Copyright gives creators a monopoly on most uses of their work throughout their lives and for seventy years post mortem. Copyfraud, in Mazzone's striking but far from unjustified usage, is a claim of ownership made by institutions and individuals that do not possess it. To discover how prevalent such frauds are (and the degree to which they constrain and contort writers, musicians, filmmakers, and others) is truly amazing. Mazzone deals only with the US, but though the precise contours of copyright (...) are slightly different in the UK and the EU, the same kinds of overreach arise more or less everywhere nowadays. Who are the perpetrators? Museums that claim copyright in images of works that they own or hold but that are in the public domain; picture libraries that charge license fees for out-of-copyright works; publishers who make false assertions of copyright in government publications, even in law school editions of the US Constitution; media corporations that claim to be able to license excerpts of works that they own despite the provisions of the (admittedly vague) “fair use” clause in long-established copyright laws; and the heirs and estates of writers who claim control of all uses made of the published and unpublished words of their fathers, aunts, and so forth. Publishers collude in this now rampant abuse of public access to cultural goods by insisting that authors of fiction and nonfiction works undertake to clear copyright to material borrowed from sources, a laborious process for which most writers are ill equipped. The result is that key evidence in scholarly work is often simply left out. In documentary film, the effects of copyfraud can be seen only in those films that are not made: the industry convention—“when in doubt, obtain a license”—makes many subjects financially and practically unviable.This book should have been a wake-up call, when it appeared a decade ago, for all involved in what is now called “cultural production” to reassert their rights, and the rights of the public, to free access to material that is not and never will be privately owned. Alas, Mazzone's detailed chapters on what ought to be done next have remained dead letters. It is time to reread them and to heave the ball back down the false mountain of improper claims of ownership made by corporations and individuals who know what they are doing and know they can get away with it. This laudably clear, direct, and readable book brings to mind an old English rhyme that remains as relevant today as it ever was: The law doth punish man or woman / That steals the goose from off the common / But lets the greater felon loose / Who steals the common from the goose. (shrink)

An eye-opener and a head-scratcher, this set of fifty exercices de style offers an oblique and learned introduction to a great classic of ludic literature dating from the twelfth century, the Maqamat of al-Hariri. Each of the fifty tales of the trickster Abu Zayid, some or perhaps all of which contain or are constituted by one or more formal restrictions, is here presented in the form of a pastiche of some familiar or exotic register of writing in English. We can (...) only admire Cooperson for having taught himself to channel Chaucer, Woolf, and Twain, to parrot Singaporean, Nigerian, and Indian English, to compose in dramatic form and in verse, and to riff off Austen as well as a dictionary of law.... What is frustrating to readers is that our translator-imposter does not let us play the game. He explains each exercise and justifies his approach to it in a prefatory note, then adds footnotes, a bibliography, and a glossary of the “dialect” chosen. We are not even allowed to play guess-the-author! The aim of the elaborate and scholarly apparatus attached to these imitative imitations is to give a hint—a necessarily and unapologetically misleading one—of the pleasure and value of the medieval Arabic for its first and later readers.The problem is that pastiche is not only an entertaining exercise. It typically serves a purpose located somewhere between mockery and homage, and sometimes plays both ends against the middle. Cooperson, however, is not mocking Dickens or Gibbon, even less the al-Hariri he clearly admires beyond all others. Consequently, the nonparticipant reader becomes ever more baffled as to what the game is really for. Surely it cannot be intended only to show us how clever and knowledgeable Mr. Cooperson is? Which he certainly is, but not beyond tripping over his own skipping rope. For example, the prisoner's constraint used in the middle of a pastiche of Dickens, when implemented in the way it was defined by its inventor Paul Fournel, excludes the letter z and also cannot accommodate the tilde of señor—and Dickens would have written bade for the past tense of bid. The more you read, the less you smile, the more you quibble as you are drawn into a surely unintended game of spot-the-blooper.It takes genius to write like someone else, which is why the people who get away with it for real use a battery of extratextual devices to deceive (think of Guilleragues, Ossian, Chatterton, Kuzma Proutkov, Romain Gary... ). Cooperson is not seeking to deceive (yet how can a pastiche not gesture toward deception?), but he is not actually offering fifty linked stories by fifty different hands either. What he has produced with the help of his distinguished préfacier, two editors, and a bevy of consultants is a curiously unidentifiable literary object, and quite possibly the only one of its kind.Two statements made by the translator in his introduction disturb me. He says he avoided using most twentieth-century literary models and references in order not to run into copyright issues. This is a declaration of submission to the Copyright Monster invented and unleashed by publishers in flagrant disregard of the laws of the UK, the US, and the EU, all of which allow parody and pastiche without permission of the copyright holder. Second, he “takes seriously the argument that privileged users of Standard English have no business imitating... the speech varieties associated with less privileged communities.” In all times other than our own, the privileged did not deign to use “less privileged” forms of speech (unless they were Victor Hugo), but if now they do not even dare, we can still guess what will happen. The less privileged will seek to use more privileged forms of speech, just as Anglo-Saxon serfs aped Norman French until they ended up speaking English. More recently, wealthy corporations have sought to own whole programming languages by extending the reach of copyright law; perhaps “less privileged communities” are now about to use similar weapons to protect their linguistic turf. We must object as noisily as we can to attempts to enclose public goods by corporations, by self-defining communities, or by any other entities. We would all be the poorer if they should ever succeed. (shrink)

