Argues that content-independent reasons are intentions. Relies on Grice's distinction between natural and non-natural meaning. Rejects previous accounts, and argues that his account can understand the force of such reasons appropriately, through the conept of enabling-conditions. Illustrates through several paridigmatic types of content-independent reasons.

Abstract: We are all familiar with the way in which social roles, such as mother, father, professor, club football coach, citizen, and so on, confront us with clusters of duties that purport to bind us. Though we generally experience these role-duties as normatively binding, we might question this. What reason do role-occupants have for conforming to the duties that define their roles? I argue that the agent who identifies with her role thereby has a weighty and important justificatory reason for (...) conforming to the role's defining duties: namely, the identifying agent realizes the fundamental goods of meaning and self-determination by doing so. This is an important normative ground of role-duties because it, unlike the grounds of natural duty or voluntary assumption, ensures that the duties it grounds are not alien impositions but rather are elements of the identifying agent's wellbeing. I also argue that role-identification provides a reason that shares many of the characteristics of a moral reason, and I argue that role-identification in tandem with the principle of fair play grounds a moral duty to conform to one's role-duties. (shrink)

On Shapiro’s view, any viable legal theory must successfully respond to his Possibility Puzzle and Humean Challenge. Moreover, he argues that Hartian legal theory fails in this respect. Here, I take issue with his characterization of these challenges and the Hartian response to them. I argue that he equivocates with respect to a number of the key terms and relations that inform his Possibility Puzzle, and I argue that if we disambiguate its terms consistently and plausibly, we will see that (...) its putative challenge to Hartian legal theory is illusory. I also argue that once we adequately characterize Hartian legal theory, it easily meets the Humean Challenge. If correct, these arguments undermine Shapiro’s larger project of defending his planning theory of law, for a key pillar supporting his theory is that it meets challenges that rival theories cannot. I also consider his planning theory directly, and I argue that it compares unfavourably to the Hartian approach in a crucial respect. It obscures the Hartian insight that customary practice is an ineliminable and fundamental feature of legal systems. Thus, I conclude that though Shapiro’s Legality brings to the fore many of the key issues in contemporary analytic jurisprudence and does so in an insightful and provocative way, it does not succeed in its ultimate ambition of improving upon and supplanting Hartian legal theory. (shrink)

In this paper, I outline and defend an alternative to Hartian legal theory that accepts the Hartian theory of a legal system yet rejects the Hartian theory of legal content in favor of a non-positivist alternative. I call this the- ory the justificatory view. A key argument advanced here in support of the justificatory view relies on the problem of theoretical disagreement that Ronald Dworkin poses for Hartian positivism. Moreover, I argue that a vir- tue of the justificatory view is (...) that its hybrid nature shields it from the forceful criticism that Brian Leiter marshals against Dworkin’s legal theory. As Leiter observes, though Dworkin’s legal theory may do better than posi- tivism with respect to explaining the marginal phenomenon of theoretical disagreement among legal officials, Dworkinian legal theory suffers the much greater failing of being unable to explain the background of massive decisional agreement characteristic of legal systems. I argue that because the justificatory view accepts and rests upon the Hartian theory of a legal system, it is no less able than Hartian legal theory to explain this back- ground of massive decisional agreement.Resumen:En este artículo esbozo y defiendo una alternativa a la teoría jurídica hartiana, que si bien acepta la teoría hartiana del sistema jurídico, re- chaza sin embargo la teoría hartiana del contenido jurídico y aboga por una alternativa no-positivista. Llamo a esta teoría la postura de justificación. Un argumento clave para defender la postura de justificación se erige sobre el problema del desacuerdo teórico que Ronald Dworkin formuló al positivismo hartiano. Además, sostengo que una de las virtudes de esta postura de justificación es que su naturaleza híbrida la protege de las enérgicas críticas que plantea Brian Leiter contra la teoría jurídica de Dworkin. Como observa Leiter, aunque la teoría jurídica de Dworkin sea más consistente que la teoría positivista para explicar el fenómeno marginal de los desacuerdos teóricos entre los oficiales del derecho, la teoría dworkiniana padece mucho más el problema de no poder explicar el contexto de acuerdos masivos en las decisiones que caracterizan a un sistema jurídico. Y esto lo sostengo porque la postura de justificación acepta y se basa en la teoría hartiana del sistema jurídico; por ello es igual de capaz que la teoría jurídica de Hart de explicar este contexto de decisiones que gozan de un acuerdo masivo. (shrink)

