following question: why should it be any less dogmatic to adopt particular commitments, attitudes, values, and goals, rather than a particular belief or opinion, come what may? And if Bartley is right that there is only one non-dogmatic attitude – the critical attitude – then why might this not be adopted by an empiricist, a materialist, a metaphysician, or anyone else? (shrink)

In this special issue, we are fortunate to be able to publish a series of papers on Harald Wohlrapp's The Concept of Argument, preceded by Wohlrapp’s own précis of his book.

The Significance Argument (SA) for the irreducibility of consciousness is based on a series of new puzzle-cases that I call multiple candidate cases. In these cases, there is a multiplicity of physical-functional properties or relations that are candidates to be identified with the sensible qualities and our consciousness of them, where those candidates are not significantly different. I will argue that these cases show that reductive materialists cannot accommodate the various ways in which consciousness is significant and must allow (...) massive vagueness in conscious experience. I also will argue that a nonreductive theory of the conscious-of relation can easily provide a very satisfying, unified explanation of the ways in which this relation is significant. (shrink)

Andy Clark and David Chalmers (1998) argue that certain mental states and processes can be partially constituted by objects located beyond one’s brain and body: this is their extended mind thesis (EM). But they maintain that consciousness relies on processing that is too high in speed and bandwidth to be realized outside the body (see Chalmers, 2008, and Clark, 2009). I evaluate Clark’s and Chalmers’ reason for denying that consciousness extends while still supporting unconscious state extension. I argue that their (...) reason is not well grounded and does not hold up against foreseeable advances in technology. I conclude that their current position needs re-evaluation. If their original parity argument works as a defence of EM, they have yet to identify a good reason why it does not also work as a defence of extended consciousness. I end by advancing a parity argument for extended consciousness and consider some possible replies. (shrink)

Brian Cutter objected to the consequence argument due to its dependence on the principle that miracle workers are metaphysically impossible. A miracle worker is someone who has the ability to act in a way such that the laws of nature would be violated. While there is something to the thought that agents like us do not have this ability, Cutter claims that there is no compelling reason to regard miracle workers as metaphysically impossible. However, the paper contends that miracle (...) workers are indeed impossible according to well-known theories concerning the laws of nature. This result highlights the reliance of the consequence argument on a plausible premise, which is widely accepted by proponents of non-Humean views of laws. The paper also provides a way to explain away the intuition that miracle workers are possible, but this has the upshot that a recent, two-dimensional formulation of the consequence argument is unsound. (shrink)

We argue that there is a conflict among classical theism's commitments to divine simplicity, divine creative freedom, and omniscience. We start by defining key terms for the debate related to classical theism. Then we articulate a new argument, the Aloneness Argument, aiming to establish a conflict among these attributes. In broad outline, the argument proceeds as follows. Under classical theism, it's possible that God exists without anything apart from Him. Any knowledge God has in such a world (...) would be wholly intrinsic. But there are contingent truths in every world, including the world in which God exists alone. So, it's possible that God contingently has wholly intrinsic knowledge. But whatever is contingent and wholly intrinsic is an accident. So, God possibly has an accident. This is incompatible with classical theism. Finally, we consider and rebut several objections. (shrink)

This paper reviews the hole argument as an argument against spacetime substantivalism. After a careful presentation of the argument itself, I critically review possible responses.

Relativism offers a nifty way of accommodating most of our intuitions about epistemic modals, predicates of personal taste, color expressions, future contingents, and conditionals. But in spite of its manifest merits relativism is squarely at odds with epistemic value monism: the view that truth is the highest epistemic goal. I will call the argument from relativism to epistemic value pluralism the trivial argument for epistemic value pluralism. After formulating the argument, I will look at three possible ways (...) to refute it. I will then argue that two of these are unsuccessful, and defend the third, which involves denying that there are any genuinely relative truths. (shrink)

Why is gauge symmetry so important in modern physics, given that one must eliminate it when interpreting what the theory represents? In this paper we discuss the sense in which gauge symmetry can be fruitfully applied to constrain the space of possible dynamical models in such a way that forces and charges are appropriately coupled. We review the most well-known application of this kind, known as the 'gauge argument' or 'gauge principle', discuss its difficulties, and then reconstruct the gauge (...) argument as a valid theorem in quantum theory. We then present what we take to be a better and more general gauge argument, based on Noether's second theorem in classical Lagrangian field theory, and argue that this provides a more appropriate framework for understanding how gauge symmetry helps to constrain the dynamics of physical theories. (shrink)

Animalism is the view that we are animals: living, breathing, wholly material beings. Despite its considerable appeal, animalism has come under fire. Other philosophers have had much to say about objections to animalism that stem from reflection on personal identity over time. But one promising objection (the `Elimination Argument') has been overlooked. In this paper, I remedy this situation and examine the Elimination Argument in some detail. I contend that the Elimination Argument is both unsound and unmotivated.

The Systematicity Arguments is the only book-length treatment of the systematicity and productivity arguments.