Etymologies are often entertaining, but it is not always obvious what they mean. Take the case of Old Frankish *sal, meaning a single-roomed dwelling. The word was taken over by speakers of Vulgar Latin as sala, and by 1100 CE it had become a word of Anglo-Norman French, since in The Song of Roland it crops up as sale, meaning the living area of a castle. Some time later, it wandered into Italian. Renaissance architects wanted to make a new word (...) for the increasingly grandiose spaces they were designing, so they added an augmentative suffix, producing salone. In the seventeenth century, French translations of Italian works on architecture reproduced the new term, only dropping the final e so as to keep the masculine gender of the Italian. French salon came into English in the early eighteenth century, initially as a word for a large and lofty room; but as French speakers applied it more and more to social functions occurring in such spaces, English speakers did so too. Then came a fork: a phonological adaptation produced saloon, which drifted off as a fully naturalized word of English toward hotels, carriages, bars, and cars; but salon persisted nonetheless. By retaining the stress pattern and marginally nasal final vowel of its source language, the doublet has remained in use as a xenism—a word of English understood to be not English, but understood in English all the same.How many such words are there? Hundreds, maybe thousands. Coupé, du jour, fuselage, pizza, paparazzi, sauerkraut, Zeitgeist—all signal their foreignness either by nonstandard pronunciation of written consonants (s, g, j, z), the presence of foreign diacritics, or irregular tonic stress. These are the kinds of loanwords that Scholar calls “émigrés,” but he gives us not thousands or hundreds or even a dozen of them: his chapters deal only with four: à la mode, ennui, naïveté, and caprice. The histories of these words do not really teach us any more about the cultural, social, and political relations between England and France than do saloon and salon, which is not much at all, or any other set of loanwords that retain phonetic or orthographic signs of foreignness. Scholar nonetheless does his level best to put his favored four at the heart of early modern English culture. Lengthy accounts of a play by Dryden, a famous work of Schiller's, an essay by Raymond Williams, Caribbean notions of creolization, and a John le Carré novel, learned though they all may be, do not really make the argument more persuasive, or even clear. By the end of this beautifully produced and floridly written book, the reader (or at least this reader) is not quite sure what it was really about. The very title of Émigrés repurposes a xenism which in regular usage is associated with high social status (we never talk of émigré workers, for example), thus exhibiting what I suppose the whole field ought to demonstrate: the ways in which new, hard, or nonnative words are always used to establish pecking orders between speakers, between their interlocutors and between their worlds. In Bourdieusian terms: not to make distinctions, but to create distinction. (shrink)