This book is an attempt to provide a philosophical answer to the simple question, "What is the law?" as well as address the various debates this question has spawned. Along the way, it develops a unique position within analytic jurisprudence by carefully distinguishing between a theory of the nature of a legal system and a theory of the nature of legal content. Finally, it applies the framework established in the first part of the book to two substantive areas within legal (...) theory: legal reasoning and international legal systems. The result is a unique introduction to the philosophy of law, one that presents and tests a theory of analytic jurisprudence, while it introduces students and others to this sub-field of philosophy. It explains and clarifies for students the views of the most significant scholars in the philosophy of law—those of H.L.A. Hart, Hans Kelsen, Joseph Raz, Ronald Dworkin, and John Finnis—and offers a critique of each. This approach should appeal to all types of philosophers--students and scholars alike--who are wary of wading into the field of legal theory as well as philosophers of law who wouldn’t find useful or interesting a mere survey of the field. (shrink)

Per the standard reading of his view, Hart held that the legally valid norms of any legal system are those identified as such by the criteria of validity effectively accepted in common by the system's officials. Here, I focus on the presupposition underlying this Hartian account of legal facts – namely, that the officials of any legal system share a perspective that fixes the identity of their system's legally valid norms. Below, I hope to establish the appeal of this presupposition (...) and the attendant Hartian project of providing an account of the identity of the legally valid norms of any legal system. Nonetheless, as I explain, the phenomenon of disagreement that Ronald Dworkin describes threatens Hart's crucial presupposition, thereby posing a mortal threat to his account of legal facts. Moreover, as I hope the following survey illustrates, the phenomenon of disagreement similarly threatens many other contemporary theories of law, for these theories join the project of providing a Hartian account of legal facts. A final objective of this survey is to highlight two mutually exclusive strategies for responding to the phenomenon of disagreement: rejecting the Hartian presupposition and commitment to legal facts or affirming this Hartian project by explaining how officials share a legal fact-fixing perspective despite disagreeing about their system's criteria of validity. (shrink)

In a quartet of books, Neil MacCormick develops in great detail his institutional theory of law. According to this theory, law is an institutional normative order. As we shall see, save for one key difference, MacCormick's institutional theory of a legal system closely parallels Hart's positivist theory. Though his theory of a legal system looks very much like Hart's positivist theory, he concludes that a central positivist tenet is false. He argues that, contra positivism, moral considerations are necessarily determinants of (...) a legal system's laws; for, on his account, radically unjust norms necessarily are not law. Thus, MacCormick theory presents us with a surprising juxtaposition - in his words, a post-positivist synthesis of positivism and natural law theory. In this essay, I examine whether it is possible to reach a natural law conclusion on the basis of what is traditionally taken to be a positivist foundation. I argue that MacCormick's and Julie Dickson's attempts (on MacCormick's behalf) to do this are not promising. However, I also argue that MacCormick's theory of law has resources for a more promising approach to this argument, and I attempt to mine these resources. (shrink)

This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout (...) the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law. (shrink)

Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...) Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

Stefan Collini challenges the common claim that universities need to show that they help to make money in order to justify getting more money.

According to an increasingly popular view among philosophers of science, both causal and non-causal explanations can be accounted for by a single theory: the counterfactual theory of explanation. A kind of non-causal explanation that has gained much attention recently but that this theory seems unable to account for are grounding explanations. Reutlinger :239-256, 2017) has argued that, despite these appearances to the contrary, such explanations are covered by his version of the counterfactual theory. His idea is supported by recent work (...) on grounding by Schaffer and Wilson who claim there to be a tight connection between grounding and counterfactual dependence. The present paper evaluates the prospects of the idea. We show that there is only a weak sense in which grounding explanations convey information about counterfactual dependencies, and that this fact cannot plausibly be taken to reveal a distinctive feature that grounding explanations share with other kinds of explanations. (shrink)

Einleitung -- Charismatische Herrschaft -- Traditionale Herrschaft -- Traditionale und charismatische Herrschaft im vorrationalen Okzident: Antike -- Traditionale und charismatische Herrschaft im vorrationalen Okzident: Mittelalter -- Legale Herrschaft.

