Letters commenting on Hardwig, J "Is There a Duty to Die?" with a reply to those letters by the author.

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

ArgumentThe main contribution of the Alfred P. Sloan and Russell Sage Foundations' behavioral economics program (1984–1992) was not the resources it provided, which were relatively modest. Instead, the program's contribution lay in catalyzing “a sense of mission” in the collaboration between psychologists Daniel Kahneman and Amos Tversky, economist Richard Thaler, and their associates. Partly this reflected the common strategy of American foundations to pick an individual or small group of scientists and stick with them until scientific success had been (...) achieved. But moreover, it was a consequence of the careful management of the program's director Eric Wanner. The various actors involved in the behavioral economics program constructed a new behavioral economic sub-discipline in economics by tapping into existing missionary sentiments in the economic and psychological disciplines, while at the same time actively shaping this sense of mission. (shrink)

In classical logic, the proposition expressed by a sentence is construed as a set of possible worlds, capturing the informative content of the sentence. However, sentences in natural language are not only used to provide information, but also to request information. Thus, natural language semantics requires a logical framework whose notion of meaning does not only embody informative content, but also inquisitive content. This paper develops the algebraic foundations for such a framework. We argue that propositions, in order to embody (...) both informative and inquisitive content in a satisfactory way, should be defined as non-empty, downward closed sets of possibilities, where each possibility in turn is a set of possible worlds. We define a natural entailment order over such propositions, capturing when one proposition is at least as informative and inquisitive as another, and we show that this entailment order gives rise to a complete Heyting algebra, with meet, join, and relative pseudo-complement operators. Just as in classical logic, these semantic operators are then associated with the logical constants in a first-order language. We explore the logical properties of the resulting system and discuss its significance for natural language semantics. We show that the system essentially coincides with the simplest and most well-understood existing implementation of inquisitive semantics, and that its treatment of disjunction and existentials also concurs with recent work in alternative semantics. Thus, our algebraic considerations do not lead to a wholly new treatment of the logical constants, but rather provide more solid foundations for some of the existing proposals. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

Television content that contains non-stereotypical representations of ethnic minorities and models positive intercultural interactions may potentially aid in reducing the prejudices of its viewers. However, the exact effect has yet to be demonstrated. Furthermore, the cognitive mechanisms behind such an effect remain unclear. This article tests hypotheses derived from social identity theory and social learning theory that attribute this effect to the identification patterns with ingroup and outgroup characters in television drama. In an experiment, participants either watched episodes of a (...) multicultural drama or a regular soap series. Results showed that viewers of multicultural drama had lower perceptions of ethnic threat. Moreover, this effect was mediated by identification with characters, namely, increased identification with outgroup and lowered identification with ingroup characters resulting in lower ethnic threat. The results suggest that short term viewing effects are best explained with social identity theory. The implications for long term effects and the possible role of social learning are analyzed in the discussion. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

I ask you to X. You now have a reason to X. My request gave you a reason. How? One unpopular theory is the epistemic account, according to which requests do not create any new reasons but instead simply reveal information. For instance, my request that you X reveals that I desire that you X, and my desire gives you a reason to X. Peter Schaber has recently attacked both the epistemic account and other theories of the reason-giving force of (...) requests. Schaber defends a new theory of the reason-giving force of requests according to which request give reasons because it is valuable for requesters and requestees that requests have this power. In this paper I argue that Schaber's attack on the epistemic account fails, and that his own theory ought to be rejected because it faces compelling objections. (shrink)

“X-Firsters” hold that there is some normative feature that is fundamental to all others (and, often, that there’s some normative feature that is the “mark of the normative”: all other normative properties have it, and are normative in virtue of having it). This view is taken as a starting point in the debate about which X is “on first.” Little has been said about whether or why we should be X-Firsters, or what we should think about normativity if we aren’t (...) X-Firsters. Hence the chapter’s two main goals. First, to provide a simple argument that one shouldn’t be an X-Firster about the normative domain, which starts with the observation that analogous views have dubious merits in analogous domains. Second, to offer an alternative view—taking normativity to be a determinable explained in terms of its determinates—that offers an interesting way to think about the structure and unity of normativity. (shrink)