The undisputed master of stylistic criticism, Leo Spitzer combined phenomenal learning in historical and comparative linguistics with brilliant and original critical insight. He was born in Vienna in 1887. He studied Romance Philology at the Universities of Vienna and Paris and then taught at Vienna, Bonn, Marburg and Cologne. After escaping from Germany in 1933, he taught briefly at Istanbul and then at The Johns Hopkins University in Baltimore. He died in 1960. He was the author of over 800 books, (...) articles, reviews and notes on the language and literatures of France, Spain, Italy, Portugal, Romania, Germany, England and America from the Middle Ages to the twentieth century. This translation brings together for the first time in any language all of Spitzer's work on the literature of seventeenth-century France, including 'Racine's classical piano' and 'Saint-Simon's portrait of Louis XIV'. Each of the essays demonstrates in practical rather than theoretical terms the essential unity of literary and linguistic study. David Bellos's introduction sets Spitzer's method of textual and stylistic interpretation in its historical context and sketches out the career of this supremely knowledgeable reader for whom knowledge was less important than understanding. (shrink)

Both a political history and a moral critique of the twentieth century, this is a personal and impassioned book from one of Europe's most outstanding intellectuals. Identifying totalitarianism as the major innovation of the twentieth century, Tzvetan Todorov examines the struggle between this system and democracy and its effects on human life and consciousness.Totalitarianism managed to impose itself because, more than any other political system, it played on people's need for the absolute: it fed their hope to endow life with (...) meaning by taking part in the construction of a paradise on earth. As a result, millions of people lost their lives in the name of a higher good. While democracy eventually won the struggle against totalitarianism in much of the world, democracy itself is not immune to the pitfall of do-goodery: moral correctness at home and atomic or "humanitarian" bombs abroad.Todorov explores the history of the past century not only by analyzing its spectacular political conflicts but also by offering moving profiles of several individuals who, at great personal cost, resisted the strictures of the communist and Nazi regimes. Some--Margarete Buber-Neumann, David Rousset, Primo Levi, and Germaine Tillion--were deported to concentration camps. Others--Vasily Grossman and Romain Gary--fought courageously in World War II. All became exemplary witnesses who described with great lucidity and humanity what they had endured.This book preserves the memory of the past as we move into the twenty-first century--arguing eloquently that we must place the past at the service of a just future. (shrink)

The Turing Test is claimed by many to be a way to test for the presence, in computers, of such ``deep'' phenomena as thought and consciousness. Unfortunately, attempts to build computational systems able to pass TT have devolved into shallow symbol manipulation designed to, by hook or by crook, trick. The human creators of such systems know all too well that they have merely tried to fool those people who interact with their systems into believing that these systems really have (...) minds. And the problem is fundamental: the structure of the TT is such as to cultivate tricksters. A better test is one that insists on a certain restrictive epistemic relation between an artificial agent A, its output o, and the human architect H of A – a relation which, roughly speaking, obtains when H cannot account for how A produced o. We call this test the ``Lovelace Test'' in honor of Lady Lovelace, who believed that only when computers originate things should they be believed to have minds. (shrink)

The objective of this work was to construct and validate an instrument for assessing resilience to suicide attempts in a Spanish clinical population that has made a previous attempt, and to verify its efficacy for predicting future suicide reattempts at 6 months. For the construction of a Scale of Resilience to Suicide Attempts the theoretical-rational strategy was used. The constructed SRSA-18 consisted of 18 items and 3 subdimensions, had high internal consistency and a high positive correlation with the Suicide Resilience (...) Inventory-25, SRI-25, and to a lesser extent with general resilience scales such as the Connor-Davidson Resilience Scale, CD-RISC and the Resilience Scale of 14 items, RS-14. Additionally, a specific SRSA-18 score predicted future suicide reattempts 6 months after the first attempt. This new scale assesses in a brief and rapid way, through protective factors rather than risk factors, the level of resilience to the suicide attempt in specific clinical subpopulations in hospital emergency services, being able to prevent suicide reattempts with higher lethality. (shrink)

