We remark that the A Contrario Argument is an ambiguous technique of justification of judicial decisions. We distinguish two uses and versions of it, strong and weak, taking as example the normative sentence “Underprivileged citizens are permitted to apply for State benefit”. According to the strong version, only underprivileged citizens are permitted to apply for State benefit, so stateless persons are not. According to the weak, the law does not regulate the position of underprivileged stateless persons in this respect. We (...) propose an inferential analysis of the two uses along the lines of the scorekeeping practice as described by Robert Brandom, and try to point out what are the ontological assumptions of the two. We conclude that the strong version is justified if and only if there is a relevant incompatibility between the regulated subject and the present case. (shrink)

Several legal arguments use the notion of ratio legis in order to sustain a normative conclusion, in particular the argument from analogy and some forms of teleological argumentation. However, determining the ratio is often a difficult and controversial task. In this paper we look firstly at the speech acts typically performed by legal practitioners in order to determine the ratio and, secondly, we take into account the argumentative commitments they undertake in so doing and the argumentative constraints put on them. (...) This will lead us to distinguish different uses of the notion of ratio legis and to ask on what conditions each of them is justified. (shrink)

In this paper we consider whether a pragmatics of semantic content can be a useful approach to legal interpretation. More broadly speaking, since a pragmatic conception of meaning is a component of inferential semantics, we consider whether an inferentialist approach to legal interpretation can be useful in dealing with some problems of this important aspect of law. In other words, we ask whether Legal Inferentialism is a suitable conception for legal interpretation. In Section 1 we briefly consider the semantics/pragmatics debate (...) in contemporary philosophy of language and in relation to legal interpretation. In Section 2 we discuss the relations between a pragmatics of semantic content and an inferentialist conception of content. In Section 3 we consider how Inferentialism can be applied to legal interpretation. Finally, in Section 4 we consider some possible advantages and drawbacks of Inferentialism applied to legal interpretation and adjudication. (shrink)

The A Simili Argument draws the conclusion that a target case has a normative property Q since it shares a relevant property P with a source case. It can be seen as a complex inference constituted by three inferential steps: An abduction of the relevant property P , an induction of the class having that property, and a deduction of the target's having property Q . A major problem of this argument is the characterization of the property relevance. The standard (...) answer refers to the notion of ratio: It is the ratio that fixes what is relevant for what. But the determination of the ratio is often a difficult and controversial task. This issue is considered here from an inferentialist point of view, claiming that the ratio and relevance are determined by the normative statuses reciprocally attributed by the speakers in the context of legal argumentation. (shrink)

Riggs v. Palmerhas become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue inRiggswas given by thecounterfactual intentionof the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More generally, (...) what are the discursive commitments undertaken by a lawyer or a judge, in an exchange of legal reasons, when using this interpretive methodology? This paper addresses these issues considering, in particular, David Lewis's “resemblance” condition and “relevant similarity” between possible worlds in the evaluation of counterfactual statements. The analysis sheds some new light on the debate on theoretical disagreements and shows that Dworkin's conception of law as an argumentative practice is not necessarily at odds with legal positivism. It rather allows us to look at it under a better light. (shrink)

The paper is about the uses of the argument from legislative counterfactual intention, in the field of legal interpretation and argumentation. After presenting the argument from intention in general, it distinguishes the varities of the argument from counterfactual legislative intention and discusses their justification conditions.

Extensive interpretation of legal provisions is in tension with the prohibition of reasoning by analogy in criminal law, for it is unclear what the difference is between the two. Some scholars claim that they differ from a theoretical point of view, since they do not have the same argumentative structure. On the other hand, the two come to the same result starting from the same legal materials: they justify the extension of a regulation to a case that is not explicitly (...) considered by the law. The paper deals with this issue discussing a recent Italian case and proposes an account of the distinction between the two based upon the principle of semantic tolerance and its inferential structure in legal argumentation. (shrink)

The paper introduces the debate, hosted by the present Journal, on Schauer's book The Force of Law. It points out some starting points of the discussion and puts into question the status of contemporary jurisprudence.

Brian Bix, Damiano Canale, Timothy Endicott, Alessio Sardo, Frederick Schauer, and Giovanni Tuzet did me the honour of reading and critically commenting Interpretation without Truth (in the followi...

