In American legal journals over the last decade there were hundreds of pages of articles worrying over threats to justice and freedom arising from the power to withhold benefits. Government officials have tremendous discretion to offer or withhold foreign aid, ration-books, government contracts and jobs, welfare subsidies, public housing, tariff protection, academic grants, alien resident status, paroles, or exemption from conscription or combat, from arrest or prosecution or imprisonment. Right-wing economists have worried about welfare-state emphasis on administrative discretion rather than (...) the rule of law. And left-wing economists have worried about the rich man's power to intimidate the poor man by threatening to cut off his productive work. (shrink)

Este dossiê representa a continuidade de um projecto centrado no património dos agentes ligados à produção, circulação e recepção do livro. A partir da história e dos espólios de empresas editoriais e de coleccionadores, bibliófilos e/ou divulgadores, a introdução problematizante e os depoimentos convocam a memória dos agentes e debatem as ameaças que pendem sobre essa herança cultural riquíssima e possíveis soluções. As boas práticas de vários países impõem uma reflexão inadiável para o contexto português: que vias de cooperação inter-institucional (...) concretas para garantir o depósito, tratamento e comunica­ção duma dimensão fulcral do património e da memória colectiva. A relevância desta ques­tão deve-se a estar inextricavelmente ligada a um reconhecimento sustentável do estatuto patrimonial e histórico dos acervos dos editores e doutros agentes ligados à edição e ao livro enquanto espaços vitais para a construção da cultura impressa e para a história do livro e da edição. Os depoimentos referidos são de Carlos da Veiga Ferreira, Fernando Paulouro Neves e Francisco Pedro Lyon de Castro. (shrink)

A dozen philosophers have recently groped for a formula to pick out coercive offers: when P proposes to give a benefit or withhold a harm for Q’s compliance, when does p’s proposal count as coercive? Five formulae are analyzed here. One account is completely “moralized,” claiming that we can’t pick out coercive offers without first settling questions of rights. Two accounts are completely “non-moral,” using as criterion a baseline of “What would in fact have happened” if P had not wanted (...) Q’s compliance. Finally, two accounts offer “two-baseline” accounts, asking “What should have happened?” and/or “What would have happened otherwise?” four accounts are found quite inadequate; the fifth account (my own earlier formula) is threatened by two odd counter cases. Finally, an alternative to “defining coercion” is sketched. (shrink)

Many important regulatory decisions are taken by professionals employing limited and conflicting evidence. We conduct an experiment in a merger regulation setting, identifying the role of different standards of proof, volumes of evidence, cost of error and professional or lay decision making. The experiment was conducted on current practitioners from 11 different jurisdictions, in addition to student subjects. Legal standards of proof significantly affect decisions. There are specific differences because of professional judgment, including in how error costs and volume of (...) evidence are taken into account. We narrow the range of explanations for why professional decision making matters. (shrink)

H. L. A. Hart's new book of essays rejects any theory of the classic retributive type for justifying legal punishment. Hart denies that useless punishments can be justified even of fully guilty men; he rejects as the justifying aim of punishment the hope of crowning wickedness with the suffering it deserves; he denies that great guilt could justify a more severe punishment than utility-considerations would call for. We will be concerned here with only one of his arguments supporting this rejection: (...) the objection that mere human judges cannot measure wickedness accurately enough to see that each degree of wickedness gets the appropriate amount of suffering. And of course modern fashions of determinist thinking have brought home to us even more vividly the absurdity of trying to measure wickedness, since determinism makes us wonder if we know how much any offender could have helped doing what he did. (shrink)

A dozen philosophers have recently groped for a formula to pick out coercive offers: when P proposes to give a benefit or withhold a harm for Q’s compliance, when does p’s proposal count as coercive? Five formulae are analyzed here. One account is completely “moralized,” claiming that we can’t pick out coercive offers without first settling questions of rights. Two accounts are completely “non-moral,” using as criterion a baseline of “What would in fact have happened” if P had not wanted (...) Q’s compliance. Finally, two accounts offer “two-baseline” accounts, asking “What should have happened?” and/or “What would have happened otherwise?” four accounts are found quite inadequate; the fifth account (my own earlier formula) is threatened by two odd counter cases. Finally, an alternative to “defining coercion” is sketched. (shrink)