The relationship between jus ad bellum and jus in bello has been characterized differently throughout European history. There have been three main positions exemplified by Hugo Grotius, Samuel von Pufendorf and Emer de Vattel. They are, first, both the cause and the conduct of warfare must be just; second, the cause must be just, but the conduct of the war is unconstrained in order to achieve the goal of peace; and, third, we must assume justice on both sides, and concentrate (...) on ensuring just conduct in armed conflict. Each attempted to distil customary practices, which they saw in some relation to Natural Law, the ultimate source of moral obligation. Customary international law now serves the function of Natural Law in that even if treatises in which it is articulated lapse the customary constraining precepts remain, and are equally obligatory. It is contended that the relationship between just war and just conduct in war during the 20th and 21st centuries has mirrored the three classic positions, and since 9/11, with the advent of new dimensions to warfare in the war against terror, the relationship is in flux. Since 9/11 there has been a growing emphasis on jus ad bellum and a relative silence on the principles of jus in bello. Implicitly, there is an informal acceptance of something like Pufendorf’s position in which outlaw combatants are deemed to place themselves outside of the protection of customary law. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. Furthermore, both (...) jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility ofeliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

Important moral dilemmas arise in the context of what I have called jus terminatio and Darrel Moellendorf has called jus ex bello—the norms governing the termination of war. I discuss three dilemmas, showing how they also illuminate proportionality and jus ad bellum: morally accounting for new costs that arise during the course of a war; two variants of the “sunk-cost dilemma” in which an agent is permitted to contribute to a project that is all things considered morally unjust, when that (...) project is morally justified on a forward-looking basis; and the problem of moral hazard in peace negotiations. (shrink)

We suggest thinking about the beginning and ending of wars as an exercise in risk management. We argue that states, like individual citizens, must accept that some degree of security risk is inevitable when coexisting with others. We offer two principles for the just management of military risk. The first principle is Morally Justified Bearable Risk, which demands that parties at war temper their claims of justice with the realities of an anarchic and conflicted international system. The second principle, Minimum (...) Consistency toward Risk, mandates that states generally not weigh security threats higher than risks from other sources. (shrink)