In lieu of an abstract, here is a brief excerpt of the content:Many scholars have contended that Clare of Assisi’s original intention upon leaving her family home to take up religious life sometime around 1211 was to lead a life essentially like that of the mendicant friars.1 She and the women who soon joined her would be not only poor and penitential, but also itinerant and apostolic. Like the friars their life would be marked by both insertion into the world (...) and seclusion from it as they alternated between active service and recollected contemplation. The important proof text for this claim is a passage in a letter composed by Jacques de Vitry in 1216, just five years after Clare’s conversion. Many scholars, including Paul Sabatier, Luigi Pellegrini, Roberto Rusconi, Marco Bartoli, Ingrid Peterson, Chiara Frugoni, Giovanni Boccali, and Chiara Augusta Lainati believe the text to be the earliest witness to the manner of life led by Clare and her followers during their initial years.2 The letter has been used to argue further that the women were explicitly grouped together with the Lesser Brothers, were known by the parallel title of “Lesser Sisters,” and had the freedom to come and go as they wished during their early years in San Damiano.Since claims about the women’s early likeness to the friars’ mendicant way of life are often made as brief assertions resting on Jacques’s letter, I think it important to consider in a more detained fashion the provocative passage thought to support them. Closer scrutiny of Jacques’s text shows that while none of these claims can be entirely ruled out, importantly, none can be supported with any solid evidence. I agree essentially with scholars such as Lilly Zarncke, Ernest McDonnell, Maria Pia Alberzoni, Jacques Dalarun, and Lezlie Knox who consider the letter’s language too general to know if it refers specifically to Clare and her sisters.3 I suggest, furthermore, that there are reasons to conclude that this is certainly unlikely if the passage is interpreted to mean, specifically, that Clare and her sisters carried on an active apostolate outside of San Damiano.Jacques de Vitry is generally recognized as one of the most astute and forward-thinking observers of his time in terms of recognizing the importance of new religious groups. A Parisian master, canon regular, and bishop, Jacques had the opportunity to live in a variety of settings, including his native France, the Low Countries, Italy, and the holy land.4 In 1216, he traveled from Liège in the Low Countries to Perugia to be consecrated bishop by Honorius III, who himself had just been elevated to the papacy.5 Along with observations about other matters, Jacques shared the following comment about religious men and women in a letter that he sent almost certainly to a group of his friends back in Liège. He was writing in the early days of October 1216 as he was leaving Italy on a boat that would carry him to his new episcopal see in Acre. The letter, the first of six that survive, is prized not only for its reference to the Lesser Sisters, but also as the very first written testimony regarding the Franciscan movement in general. The great nineteenth-century historian Paul Sabatier thought it provided a more vivid and precise description of Francis’s ministry than any single passage contained in his early biographies.6 The passage, which represents less than seven percent of the entire letter, is rendered thus in a widely available English translation:I found one consolation in those parts, nevertheless: many men and women [multi enim utriusque sexus], rich and worldly, after renouncing everything for Christ, fled the world. They are called Lesser Brothers and Lesser Sisters [fratres minores et sorores minores]. They are held in great esteem by the Lord Pope and the cardinals. They do not occupy themselves with temporal affairs, but work each day with great desire and.. (shrink)

Many philosophers have been attracted to the idea of using the logical form of a true sentence as a guide to the metaphysical grounds of the fact stated by that sentence. This paper looks at a particular instance of that idea: the widely accepted principle that disjunctions are grounded in their true disjuncts. I will argue that an unrestricted version of this principle has several problematic consequences and that it’s not obvious how the principle might be restricted in order to (...) avoid them. My suggestion is that, instead of trying to restrict the principle, we should distinguish between metaphysical and conceptual grounds and take the principle to apply exclusively to the latter. This suggestion, if correct, carries over to other prominent attempts at using logical form as a guide to ground. (shrink)