Plato's dialogues frequently criticize traditional Greek myth, yet Plato also integrates myth with his writing. Daniel S. Werner confronts this paradox through an in-depth analysis of the Phaedrus, Plato's most mythical dialogue. Werner argues that the myths of the Phaedrus serve several complex functions: they bring nonphilosophers into the philosophical life; they offer a starting point for philosophical inquiry; they unify the dialogue as a literary and dramatic whole; they draw attention to the limits of language and the limits (...) of knowledge; and they allow Plato to co-opt cultural authority as a way of defining and legitimating the practice of philosophy. Platonic myth, as a species of traditional tale, is thus both distinct from philosophical dialectic and similar to it. Ultimately, the most powerful effect of Platonic myth is the way in which it leads readers to participate in Plato's dialogues and to engage in a process of self-examination. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

This paper provides a complete characterization of epistemic models in which distributed knowledge complies with the principle of full communication (van der Hoek et al., 1999; Gerbrandy, 1999). It also introduces an extended notion of bisimulation and corresponding model comparison games that match the expressive power of distributed knowledge operators.

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

Motion—and, in particular, local motion or change in location—plays a central role in Kenelm Digby’s natural philosophy and in his arguments for the immateriality of the soul. Despite this, Digby’s account of what motion consists in has yet to receive much scholarly attention. In this paper, I advance a novel interpretation of Digby on motion. According to it, Digby holds that for a body to move is for it to divide from and unify with other bodies. This is a view (...) of motion—as change in relations of parthood—that Alison Peterman attributes to Digby’s contemporary and acquaintance, Margaret Cavendish. Having shown that Digby’s presentation of the view predates Cavendish’s by more than a decade, I make a case that Digby’s work influenced Cavendish’s on this topic. In developing and defending my reading, I consider to what extent the Digbean account of motion and the arguments for it accord with the ideals of the mechanical philosophy emerging in the early modern period. (shrink)

Abstract This paper offers an appraisal of Phillip Pettit's approach to the problem how a merely finite set of examples can serve to represent a determinate rule, given that indefinitely many rules can be extrapolated from any such set. I argue that Pettit's so-called ethnocentric theory of rule-following fails to deliver the solution to this problem he sets out to provide. More constructively, I consider what further provisions are needed in order to advance Pettit's general approach to the problem. I (...) conclude that what is needed is an account that, whilst it affirms the view that agents' responses are constitutively involved in the exemplification of rules, does not allow such responses the pride of place they have in Pettit's theory. (shrink)

This book is a study of the role of intellect in human action as described by Thomas Aquinas. One of its primary aims is to compare the interpretation of Aristotle by Aquinas with the lines of interpretation offered in contemporary Aristotelian scholarship. The book seeks to clarify the problems involved in the appropriation of Aristotle's theory by a Christian theologian, including such topics as the practical syllogism and the problems of akrasia. Westberg argues that Aquinas was much closer to Aristotle (...) than is often recognized, and he puts forward important new interpretations of the relation of intellect and will in the stages of intention, deliberation, decision, and execution. In the concluding section of the book, he shows how this new interpretation yields fruitful insights on a range of theological topics, including sin, law, love, and the moral virtues. (shrink)

The problem known as Buridan’s Ass says that a hungry donkey equipoised between two identical bales of hay will starve to death. Indecision kills the ass. Some philosophers worry about human analogs. Computer scientists since the 1960s have known about the computer versions of such cases. From what Leslie Lamport calls ‘Buridan’s Principle’—a discrete decision based on a continuous range of input-values cannot be made in a bounded time—it follows that the possibilities for human analogs of Buridan’s Ass are far (...) more wide-ranging and securely provable than has been acknowledged in philosophy. We are never necessarily decisive. This is mathematically provable. I explore four consequences: first, increased interest of the literature’s solutions to Buridan’s Ass; second, a new asymmetry between responsibility for omissions and responsibility for actions; third, clarification of the standard account of akrasia; and, fourth, clarification of the role of credences in normative decision-theory. (shrink)

This paper aims to understand Hegel’s claim in the introduction to his Philosophy of Mind that mind is an actualization of the Idea and argues that this claim provides us with a novel and defensible way of understanding Hegel’s naturalism. I suggest that Hegel’s approach to naturalism should be understood as ‘formal’, and argue that Hegel’s Logic, particularly the section on the ‘Idea’, provides us with a method for this approach. In the first part of the paper, I present an (...) interpretation of Hegel’s method in which life plays a central role. In the second part of the paper, I develop Hegel’s method by providing a reading of Hegel’s Subjective Spirit, focusing on the sections ‘Anthropology’ and ‘Phenomenology’ in particular, arguing that they display the dialectic between life and cognition outlined by Hegel’s Idea. (shrink)