What is intentionality? Intentionality is a distinguishing characteristic of states of mind : that they are about things outside themselves. About this book: William Lyons explores various ways in which philosophers have tried to explain intentionality, and then suggests a new way. Part I of the book gives a critical account of the five most comprehensive and prominent current approaches to intentionality. These approaches can be summarised as the instrumentalist approach, derived from Carnap and Quine and culminating in the (...) work of Daniel Dennett; the linguistic approach, derived from the work of Chomsky and exhibited most fully in the work of Jerry Fodor; the biological approach, developed by Ruth Garrett Millikan, Colin McGinn, and others; the information-processing approach which has been given a definitive form in the work of Fred Dretske; and the functional role approach of Brian Loar. In Part II, Professor Lyons sets out a multi-level, developmental approach to intentionality. Drawing upon work in neurophysiology and psychology, the author argues that intentionality is to be found, in different forms, at the levels of brain functioning, prelinguistic consciousness, language, and at the holistic level of `whole person performance' which is demarcated by our ordinary everyday talk about beliefs, desires, hopes, intentions, and the other `propositional attitudes'. Written in a direct, clear, and lively style, the extended survey of contemporary debate in Part I will be invaluable to the student of philosophy of mind or cognitive science as well as to the scholars and graduate students who will find an original new theory to contend with in Part II. (shrink)

The paper deals with the theory of universals of Sebastian Izquierdo (1601–1681), a Spanish Jesuit author working in Rome, as he formulated and defended it in Disputation 17 of his major philosophical work The Lighthouse of Sciences (Pharus scientiarum), published in Lyon in 1659. Izquierdo’s discussion centers around three questions: What is universality? Is there some intellect-independent universality? What is the nature of the intellect-dependent universality? Izquierdo’s approach may be seen as a search for the third way between the (moderate) (...) realism of the Thomists and the Scotists and the (conceptualist) nominalism of some Jesuits such as Pedro Hurtado de Mendoza (1578–1641). (shrink)

In rounded terms and modem dress a theory of intentionality is a theory about how humans take in information via the senses and in the very process of taking it in understand it and, most often, make subsequent use of it in guiding human behaviour. The problem of intentionality in this century has been the problem of providing an adequate explanation of how a purely physical causal system, the brain, can both receive information and at the same time understand it, (...) that is, to put it even more briefly, how a brain can have semantic content. In these two articles, one in this issue of the journal and one in the next, I engage in a critical examination of the two most thoroughly canvassed approaches to the theory and problem of intentionality in philosophical psychology over the last hundred years. In the first article, entitled 'The modern reduction of intentionality, ' I examine the approach pioneered by Carnap and reaching its apotheosis in the work of Daniel Dennett. In the second article, entitled 'The return to representation, 'I examine the approach which can be traced back to the work of Noam Chomsky but which has been given its canonical treatment in the work of Jerry Fodor. (shrink)

This article is the sequel to 'Intentionality and Modern philosophical psychology, I. The modern reduction of intentionality,' (Philosophical Psychology, 3 (2), 1990) which examined the view of intentionality pioneered by Carnap and reaching its apotheosis in the work of Daniel Dennett. In 'Intentionality and modem philosophical psychology, II. The return to representation' (Philosophical Psychology, 4(1), 1991) I examined the approach to intentionality which can be traced back to the work of Noam Chomsky but which has been given its canonical (...) treatment in the work of Jerry Fodor. In this article, the last in the series, I explore a very recent approach to intentionality which has been associated especially with the work of Ruth Garrett Millikan and Colin McGinn, and might, if the phrase were not so rebarbative, be called “the biologizing of intentionality'. (shrink)