The definitive statement of the Knowledge Argument was formulated by Frank Jackson, in a paper entitled “Epiphenomenal Qualia” that appeared in The Philosophical Quarterly in 1982. Arguments in the same spirit had appeared earlier (Broad 1925, Robinson 1982), but Jackson’s argument is most often compared with Thomas Nagel’s argument in “What is it Like to be a Bat?” (1974). Jackson, however, takes pains to distinguish his argument from Nagel’s. This entry will follow standard practice in focusing (...) on Jackson’s argument, though I will also describe the main points of alleged similarity and dissimilarity between these two arguments. (shrink)

The modal argument against materialism, in its most standard form, relies on a compatibility thesis to the effect that the physical truths are compatible with the absence of consciousness. I propose an alternative modal argument that relies on an incompatibility thesis: The existence of consciousness is incompatible with the proposition that the physical truths provide a complete description of reality. I show that everyone who accepts the premises of the standard modal argument must accept the premises of (...) the revised modal argument, but not vice versa. (shrink)

Presentism is typically characterised as the thesis that everything is present, and therefore there are no dinosaurs or Martian presidential inaugurations. Putting aside the vexed question of exactly what it is to be present in this context, this thesis seems quite straightforward. However, a number of authors—such as Merricks, Lombard, Meyer, Tallant and Sakon —have argued that Presentism so characterised is either trivially true or false even by Presentist lights. This is the so-called Triviality Argument against Presentism. In this (...) paper I show that three of the four premises of the Triviality Argument are plausibly false. I conclude that Presentists have nothing to fear from the Triviality Argument. (shrink)

Frank Jackson's knowledge argument imagines a super-smart scientist, Mary, forced to investigate the mysteries of human colour vision using only black and white resources. Can she work out what it is like to see red from brain-science and physics alone? The argument says no: Mary will only really learn what red looks like when she actually sees it. Something is therefore missing from the science of the mind, and from the 'physicalist' picture of the world based on science. (...) This powerful and controversial argument remains as pivotal as when it was first created in 1982, and this volume provides a thorough and incisive examination of its relevance in philosophy of mind today. The cutting-edge essays featured here break new ground in the debate, and also comprehensively set out the developments in the story of the knowledge argument so far, tracing its impact, past, present, and future. (shrink)

Bird argues that Armstrong’s necessitarian conception of physical modality and laws of nature generates a vicious regress with respect to necessitation. We show that precisely the same regress afflicts Bird’s dispositional-monist theory, and indeed, related views, such as that of Mumford & Anjum. We argue that dispositional monism is basically Armstrongian necessitarianism modified to allow for a thesis about property identity.

The knowledge argument is something that is both an ideal for philosophy and yet surprisingly rare: a simple, valid argument for an interesting and important conclusion, with plausible premises. From a compelling thought-experiment and a few apparently innocuous assumptions, the argument seems to give us the conclusion, a priori, that physicalism is false. Given the apparent power of this apparently simple argument, it is not surprising that philosophers have worried over the argument and its proper (...) diagnosis: physicalists have disputed its validity, or soundness or both; in response, non-physicalists have attempted to reformulate the argument to show its real anti-physicalist lesson. (shrink)

I call the activity of assessing and developing improvements of our representational devices ‘conceptual engineering’.¹ The aim of this chapter is to present an argument for why conceptual engineering is important for all parts of philosophy (and, more generally, all inquiry). Section I of the chapter provides some background and defines key terms. Section II presents the argument. Section III responds to seven objections. The replies also serve to develop the argument and clarify what conceptual engineering is.

One recent trend in the philosophy of mathematics has been to approach the central epistemological and metaphysical issues concerning mathematics from the perspective of the applications of mathematics to describing the world, especially within the context of empirical science. A second area of activity is where philosophy of mathematics intersects with foundational issues in mathematics, including debates over the choice of set-theoretic axioms, and over whether category theory, for example, may provide an alternative foundation for mathematics. My central claim is (...) that these latter issues are of direct relevance to philosophical arguments connected to the applicability of mathematics. In particular, the possibility of there being distinct alternative foundations for mathematics blocks the standard argument from the indispensable role of mathematics in science to the existence of specific mathematical objects. (shrink)

In the early 1980’s van Inwagen presented the Direct Argument for the incompatibility of determinism with moral responsibility. In the course of the ensuing debate, Fischer, McKenna and Loewenstein have replied, each in their own way, that versions of the Direct Argument do not pose even a prima facie threat to compatibilism. Their grounds were that versions of the Direct Argument all use the “Transfer NR” inference rule in a dialectically problematic way. I rebut these replies here. (...) By so doing, I hope to set the Direct Argument debate on a more fruitful path. (shrink)

This paper presents a simple but, by my lights, effective argument for a subclassical account of logic—an account according to which logical consequence is (properly) weaker than the standard, so‐called classical account. Alas, the vast bulk of the paper is setup. Because of the many conflicting uses of ‘logic’ the paper begins, following a disclaimer on logic and inference, by fixing the sense of ‘logic’ in question, and then proceeds to rehearse both the target subclassical account of logic and (...) its well‐known relative (viz., classical logic). With background in place the simple argument—which takes up less than five pages—is advanced. My hope is that the minimal presentation will help to get ‘the simple argument’ plainly on the table, and that subsequent debate can move us forward. (shrink)

The knowledge argument aims to refute physicalism, the doctrine that the world is entirely physical. Physicalism is widely accepted in contemporary philosophy. But some doubt that phenomenal consciousness.