This article critically examines how solidarity has been enacted in the first 2 months of the COVID-19 pandemic, mainly, but not exclusively, from a United Kingdom perspective.1 Solidaristic strategies are framed in two ways: aspirations to overcome COVID-19 ; and those that are illusory, incompatible, contradictory, and disrupting of solidaristic ideals. Solidarity can also be understood more widely from a biocentric perspective. In the context of COVID-19 a lack of biocentric solidarity points to a probable cause of the pandemic; where (...) COVID-19, harmless in bats, jumped species as a consequence of closer contact with humans. Solidarity, therefore, is not only expressed in a fight against a viral “enemy” but is also a reminder of human activity that has upset balances within ecosystems. (shrink)

This paper aims to understand Hegel’s claim in the introduction to his Philosophy of Mind that mind is an actualization of the Idea and argues that this claim provides us with a novel and defensible way of understanding Hegel’s naturalism. I suggest that Hegel’s approach to naturalism should be understood as ‘formal’, and argue that Hegel’s Logic, particularly the section on the ‘Idea’, provides us with a method for this approach. In the first part of the paper, I present an (...) interpretation of Hegel’s method in which life plays a central role. In the second part of the paper, I develop Hegel’s method by providing a reading of Hegel’s Subjective Spirit, focusing on the sections ‘Anthropology’ and ‘Phenomenology’ in particular, arguing that they display the dialectic between life and cognition outlined by Hegel’s Idea. (shrink)

Bex analyzes the case with an informal version of his hybrid theory, which combines scenario construction and argumentation. Arguments based on evidence can be used to reason about alternative scenarios. Bex claims that his hybrid theory provides the best of both worlds by combining cognitively feasible story‐based reasoning with more detailed rational argumentation. However, like the argument‐based approach, the hybrid theory does not provide a systematic account of uncertainty.

This essay considers the critical response to Hegel's view of Socrates we find in Kierkegaard's dissertation, The Concept of Irony. I argue that this dispute turns on the question whether or not the examination of particular thinkers enters into Socrates’ most basic aims and interests. I go on to show how Kierkegaard's account, which relies on an affirmative answer to this question, enables him to provide a cogent defence of Socrates' philosophical practice against Hegel's criticisms.

Abstract: According to a rationalist theory of introspection, rational agents have a capacity to believe they are in conscious states when they are in them, much as they have the capacity, for example, to avoid obvious contradictions in their beliefs. For the agent to know or believe by introspection, on this view, is for them to exercise that capacity. According to an acquaintance theory of introspection, by contrast, whenever an agent is in a conscious state, the agent is aware of (...) or is acquainted with being in the state, where the background notion of acquaintance is understood to be distinct from sense perception, on the one hand, and belief or knowledge, or the other. For the agent to know or believe by introspection, on this view, is for them to take advantage of the epistemic position they occupy in virtue of being acquainted in this way. These theories are not in conflict; it is possible to hold both an acquaintance theory and a rationalist theory. This paper, however, sets out and recommends a different possibility, namely, that of holding a rationalist theory while rejecting any acquaintance theory. (shrink)

We consider semi‐algebraic sets and properties of these sets that are expressible by sentences in first‐order logic over the reals. We are interested in first‐order properties that are invariant under topological transformations of the ambient space. Two semi‐algebraic sets are called topologically elementarily equivalent if they cannot be distinguished by such topological first‐order sentences. So far, only semi‐algebraic sets in one and two‐dimensional space have been considered in this context. Our contribution is a natural characterisation of topological elementary equivalence of (...) regular closed semi‐algebraic sets in three‐dimensional space, extending a known characterisation for the two‐dimensional case. Our characterisation is based on the local topological behaviour of semi‐algebraic sets and the key observation that topologically elementarily equivalent sets can be transformed into each other by means of geometric transformations, each of them mapping a set to a first‐order indistinguishable one. (shrink)