Abstract In rounded terms and modern dress a theory of intentionality is a theory about how humans take in information via the senses and in the very process of taking it in understand it and, most often, make subsequent use of it in guiding human behaviour. The problem of intentionality in this century has been the problem of providing an adequate explanation of how a purely physical causal system, the brain, can both receive information and at the same time understand (...) it, that is, to put it even more briefly, how a brain can have semantic content. In two articles, one in the previous number of the journal and this present one, I engage in a critical examination of the two most thoroughly canvassed approaches to the theory and problem of intentionality in philosophical psychology over the last 100 years. In the first article, subtitled ?The modern reduction of intentionality?, I examined the reductive approach pioneered by Carnap and reaching its apotheosis in the work of Daniel Dennett. In this second article, subtitled ?The return to representation?, I examine the approach which can be traced back to the work of Noam Chomsky but which has been given its canonical treatment in the work of Jerry Fodor. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fear and Loathing in Academe:Gonzo Scholarship and the War Against TourismDaniel StempelIWhen I retired in 1985 I chose as my mantra an academic version of a famous general's farewell to his troops: "Old scholars never die—they just fade away into the stacks." Now that I am an octogenarian, I have faded away into total invisibility, but, like Tithonus, I am not inaudible. I hope my voice will be strident (...) enough to disturb the utopian dreams of a new generation, although I doubt that it will wake them from their dogmatic slumbers. My decision to return to the wars of intellect was occasioned by a chance discovery as I haunted the periodical stacks. I noted the name of an old friend in the title of an article and was surprised to find him pilloried as both a "liberal white Protestant" and a "white supremacist," terms which do not, in my experience, necessarily go together.The article, "Pacific Scholarship, Literary Criticism, and Touristic Desire: The Specter of A. Grove Day," written by Paul Lyons, a member of the University of Hawai'i English department's Cultural Studies group, uses bell, book, and candle of the new postcolonial faith in a rite of exorcism to dispel the evil influences of commercial tourism.1 As every exorcist knows, the rite demands that a demon must be called by his name and Lyons has chosen to demonize a deceased member of the English department. Grove Day came to Hawaii in 1944 and retired in 1969. He served as chairman from 1948 to 1953 and taught the course in Literature of the Pacific until his retirement in 1969. He began as a freelance writer long before he decided to enter graduate school at [End Page 95] Stanford and continued to publish more than fifty books on Hawaii and the Pacific. In 1979 he received the State Award for Literature. He died in 1994 in a plunge from an upper floor of a retirement home. Paul Lyons, by his own admission, came to Hawaii in 1990 knowing nothing of its history and culture but soon became a self-appointed authority on Hawaii, its colonial past and present, and its postcolonial future, eagerly embracing the ideas disseminated by the Center for Hawaiian Studies at the university.His article begins with a pretentious elaboration of the method he plans to use to raze the Potemkin village of tourism. Invoking the authority of Hegel on appearance and reality in a passage he has found cited by Žižek, he follows Dean MacCannell, who has adapted Erving Goffman's distinction between dramatic front and back: the entertaining scene presented to the tourist public contrasts with the backstage machinery of the stagehands who put it all together to deceive gullible visitors.2 He combines this with a quotation he has found in a book by William V. Spanos, the founder and former editor of Boundary 2, taken from a journalist's view of the Vietnam War, complaining that they had all been "deeply backgrounded." These are enlisted in the service of MacCannell's quest for "authenticity" as the touchstone of all encounters with other cultures, including the tourist experience.Had Lyons, instead of accepting MacCannell's interpretation of Goffman's early work, The Presentation of Self in Everyday Life (1959), taken a closer look at this witty and ironic study of social behavior in a small community in the Shetland Islands, he would have found that Goffman makes no judgment on the comparative authenticity of either front or back. He utilizes what may be called the J. Alfred Prufrock theory of interaction between individuals and the groups in which they find themselves: "There will be time, there will be time / To prepare a face to meet the faces that you meet...." MacCannell, in contrast, sees the tourist as a Tennysonian Ulysses in pursuit of a horizon of authenticity that recedes into infinity, "whose margin fades / Forever and forever as I move."Of course, the front/back and foreground/background binary oppositions and the insistence on authenticity are commonplaces rooted in the ubiquitous literary and philosophical tradition of "All the world's a stage" and require no... (shrink)

Professeure d’histoire contemporaine à l’université Louis Lumière-Lyon II, Sylvie Schweitzer explore depuis longtemps l’évolution des métiers à partir de la révolution industrielle. Son but, dans cet ouvrage dont le titre sonne comme un slogan, est de montrer que cette activité fondamentale de l’espèce humaine, où la présence des femmes est immémoriale, n’est pas appréhendée de la même manière pour les hommes et pour les femmes. Or, si à travers les âges, les uns et les autres n’ont peut-être...

Outside of philosophy, ‘intuition’ means something like ‘knowing without knowing how you know’. Intuition in this broad sense is an important epistemological category. I distinguish intuition from perception and perception from perceptual experience, in order to discuss the distinctive psychological and epistemological status of evaluative property attributions. Although it is doubtful that we perceptually experience many evaluative properties and also somewhat unlikely that we perceive many evaluative properties, it is highly plausible that we intuit many instances of evaluative properties as (...) such. The resulting epistemological status of evaluative property attributions is very much like it would be if we literally perceived such properties. (shrink)