One way to tell the story of contemporary ethics of war is as a gradual expansion of the period of time to which theorists attend in relation to war, from ad bellum and in bello to post bellum and ex bello. Ned Dobos, in his new book, Ethics, Security, and the War-Machine, invites us to expand this attention further to the period between wars, which he calls jus ante bellum. In this essay, I explore two significant implications of this shift (...) in normative focus. First, I argue that it opens up an important and productive field of the ethics of military policy-making outside of conflict, including procurement, training, force posture, and military diplomacy. Second, I argue that attending to the relationship between ante bellum and ad bellum considerations contains the seeds of a powerful pacifist argument. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Erictho and Demogorgon: Poetry against Metaphysics DAVID QUINT Epic without the gods? The Roman poet Lucan (39–65 ce) created a secular counter-epic inside classical epic, removing the genre’s usual pantheon of Olympian deities and replacing them with Fortune. His Bellum civile (titled De bello civili in manuscripts, alternately titled Pharsalia) a poem about the conflict between Julius Caesar and Pompey, thereby delegitimizes the emperors who succeeded the dying (...) Roman republic, including Nero, the reigning emperor of Lucan’s day.1 They are not part of a divine plan: no such plan has ever existed. In an epic where the gods are silent or refuse to speak, Pompey’s son, Sextus, anxious to know the future, has to seek other means. In Book 6, he consults the Thessalian witch Erictho about the outcome of the approaching battle in Pharsalia. She reanimates the corpse of a dead soldier on Pompey’s republican side and makes it talk (BC 6.419–830).2 Lucan’s scene of necromancy gave birth to a major antimetaphysical strain in the European literary tradition. Among others, Dante, Cervantes, Marlowe, Spenser, Goethe, and Shelley confronted this episode of the Pharsalia and pondered its implications. Erictho’s magic is a figure for poetic making itself. It turns the supernatural into theater— the divine machinery of epic exposed as a deus ex machina— and these authors’ responses to Erictho will shift from epic into dramatic forms. In place of the gods, in place of the epic visit to the underworld, particularly in place of and in response to Aeneas’s trip to the realm of the dead arion 28.2 fall 2020 2 erictho and demogorgon in the corresponding Book 6 of the Aeneid, Lucan presents Erictho’s macabre performance: human witchcraft and intimations of an alternate, eerie numen residing in the earth, a force of nature. Subsequent readers would give this latter power a name: Demogorgon.3 Lucan links republicanism and freedom to a kind of atheism and to historical contingency. He unmasks and strips the props of religion from Caesarism and monarchy. (In vain for the poet: Lucan was forced to commit suicide in 65 ce, after he was implicated in the failed Pisonian conspiracy against Nero.) Lucan desacralizes poetry itself, which here confesses its limits, which are the limits of human mortality, even as Erictho seems, however briefly, to overcome them. No, poetry cannot literally raise the dead: it is a magic trick that makes the words on the page form into images, take life, and speak to us. Lucan answers the criticisms the philosopher and theologian make to poetry by openly acknowledging the false bottom of the hat from which poetry pulls its rabbits. It has no access to a real bottom, an underworld beyond death; it is all representation.4 The philosopher and the theologian may be poets no less than he is, but they do not want to know it, too busy, perhaps, in supporting tyranny over human minds and bodies. Plato and Augustine are two such critics on either historical side of Lucan, and they help us to understand the stakes of the Roman poet’s project. Both were dissatisfied with literature and they wanted to be something more than the great rhetoricians that they were. In the Symposium, Plato demystifies the archetypal myth of poetry, the singing of Orpheus that sought to bring Eurydice back from death: the gods sent Orpheus away from Hades empty-handed and showed him the mere shadow [eidolon] of the woman he had come to seek: Eurydice herself they would not let him take, because he seemed, like the mere minstrel that he was, to be a lukewarm lover, lacking the courage to die as Alcestis died for love, and choosing rather to scheme his way, living, into Hades. And it was for this that the gods doomed him, and doomed him justly, David Quint 3 to meet his death at the hands of women. (179d)5 Behind the words of his shallowly sentimental speaker Phaedrus we can detect Plato’s familiar hostility to poetry, his objection in Book 10 of the Republic that the poet merely imitates the appearances of things and is... (shrink)

The supreme emergency exemption proposed by Michael Walzer has engendered controversy because it permits violations of the jus in bello principle of discrimination when a state is faced with imminent defeat at the hands of a very evil enemy. Traditionalists among just war theorists believe that noncombatants should never be deliberately targeted in war whether or not there is a supreme emergency. Pacifists on the other hand reject war as immoral even in a supreme emergency. Unlike Walzer, neither just war (...) traditionalists nor pacifists make a special case for supreme emergencies. In this paper, I borrow Walzer’s concept to provide support for a different ethics of war that limits war to supreme emergencies. In non-supreme emergency situations, I agree with pacifists in rejecting war even if just war requirements are satisfied. But in supreme emergencies, I agree with just war traditionalists that war can be legitimately fought provided that moral constraints that protect noncombatants are respected. (shrink)