The knowledge argument aims to refute physicalism, the view that the world is entirely physical. The argument first establishes the existence of facts about consciousness that are not a priori deducible from the complete physical truth, and then infers the falsity of physicalism from this lack of deducibility. Frank Jackson gave the argument its classic formulation. But now he rejects the argument . On his view, it relies on a false conception of sensory experience, which should (...) be replaced with representationalism , the view that phenomenal states are just representational states. And he argues that mental representation is physically explicable. (shrink)

Leibniz's version of the ontological argument, a modal argument for theism on which he worked most intensively in the 1670s, has two stages. The first, an “incomplete” proof, concludes that God can only be a necessary being, and therefore if God's existence is possible, then God exists. The second stage is an a priori argument that the existence of such a necessary God is indeed possible. Leibniz's fullest attempts at a possibility proof turn on his conception of (...) a most perfect being, and the chapter concludes that they are not likely to succeed, in part because of difficulties in connecting the concepts of perfection and necessary existence. (shrink)

Is structure a fundamental and indispensable part of the world? Is the question of ontology a question about structure? Structure is a central notion in contemporary metaphysics [Sider 2011. Writing the Book of the World. Oxford: Clarendon Press]. Realism about structure claims that the question of ontology is about the fundamental and indispensable structure of the world. In this paper, I present a criticism of the metaphysics of realism about structure based on a version of Russell’s famous regress argument (...) against nominalism [Russell 1911. “On the Relation of Universals and Particular.” In Logic & Knowledge. Reprint, London: George Allen & Unwin]. First, I argue that the three general tests for the fundamentality of structure proposed by realism about structure rely on a particular empirical test for structure, namely, the so-called ‘similarity test for structure.’ Second, I argue that the similarity test is not well-founded because it leads to a vicious regress. Third, I argue that the regress affects the whole metaphysics of realism about structure, and that no structural notion can be said to be fundamental in connection with any of the other tests. Lastly, I argue that the question of ontology as a question about structure is not substantive. (shrink)

The formalisation of Natural Language arguments in a formal language close to it in syntax has been a central aim of Moss’s Natural Logic. I examine how the Quantified Argument Calculus (Quarc) can handle the inferences Moss has considered. I show that they can be incorporated in existing versions of Quarc or in straightforward extensions of it, all within sound and complete systems. Moreover, Quarc is closer in some respects to Natural Language than are Moss’s systems – for instance, (...) is does not use negative nouns. The process also sheds light on formal properties and presuppositions of some inferences it formalises. Directions for future work are outlined. (shrink)

In his recent article Perry Hendricks presents what he calls the impairment argument to show that abortion is immoral. To do so, he argues that to give a fetus fetal alcohol syndrome is immoral. Because killing the fetus impairs it more than giving it fetal alcohol syndrome, Hendricks concludes that killing the fetus must also be immoral. Here, I claim that killing a fetus does not impair it in the way that giving it fetal alcohol syndrome does. By examining (...) the reason why giving a fetus this condition is wrong, I conclude that the same reasoning, on common pro‐choice accounts, does not apply to killing the fetus. Accordingly, Hendricks's argument does not succeed in showing abortion is immoral. (shrink)

Perry Hendricks has recently presented the impairment argument for the immorality of abortion, to which I responded and he has now replied. The argument is based on the premise that impairing a fetus with fetal alcohol syndrome is immoral, and on the principle that if impairing an organism is immoral, impairing it to a higher degree is also—the impairment principle. If abortion impairs a fetus to a higher degree, then this principle entails abortion is immoral. In my reply, (...) I argued that abortion does not impair an organism in the way fetal alcohol syndrome does, and showed that interest theorists can avoid the argument. Hendricks has responded to my criticisms by demonstrating how abortion does impair an organism. In this reply, I acknowledge Hendricks’ point, but proceed to criticise the application of the impairment principle to abortion, showing that it is invalid if we accept his explanation for why inflicting fetal alcohol syndrome is immoral. I also argue that counter-examples show the impairment principle itself to be dubitable, concluding that the impairment argument remains unpersuasive. (shrink)

The Doomsday argument purports to show that the risk of the human species going extinct soon has been systematically underestimated. This argument has something in common with controversial forms of reasoning in other areas, including: game theoretic problems with imperfect recall, the methodology of cosmology, the epistemology of indexical belief, and the debate over so-called fine-tuning arguments for the design hypothesis. The common denominator is a certain premiss: the Self-Sampling Assumption. We present two strands of argument in (...) favor of this assumption. Through a series of thought experiments we then investigate some bizarre prima facie consequences – backward causation, psychic powers, and an apparent conflict with the Principal Principle. (shrink)