The desideratum of semantic interoperability has been intensively discussed in medical informatics circles in recent years. Originally, experts assumed that this issue could be sufficiently addressed by insisting simply on the application of shared clinical terminologies or clinical information models. However, the use of the term ‘ontology’ has been steadily increasing more recently. We discuss criteria for distinguishing clinical ontologies from clinical terminologies and information models. Then, we briefly present the role clinical ontologies play in two multicentric research projects. Finally, (...) we discuss the interactions between these different kinds of knowledge representation artifacts and the stakeholders involved in developing interoperational real-world clinical applications. We provide ontology engineering examples from two EU-funded projects. (shrink)

The pivotal role of the relation part-of in the description of living organisms is widely acknowledged. Organisms are open systems, which means that in contradistinction to mechanical artifacts they are characterized by a continuous flow and exchange of matter. A closer analysis of the spatial relations in biological organisms reveals that the decision as to whether a given particular is part-of a second particular or whether it is only contained-in the second particular is often controversial. We here propose a rule-based (...) approach which allows us to decide on the basis of well-defined criteria which of the two relations holds between two anatomical objects, given that one spatially includes the other. We discuss the advantages and limitations of this approach, using concrete examples from human anatomy. (shrink)

The topic of this thesis is axiological uncertainty – the question of how you should evaluate your options if you are uncertain about which axiology is true. As an answer, I defend Expected Value Maximisation (EVM), the view that one option is better than another if and only if it has the greater expected value across axiologies. More precisely, I explore the axiomatic foundations of this view. I employ results from state-dependent utility theory, extend them in various ways and interpret (...) them accordingly, and thus provide axiomatisations of EVM as a theory of axiological uncertainty. (shrink)

Artificial Intelligence (AI) is increasingly adopted in society, creating numerous opportunities but at the same time posing ethical challenges. Many of these are familiar, such as issues of fairness, responsibility and privacy, but are presented in a new and challenging guise due to our limited ability to steer and predict the outputs of AI systems. This chapter first introduces these ethical challenges, stressing that overviews of values are a good starting point but frequently fail to suffice due to the context (...) sensitivity of ethical challenges. Frequently, additional (ethical) values emerge for specific applications, as e.g. challenges with fraud detection are very different from those around language technologies. Second, methods to tackle these challenges are discussed. Main ethical theories (virtue ethics, consequentialism, and deontology) are shown to provide a starting point, but often lack the details needed for actionable AI Ethics. Instead, mid-level philosophical theories coupled to design-approaches such as Design for Values, together with interdisciplinary working methods, offer the best way forwards. The chapter aims to show how these approaches can lead to an ethics of AI that is actionable and that can be proactively integrated in the design of AI systems. (shrink)

Explainable artificial intelligence (XAI) aims to help people understand black box algorithms, particularly of their outputs. But what are these explanations and when is one explanation better than another? The manipulationist definition of explanation from the philosophy of science offers good answers to these questions, holding that an explanation consists of a generalization that shows what happens in counterfactual cases. Furthermore, when it comes to explanatory depth this account holds that a generalization that has more abstract variables, is broader in (...) scope and/or more accurate is better. By applying these definitions and contrasting them with alternative definitions in the XAI literature I hope to help clarify what a good explanation is for AI. (shrink)

This imaginative and unusual book explores the moral sensibilities and cultural assumptions that were at the heart of political debate in Victorian and early twentieth-century Britain. It focuses on the role of intellectuals as public moralists and suggests ways in which their more formal political theory rested upon habits of response and evaluation that were deeply embedded in wider social attitudes and aesthetic judgments. Collini examines the characteristic idioms and strategies of argument employed in periodical and polemical writing, and reconstructs (...) the sense of identity and of relation to an audience exhibited by social critics from John Stuart Mill and Matthew Arnold to J.M. Keynes and F.R. Leavis. (shrink)

Examines widespread myths about transhumanism and explores the most pressing ethical issues in the debate over technologically assisted human enhancement.