This article endeavors to identify the strongest versions of the two primary arguments against epistemic scientific realism: the historical argument—generally dubbed “the pessimistic meta-induction”—and the argument from underdetermination. It is shown that, contrary to the literature, both can be understood as historically informed but logically validmodus tollensarguments. After specifying the question relevant to underdetermination and showing why empirical equivalence is unnecessary, two types of competitors to contemporary scientific theories are identified, both of which are informed by science itself. With the (...) content and structure of the two nonrealist arguments clarified, novel relations between them are uncovered, revealing the severity of their collective threat against epistemic realism and its “no-miracles” argument. The final section proposes, however, that the realist’s axiological tenet “science seeks truth” is not blocked. An attempt is made to indicate the promise for a nonepistemic, purely axiological scientific realism—here dubbed “Socratic scientific realism.”. (shrink)

UTILITARIAN GENERALIZATION Sometimes an act is criticized just because the results of everyone's acting similarly would be bad. The generalization test ...

This book offers solutions to two persistent and I believe closely related problems in epistemology. The first problem is that of drawing a principled distinction between perception and inference: what is the difference between seeing that something is the case and merely believing it on the basis of what we do see? The second problem is that of specifying which beliefs are epistemologically basic (i.e., directly, or noninferentially, justified) and which are not. I argue that what makes a belief a (...) perceptual belief, or a basic belief, is not any introspectible feature of the belief but rather the nature of the cognitive system, or "module", that is causally responsible for the belief. Thus, even zombies, who in the philosophical literature lack conscious experiences altogether, can have basic, justified, perceptual beliefs. -/- The theories of perceptual and basic beliefs developed in the monograph are embedded in a larger reliabilist epistemology. I use this theory of basic beliefs to develop a detailed reliabilist theory: Inferentialist Reliabilism, which offers a reliabilist theory of inferential justification and which solves some longstanding problems for other reliabilist views by demanding inferential support for some—but not all—beliefs. The book is an instance of a thoroughgoingly naturalistic approach to epistemology. Many of my arguments have an empirical basis, and the view that I endorse reserves a central role for the cognitive sciences—in particular, cognitive neuroscience—in filling in the details of an applied epistemological theory. (shrink)

Linguistic Semantics: An Introduction is the successor to Sir John Lyons's important textbook Language, Meaning and Context (1981).While preserving the general structure of the earlier book, the author has substantially expanded its scope to introduce several topics that were not previously discussed, and to take account of new developments in linguistic semantics over the past decade. The resulting work is an invaluable guide to the subject, offering clarifications of its specialised terms and explaining its relationship to formal and philosophical (...) semantics and to contemporary pragmatics. With its clear and accessible style it will appeal to a wide student readership. Sir John Lyons is one of the most important and internationally renowned contributors to the study of linguistics. His many publications include Introduction to Theoretical Linguistics (1968) and Semantics (1977). (shrink)

This volume collects David Lyons' well-known essays on Mill's moral theory and includes an introduction which relates the essays to prior and subsequent philosophical developments. Like the author's Forms and Limits of Utilitarianism (Oxford, 1965), the essays apply analytical methods to issues in normative ethics. The first essay defends a refined version of the beneficiary theory of rights against H.L.A. Hart's important criticisms. The central set of essays develops new interpretations of Mill's moral theory with the aim of determining (...) how far rights can be incorporated in a utilitarian framework. They Mill's analysis of moral concepts promises to accommodate the argumentative force of rights, and also provide a significant new reading of Mill's theory of liberty. The last essay argues that the promise of Mill's theory of justice cannot be fulfilled. Utilitarianism is unable to account for crucial features of moral rights, or even for the moral force of legal rights whose existence might be justified on utilitarian grounds. (shrink)

It is common to hear talk of the aim of belief and to find philosophers appealing to that aim for numerous explanatory purposes. What belief 's aim explains depends, of course, on what that aim is. Many hold that it is somehow related to truth, but there are various ways in which one might specify belief 's aim using the notion of truth. In this article, by considering whether they can account for belief 's standard of correctness and the epistemic (...) norms governing belief, I argue against certain prominent specifications of belief 's aim given in terms of truth, and advance a neglected alternative. (shrink)