There are two contrasting paradigms for dealing with terrorists: war and law enforcement. In this paper, I first discuss how the just war theory assesses the military response to the 9/11 terrorist attacks on the United States. I argue that the ethical problems with the U.S. attack on Afghanistan in response to 9/11 concern principles of jus ad bellum besides just cause. I show that the principles of right intention, last resort, proportionality and likelihood of success were violated. Furthermore, both (...) jus in bello principles of proportionality and discrimination were not satisfied in targeting terrorists in places where civilians not linked to them live. The law enforcement that takes place in liberal democracies is fully respectful and protective of innocent lives. Crime is dealt with by apprehending lawbreakers and putting them on trial if possible, and by keeping criminal elements on the loose away from potential victims. Good law enforcement also includes acting to remove causes of crime. I examine how this model applies to the problem of terrorism and address objections concerning the impossibility of eliminating terrorism, the slowness of success, and the possibility that there are “nut cases” who hate America no matter what. (shrink)

v. 1. Siglo XVII-XVIII.--v. 2. Siglo XVIII, Suárez y Urbina.--v. 3. Siglo XIX, Andrés Bello.

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics (...) of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs. (shrink)

Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.

Power, peace, and the just war ethic -- The criterion of legitimate authority : describing the political act -- The criterion of just cause : the limits on government's international jurisdiction -- The criterion of just intention : the pursuit of peace and international order -- Justice in bello : applying the principle of discrimination -- The just war ethic and the nature of Christian realism.

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: what do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies and international relations. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

We undertake the comparison between Ludwig von Bertalanffy's General Systems Theory and Alexandr Bogdanov's Tektology as two theories proposing a holistic interpretation of reality and claiming to solve problems which are unsolvable via conventional philosophic and scientific theories and methodologies. Basic misunderstandings by some Soviet authors regarding the nature of these theories -- especially in the case of Tektology -- are pointed out. The comparison is made in what concerns the general origins and purposes of the theories, their approaches to (...) the problem of organization, their treatment of mathematics and their understanding of the cybernetic concept of regulation. We contend that Tektology contains -- some 15 years earlier -- all the basic concepts which will be later developed by the General Theory of Systems. As we shall see, Tektology is the ultimate expansion of any theory of systems. This fact is widely ignored in contemporary specialized literature. We finally contend that both Tektology and the General Systems Theory are a sign of the times. A holistic secular monism is a respectable alternative to the failure of contemporary science and philosophy in guiding the life of men, in providing a raison d'être for human existence. However, we do not explore the soundness of this alternative. (shrink)

In this book, which thoroughly revises and greatly expands his classic work Sameness and Substance, David Wiggins retrieves and refurbishes in the light of twentieth-century logic and logical theory certain conceptions of identity, of substance and of persistence through change that philosophy inherits from its past. In this new version, he vindicates the absoluteness, necessity, determinateness and all or nothing character of identity against rival conceptions. He defends a form of essentialism that he calls individuative essentialism, and then a (...) form of realism that he calls conceptualist realism. In a final chapter he advocates a human being-based conception of the identity and individuation of persons, arguing that any satisfactory account of personal memory must make reference to the life of the rememberer himself. This important book will appeal to a wide range of readers in metaphysics, philosophical logic, and analytic philosophy. (shrink)

El objetivo propuesto en el siguiente trabajo es elucidar cómo desde la finitud de la existencia puede establecerse la problemática de la temporalidad dentro del entramado de pensamiento de Martin Heidegger. Para ello realizaremos un análisis de la conferencia de 1924 Der Begriff der Zeit, uno de los textos que allanan el camino a Sein und Zeit, en lugar de centrar la investigación en la considerada obra magna de Heidegger. Una reflexión acerca de este texto previo permitirá avanzar en el (...) análisis de la existencia al mostrar cómo el tiempo está arraigado en la existencia individual, no como un solipsismo, sino como apertura de posibilidades respecto del mundo (a la postre compartido con los otros). Una descripción fenomenológica de la muerte posibilitará la apertura al mundo, definiendo una temporalidad existencial que incluye no sólo al instante presente, sino también al pasado (concebido bajo la forma del «haber-sido») y al futuro. (shrink)

Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).