In Storybrooke, the city in which Once Upon a Time takes place, live many characters of fantastic stories. A plethora of princesses resides in this town, and their history, like their representation, undergoes important variations. Moving away from the role of “damsel in distress” often found in fairy tales and their adaptations, Emma, Snow White or Little Red Riding Hood, gain independence and freedom. However, clichés are tough and heroines often get involved in stereotypical love stories, where motherhood seems to (...) be the only possible destiny. Between literary revivals and mutations, we are now going to study these female figures and their evolution through two forms: the tale and the series. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...) own demise is merely a reflection of the fact that it must take into account the rights of outsiders, not just the rights of existing citizens, and of the fact that circumstances of injustice can sometimes leave liberal societies with no correct choice. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...) consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

In this paper, we present a particular role for abductive reasoning in law by applying it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent might have acted to reach a particular scenario, and the motivations for doing so. Plausibility here depends on a satisfactory explanation of why this particular agent followed these motivations in the (...) particular situation. The scheme is given a formal grounding in terms of action-based alternating transition systems and we illustrate the approach with a running legal example. (shrink)

In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...) coherent, holistic legal perspective on a case. They steer what needs to be proven but are also selected on the basis of what can be proven. We show how these legal stories can be used to model a shift of the legal perspective on a case, and we discuss how gaps in a legal story can be filled using a factual story (i.e. the process of reasoning with circumstantial evidence). Our model is illustrated by a discussion of the Dutch Wamel murder case. (shrink)

The purpose of this article is not to affirm or deny particular philosophical positions, but to explore the limits of intelligibility about what post-mortem harm means, especially in the light of improper post-mortem procedures at Bristol and Alder Hey hospitals in the late 1990s. The parental claims of post-mortem harm to dead children at Alder Hey Hospital are reviewed from five different philosophical perspectives, eventually settling on a crucial difference of perspective about how we understand harm to the dead. On (...) the one hand there is the broadly 'analytical' tradition1 of thinking that predicates the notion of harm on the basis of an existing subject. Since the dead are non-existent persons, it makes little sense to view the dead as being harmed. On the other hand, there is a phenomenological perspective, where the dead, in respect to the experience of grief, are existentially absent. This forms the basis that it is possible to harm grieving parent's experiences of how their dead are treated. The article ends with a short examination of what harming the dead implies for traditional bioethical concerns, namely, obtaining informed consent from significant others when planning medical research on the newly dead. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

This paper is concerned with constraints on the interpretation of pronominal anaphora, in particular Condition B effects. It aims to contribute to a particular approach, initiated by Reinhart (Anaphora and semantic interpretation, 1983) and further developed elsewhere. It proposes a modification of Reinhart’s Interface Rule, and argues that the resulting theory compares favorably with others, while being compatible with independently motivated general hypotheses about the interaction between different interpretive mechanisms.

In recent decades, it has often been argued by environmental ethicists that human beings and the natural world ought to be considered as equals in some basic sense. The aim of this paper is to make sense of this view by examining what role, if any, the idea of equality ought to play in environmental ethics. Specifically, we have two aims: the first aim is to identify those environmental claims that are distinctively egalitarian. The second aim is to show these (...) claims do not rest on a principled and convincing justification. Our main contention is therefore that equality has no place in environmental ethics. There are other promising ways to argue that our relationship with the natural environment must be fundamentally revised. By bringing clarity to this debate and dispelling the possibility of equality-based arguments, we hope to contribute to this endeavor. (shrink)

Functional decomposition is an important goal in the life sciences, and is central to mechanistic explanation and explanatory reduction. A growing literature in philosophy of science, however, has challenged decomposition-based notions of explanation. ‘Holists’ posit that complex systems exhibit context-sensitivity, dynamic interaction, and network dependence, and that these properties undermine decomposition. They then infer from the failure of decomposition to the failure of mechanistic explanation and reduction. I argue that complexity, so construed, is only incompatible with one notion of decomposition, (...) which I call ‘atomism’, and not with decomposition writ large. Atomism posits that function ascriptions must be made to parts with minimal reference to the surrounding system. Complexity does indeed falsify atomism, but I contend that there is a weaker, ‘contextualist’ notion of decomposition that is fully compatible with the properties that holists cite. Contextualism suggests that the function of parts can shift with external context, and that interactions with other parts might help determine their context-appropriate functions. This still admits of functional decomposition within a given context. I will give examples based on the notion of oscillatory multiplexing in systems neuroscience. If contextualism is feasible, then holist inferences are faulty—one cannot infer from the presence of complexity to the failure of decomposition, mechanism, and reductionism. (shrink)