The most promising contemporary form of epistemic scientific realism is based on the following intuition: Belief should be directed, not toward theories as wholes, but toward particular theoretical constituents that are responsible for, or deployed in, key successes. While the debate on deployment realism is quite fresh, a significant degree of confusion has already entered into it. Here I identify five criteria that have sidetracked that debate. Setting these distractions aside, I endeavor to redirect the attention of both realists and (...) non-realists to the fundamental intuition above. In more detail: I show that Stathis Psillos (1999) has offered an explicit criterion for picking out particular constituents, which, contrary to Kyle Stanford’s (2006a) criticisms, neither assumes the truth of theories nor requires hindsight. I contend, however, that, in Psillos’s case studies, Psillos has not successfully applied his explicit criterion. After clarifying the various alternative criteria at work (in those case studies and in a second line of criticism offered by Stanford), I argue that, irrespective of Stanford’s criticisms, the explicit criterion Psillos does offer is not an acceptable one. Nonetheless, the deployment realist’s fundamental intuition withstands all of these challenges. In closing, I point in a direction toward which I’ve elsewhere focused, suggesting that, despite the legitimacy and applicability of the deployment realist’s intuition, the historical threat that prompted it remains. (shrink)

The _Physics_ is a foundational work of western philosophy, and the crucial one for understanding Aristotle's views on matter, form, essence, causation, movement, space, and time. This richly annotated, scrupulously accurate, and consistent translation makes it available to a contemporary English reader as no other does—in part because it fits together seamlessly with other closely associated works in the New Hackett Aristotle series, such as the _Metaphysics_, _De Anima_, and forthcoming _De Caelo_ and _On Coming to Be and Passing Away_. (...) Eventually the series will include all of Aristotle's works. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index of Terms indicates places where focused discussion of key notions occurs. An illuminating general Introduction describes the book that lies ahead, explaining what sort of work it is and what sorts of evidence it relies on. (shrink)

Broadly speaking, the contemporary scientific realist is concerned to justify belief in what we might call theoretical truth, which includes truth based on ampliative inference and truth about unobservables. Many, if not most, contemporary realists say scientific realism should be treated as ‘an overarching scientific hypothesis’ (Putnam 1978, p. 18). In its most basic form, the realist hypothesis states that theories enjoying general predictive success are true. This hypothesis becomes a hypothesis to be tested. To justify our belief in the (...) realist hypothesis, realists commonly put forward an argument known as the ‘no-miracles argument’. With respect to the basic hypothesis this argument can be stated as follows: it would be a miracle were our theories as successful as they are, were they not true; the only possible explanation for the general predictive success of our scientific theories is that they are true. (shrink)

In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of (...) cognitive biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. -/- Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic. (shrink)

Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law, philosophical doctrines, as they are developed in Bentham's most important works. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. First published in 1973, (...) this revised edition contains a new Preface, a revised Bibliography, and two new Indexes, one of Names and one of Subjects, which together replace the original index. (shrink)

Today is dedicated to the remembrance of the Holy Innocents, who were victims of a state sponsored terrorist attack at the very beginning of the Christian era. We believe this is an appropriate spiritual time to review and question the moral judgement of the Catholic Bishops of the United States of America that our nation's war on the people of Afghanistan is just. We do this in a spirit of fidelity to the teachings of the Catholic Church and to the (...) charism bequeathed to us as Catholic Workers by our founders, the Servants of God Peter Maurin and Dorothy Day of New York. Our statements, questions, and conclusions may seem startling to you, they may make you uncomfortable. This is because we come to you, not as the rich and powerful, but as the weak, poor, and powerless. (shrink)

This innovative text is psychologically informed, both in its diagnosis of inferential errors, and in teaching students how to watch out for and work around their natural intellectual blind spots. It also incorporates insights from epistemology and philosophy of science that are indispensable for learning how to evaluate premises. The result is a hands-on primer for real world critical thinking. The authors bring a fresh approach to the traditional challenges of a critical thinking course: effectively explaining the nature of validity, (...) assessing deductive arguments, reconstructing, identifying and diagramming arguments, and causal and probabilistic inference. Additionally, they discuss in detail, important, frequently neglected topics, including testimony, including the evaluation of news and other information sources, the nature and credibility of science, rhetoric, and dialectical argumentation. The treatment of probability uses frequency trees and a frequency approach more generally, and argument reconstruction is taught using argument maps; these methods have been shown to improve students’ reasoning and argument evaluation. (shrink)

Sometimes, learning about the origins of a belief can make it irrational to continue to hold that belief—a phenomenon we call ‘genealogical defeat’. According to explanationist accounts, genealogical defeat occurs when one learns that there is no appropriate explanatory connection between one’s belief and the truth. Flatfooted versions of explanationism have been widely and rightly rejected on the grounds that they would disallow beliefs about the future and other inductively-formed beliefs. After motivating the need for some explanationist account, we raise (...) some problems for recent versions of explanationism. Learning from their failures, we then produce and defend a more resilient explanationism. (shrink)