Lipsey and Lancaster's "general theory of second best" is widely thought to have significant implications for applied theorizing about the institutions and policies that most effectively implement abstract normative principles. It is also widely thought to have little significance for theorizing about which abstract normative principles we ought to implement. Contrary to this conventional wisdom, I show how the second-best theorem can be extended to myriad domains beyond applied normative theorizing, and in particular to more abstract theorizing about the normative (...) principles we should aim to implement. I start by separating the mathematical model used to prove the second-best theorem from its familiar economic interpretation. I then develop an alternative normative-theoretic interpretation of the model, which yields a novel second best theorem for idealistic normative theory. My method for developing this interpretation provides a template for developing additional interpretations that can extend the reach of the second-best theorem beyond normative theoretical domains. I also show how, within any domain, the implications of the second-best theorem are more specific than is typically thought. I conclude with some brief remarks on the value of mathematical models for conceptual exploration. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

Artificial intelligence has historically been conceptualized in anthropomorphic terms. Some algorithms deploy biomimetic designs in a deliberate attempt to effect a sort of digital isomorphism of the human brain. Others leverage more general learning strategies that happen to coincide with popular theories of cognitive science and social epistemology. In this paper, I challenge the anthropomorphic credentials of the neural network algorithm, whose similarities to human cognition I argue are vastly overstated and narrowly construed. I submit that three alternative supervised learning (...) methods—namely lasso penalties, bagging, and boosting—offer subtler, more interesting analogies to human reasoning as both an individual and a social phenomenon. Despite the temptation to fall back on anthropomorphic tropes when discussing AI, however, I conclude that such rhetoric is at best misleading and at worst downright dangerous. The impulse to humanize algorithms is an obstacle to properly conceptualizing the ethical challenges posed by emerging technologies. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

The typical kind of color realism is reductive: the color properties are identified with properties specified in other terms (as ways of altering light, for instance). If no reductive analysis is available — if the colors are primitive sui generis properties — this is often taken to be a convincing argument for eliminativism. That is, realist primitivism is usually thought to be untenable. The realist preference for reductive theories of color over the last few decades is particularly striking in light (...) of the generally anti-reductionist mood of recent philosophy of mind. The parallels between the mind—body problem and the case of color are substantial enough that the difference in trajectory is surprising. While dualism and non-reductive physicalism are staples, realist primitivism is by and large a recent addition to the color literature. And it remains a minority position, although one that is perhaps gaining support. In this paper, we investigate whether it should be accepted, and conclude it should not be. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

A collection of 14 essays honoring the life and work of Oxford philosopher Wiggins touching on topics from ancient philosophy to ethics, metaphysics and the theory of meaning. The contributing scholars debate many of the seminal issues of Wiggins' work, including the determinancy of distinctness, relative identity, naturalism in ethics, logic and truth in moral judgments, and the practical wisdom of Aristotle. The collection uniquely features replies by Wiggins to each of the papers. Annotation copyright by Book News, Inc., Portland, (...) OR. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

We propose a formal framework for interpretable machine learning. Combining elements from statistical learning, causal interventionism, and decision theory, we design an idealised explanation game in which players collaborate to find the best explanation for a given algorithmic prediction. Through an iterative procedure of questions and answers, the players establish a three-dimensional Pareto frontier that describes the optimal trade-offs between explanatory accuracy, simplicity, and relevance. Multiple rounds are played at different levels of abstraction, allowing the players to explore overlapping causal (...) patterns of variable granularity and scope. We characterise the conditions under which such a game is almost surely guaranteed to converge on a optimal explanation surface in polynomial time, and highlight obstacles that will tend to prevent the players from advancing beyond certain explanatory thresholds. The game serves a descriptive and a normative function, establishing a conceptual space in which to analyse and compare existing proposals, as well as design new and improved solutions. (shrink)