This paper defends the view that one's own mental states are metaphysically privileged vis-à-vis the mental states of others, even if only subjectively so. This is an instance of a more general view called Subjectivism, according to which reality is only subjectively the way it is. After characterizing Subjectivism in analogy to two relatively familiar views in the metaphysics of modality and time, I compare the Subjectivist View of the Mental with Egocentric Presentism, a version of Subjectivism recently advocated by (...) Caspar Hare. I argue that the Subjectivist View of the Mental goes a considerable way towards solving certain long-standing philosophical puzzles having to do with the unity of consciousness, the contents of self-awareness and the intransmissibility of experiential knowledge through testimony. (shrink)

Relativists make room for the possibility of “faultless disagreement” by positing the existence of subjective propositions, i.e. propositions true from some points of view and not others. We discuss whether the adoption of this position with respect to a certain domain of discourse is compatible with a realist attitude towards the matters arising in that domain. At first glance, the combination of relativism and realism leads to an unattractive metaphysical picture on which reality comprises incoherent facts. We will sketch the (...) contours of a realist-relativist position called “subjectivism”, which avoids this result by giving up the assumption that the points of view of different subjects are all metaphysically “on a par”. (shrink)

This paper argues that what is currently the most popular version of temporal Fragmentalism—‘unstructured’ temporal Fragmentalism, as I shall call it—faces a problem of Tensed Belief Explosion. Four possible solutions to this problem are reviewed and shown to be wanting; two more promising ones risk fostering scepticism about the existence of tensed facts—hence, about Fragmentalism itself. The tentative moral is that unstructured versions of Fragmentalism are at best unmotivated and at worst seriously flawed.

This paper discusses an argument by Norton to the effect that reversible processes in thermodynamics have paradoxical character, due to the infinite-time limit. For Norton, one can “dispel the fog of paradox” by adopting a distinction between idealizations and approximations, which he himself puts forward. Accordingly, reversible processes ought to be regarded as approximations, rather than idealizations. Here, we critically assess his proposal. In doing so, we offer a resolution of his alleged paradox based on the original work by Tatiana (...) Ehrenfest-Afanassjeva on the foundations of thermodynamics. (shrink)

We introduce a sequent calculus B for a new logic, named basic logic. The aim of basic logic is to find a structure in the space of logics. Classical, intuitionistic, quantum and non-modal linear logics, are all obtained as extensions in a uniform way and in a single framework. We isolate three properties, which characterize B positively: reflection, symmetry and visibility. A logical constant obeys to the principle of reflection if it is characterized semantically by an equation binding it with (...) a metalinguistic link between assertions, and if its syntactic inference rules are obtained by solving that equation. All connectives of basic logic satisfy reflection. To the control of weakening and contraction of linear logic, basic logic adds a strict control of contexts, by requiring that all active formulae in all rules are isolated, that is visible. From visibility, cut-elimination follows. The full, geometric symmetry of basic logic induces known symmetries of its extensions, and adds a symmetry among them, producing the structure of a cube. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

Within the technical frame supplied by the algebraic variety of diagonalizable algebras, defined by R. Magari in [2], we prove the following: Let T be any first-order theory with a predicate Pr satisfying the canonical derivability conditions, including Löb's property. Then any formula in T built up from the propositional variables $q,p_{1},...,p_{n}$ , using logical connectives and the predicate Pr, has the same "fixed-points" relative to q (that is, formulas $\psi (p_{1},...,p_{n})$ for which for all $p_{1},...,p_{n}\vdash _{T}\phi (\psi (p_{1},...,p_{n}),p_{1},...,p_{n})\leftrightarrow \psi (...) (p_{1},...,p_{n})$ ) of a formula $\phi ^{\ast}$ of the same kind, obtained from φ in an effective way. Moreover, such $\phi ^{\ast}$ is provably equivalent to the formula obtained from φ substituting with $\phi ^{\ast}$ itself all the occurrences of q which are under Pr. In the particular case where q is always under Pr in φ, $\phi ^{\ast}$ is the unique (up to provable equivalence) "fixed-point" of φ. Since this result is proved only assuming Pr to be canonical, it can be deduced that Löb's property is, in a sense, equivalent to Gödel's diagonalization lemma. All the results are proved more generally in the intuitionistic case. (shrink)

There are two intuitions about time. The first is that there's something special about the present that objectively differentiates it from the past and the future. Call this intuition Specialness. The second is that the time at which we happen to live is just one among many other times, all of which are ‘on a par’ when it comes to their forming part of reality. Call this other intuition Egalitarianism. Tradition has it that the so-called ‘A-theories of time’ fare well (...) at addressing the first intuition, but rather badly when it comes to the second. The goal of this article is to offer advice to A-theorists about how to reconcile their view with Egalitarianism. (shrink)

Solving the meta-problem of consciousness requires, among other things, explaining why we are so reluctant to endorse various forms of illusionism about the phenomenal. I will try to tackle this task in two steps. The first consists in clarifying how the concept of consciousness precludes the possibility of any distinction between 'appearance' and 'reality'. The second consists in spelling out our reasons for recognizing the existence of something that satisfies that concept.

This paper develops a philosophical investigation of the merits and faults of a theorem by Lanford , Lanford , Lanford for the problem of the approach towards equilibrium in statistical mechanics. Lanford’s result shows that, under precise initial conditions, the Boltzmann equation can be rigorously derived from the Hamiltonian equations of motion for a hard spheres gas in the Boltzmann-Grad limit, thereby proving the existence of a unique solution of the Boltzmann equation, at least for a very short amount of (...) time. We argue that, by establishing a statistical H-theorem, it offers a prospect to complete Boltzmann’s combinatorial argument, without running against the objections which plug other typicality-based approaches. However, we submit that, while recovering the irreversible approach towards equilibrium for positive times, it fails to predict a monotonic increase of entropy for negative times, and hence it yields the wrong retrodictions about the past evolution of a gas. (shrink)

It has been observed that, unlike other kinds of singular judgments, mental self-ascriptions are immune to error through misidentification: they may go wrong, but not as a result of mistaking someone else’s mental states for one’s own. Although recent years have witnessed increasing interest in this phenomenon, three basic questions about it remain without a satisfactory answer: what is exactly an error through misidentification? What does immunity to such errors consist in? And what does it take to explain the fact (...) that mental self-ascriptions exhibit this sort of immunity? The aim of this paper is to bring these questions into focus, propose some tentative answers and use them to show that one prominent attempt to explain the immunity to error through misidentification of mental self-ascriptions is unsuccessful. (shrink)

The aims of my paper are to set out Aquinas’s arguments in favour of the thesis of God as Subsistent Being itself; set out the arguments against; and propose a fresh reading of that thesis that takes into account both Thomistic doctrine and the criticisms of it. In this way, I shall proceed as in a medieval quaestio, with arguments in favour, sed contra and respondeo.

Kilimanjaro is an example of what some philosophers would call a ‘vague object’: it is only roughly 5895 m tall, its weight is not precise and its boundaries are fuzzy because some particles are neither determinately part of it nor determinately not part of it. It has been suggested that this vagueness arises as a result of semantic indecision: it is because we didn’t make up our mind what the expression “Kilimanjaro” applies to that we can truthfully say such things (...) as “It is indeterminate whether this particle is part of Kilimanjaro”. After reviewing some of the limitations of this approach, I will propose an alternative account, based on a new semantic relation—multiple reference—capable of holding in a one-many pattern between a term and several objects in the domain. I will explain how multiple reference works, what differentiates it from plural reference and how it might be used to accommodate at least some aspects of our ordinary discourse about vague objects. (shrink)

Williamson’s anti-luminosity argument has been thought to be in tension with the doctrine that we enjoy privileged epistemic access to our own mental states. In this paper, I will argue that the tension is only apparent. Friends of privileged access who accept the conclusion of the argument need not give up the claim that our beliefs about our own mental states are mostly or invariably right, nor the view that mental states are epistemically available to us in a way that (...) renders everything within our mind ‘open to view’ – arguably, two main pillars of their doctrine. What they need to reject is the idea that the mental is a realm whose ’determinacy’ or ’fineness of grain’ never escapes our appreciation. This idea – I will suggest – is not essential to privileged access and defenders of the doctrine should not be afraid to give it up. (shrink)

According to Leibniz’s infinite-analysis account of contingency, any derivative truth is contingent if and only if it does not admit of a finite proof. Following a tradition that goes back at least as far as Bertrand Russell, several interpreters have been tempted to explain this biconditional in terms of two other principles: first, that a derivative truth is contingent if and only if it contains infinitely complex concepts and, second, that a derivative truth contains infinitely complex concepts if and only (...) if it does not admit of a finite proof. A consequence of this interpretation is that Leibniz’s infinite-analysis account of contingency falls prey to Robert Adams’s Problem of Lucky Proof. I will argue that this interpretation is mistaken and that, once it is properly understood how the idea of an infinite proof fits into Leibniz’s circle of modal notions, the problem of lucky proof simply disappears. (shrink)

The concept of living has changed in time along the history of biology and its specificity has been associated or to a particular matter, active such as the chemical one, or was considered as a product of the spatial organization of a passive matter. Today, these two paths can be merged in the chemical perspective that takes account of the general reflections on the complexity and on the systemic, in the “systemic complexity” approach.

In der Reihe werden herausragende monographische Untersuchungen und Sammelbände zu allen Aspekten der Philosophie Kants veröffentlicht, ebenso zum systematischen Verhältnis seiner Philosophie zu anderen philosophischen Ansätzen in Geschichte und Gegenwart. Veröffentlicht werden Studien, die einen innovativen Charakter haben und ausdrückliche Desiderate der Forschung erfüllen. Die Publikationen repräsentieren den aktuellsten Stand der Forschung.

This paper presents a lengthy unpublished passage by Russell on the attempts by Pythagoras and subsequent mathematicians to deal with continuity and the logical paradoxes, recently discovered in the manuscript of the _History of Western Philosophy_. In the first part, I provide a short introduction to the new material. In the second, I analyze its philosophical content. In the third, I develop some considerations, mainly in the attempt to solve the following problems: can we determine when and for what purpose (...) Russell wrote these leaves? why were they never published? where do we find similar subjects expounded in the History? where does the significance of the discovery really lie? (shrink)

This paper presents a distinctively metaphysical version of the problem of other minds. The main source of this version of the problem lies in the principle that, when it comes to consciousness, no distinction can sensibly be drawn between appearance and reality. I will argue that, unless we want to call that principle into question, we should seriously consider the possibility of accepting the conclusion that other minds are not like our own. This option is less problematic than it might (...) seem at first if we are willing to reconceive facts of consciousness as subjective rather than objective in nature. -/- . (shrink)

According to Russellian monism (RM), the quiddities which underlie the fundamental causal structure of the physical world are also responsible for the existence of phenomenal consciousness. This view has been argued to provide an attractive alternative to physicalism and dualism, but it is plagued by the so-called ‘combination problem’ – namely, the problem of explaining how the quiddities underlying the microphysical structure of a macroscopic conscious agent (e.g., a human being) combine together to constitute his or her phenomenal experiences. In (...) this paper, I will explore a type of monism that avoids the combination problem altogether. According to this view – which I shall call panquidditist monism – all causal roles, and not just the fundamental ones, stand in need of quiddities realizing them. Moreover, the quiddities that realize causal roles at one physical level should not in general be seen as grounded in, or otherwise derivative on, the quiddities that realize causal roles at lower levels. Crucial to the tenability of this view is a distinction between two varieties of grounding – one aiming to metaphysically explain the causal properties of various objects ‘from below’ (vertical grounding), the other aiming to metaphysically explaining them ‘from the inside’ (horizontal grounding). I will argue that, thanks to the distinction between vertical and horizontal grounds, panquidditist monism is well-placed to secure the advantages that RM promises – but, because of the combination problem, fails to deliver – vis-à-vis physicalism and dualism. (shrink)

The concept of simultaneous masking in visual field is discussed, in the light of classical examples, of the various kinds of the phenomenon, of a modal completion, of the figure/ground phenomenon, of ambiguous and reversible figures, of mimicry and camouflage and eventually of the complexity of the stimulus. There is some reference to masking in auditory field. The “reality” of the masked configuration is discussed, drawing the conclusion that it is perceptually unreal. The fact that the masking phenomenon cannot take (...) place without comparison between two perceptual acts – what we see at one moment and what we see a moment after LATER – and the fact that the masked configuration pops out with some surprise, lead to the conclusion that simultaneous masking in visual field is not a bare perceptual phenomenon, but a psychological process not unlike insight. (shrink)