Towards a critical posthumanism -- Genealogy of posthumanism -- Our posthuman humanity and the multiplicity of its forms -- Posthumanism and science fiction -- Interdisciplinarity and the posthumanities -- Posthumanism, digitalization, and new media -- Posthumanity, subject, and system -- Other side of life.

This study defends the legitimacy of the Enlightenment project by way of its different realizations in the philosophies of Immanuel Kant and Friedrich Heinrich Jacobi. Today, Enlightenment as a cosmopolitan project with a global claim is often considered synonymous with Western chauvinism. The assertion of a universally binding reason is all too obviously inconsistent with the much-cited recognition of cultural differences. In contrast, it is the conviction brought forward in this book that an adequately understood Enlightenment is an unconditional right (...) of every person taking an active interest in a self-determined way of life. Only the realization of this conception of Enlightenment can provide the required space for the reciprocal recognition of human differences to freely unfold. (shrink)

Between 1918 and 1933, the masses became a decisive preoccupation of European culture, fueling modernist movements in art, literature, architecture, theater, and cinema, as well as the rise of communism and fascism and experiments in radical democracy. Spanning aesthetics, cultural studies, intellectual history, and political theory, this volume unpacks the significance of the shadow agent known as "the mass" during a critical period in European history. It follows its evolution into the preferred conceptual tool for social scientists, the ideal slogan (...) for politicians, and the chosen image for artists and writers trying to capture a society in flux and a people in upheaval. This volume is the second installment in Stefan Jonsson's epic study of the crowd and the mass in modern Europe, building on his work in _A Brief History of the Masses_, which focused on monumental artworks produced in 1789, 1889, and 1989. (shrink)

Die Begegnung von Buddhismus und Christentum fordert ein verwandeltes Selbstverständnis philosophischen Denkens. Der japanische Philosoph Keiji Nishitani sieht in der existenziellen Radikalisierung der Frage «Was ist Religion?» bis zum buddhistischen Standpunkt der Leere die Möglichkeit der Überwindung des Nihilismus. Seine Geschichtsinterpretation öffnet in dieser Arbeit den Zugang zu Nietzsches Leib-Denken in seinem Zarathustra. In diesem Rahmen versucht der Verfasser, mit einer Methodenvielfalt und in Auseinandersetzung mit wichtigen abendländischen Denkern die Fraglichkeit jener Frage an ihre Grenze zu treiben.

Sur la décomposition des ensembles de points en parties respectivement congruentes.

There are several conceptions of man in the history of philosophy. However, two considerable tendencies are recurring throughout modern history. A human being can be perceived as a complex mechanism or as a living organism. The response to the query has essential consequences in different areas. The article aims to provide a view of humankind that builds upon an organic conception of life, nature, and human beings, especially as elaborated by A. N. Whitehead and some of his followers. The article (...) also briefly examines the emergence and development of a mechanistic view. The historical overview exposes the close relationship between the worldview of a given era and the understanding of man. Finally, the article argues that the organic conceptions of life developed in the first half of the 20th century provide an essential alternative to mechanistic views and could help us to deal with several problems we are currently encountering. (shrink)

Stefan Jonsson uses three monumental works of art to build a provocative history of popular revolt: Jacques-Louis David's _The Tennis Court Oath_ (1791), James Ensor's _Christ's Entry into Brussels in 1889_ (1888), and Alfredo Jaar's _They Loved It So Much, the Revolution_ (1989). Addressing, respectively, the French Revolution of 1789, Belgium's proletarian messianism in the 1880s, and the worldwide rebellions and revolutions of 1968, these canonical images not only depict an alternative view of history but offer a new understanding (...) of the relationship between art and politics and the revolutionary nature of true democracy. Drawing on examples from literature, politics, philosophy, and other works of art, Jonsson carefully constructs his portrait, revealing surprising parallels between the political representation of "the people" in government and their aesthetic representation in painting. Both essentially "frame" the people, Jonsson argues, defining them as elites or masses, responsible citizens or angry mobs. Yet in the aesthetic fantasies of David, Ensor, and Jaar, Jonsson finds a different understanding of democracy-one in which human collectives break the frame and enter the picture. Connecting the achievements and failures of past revolutions to current political issues, Jonsson then situates our present moment in a long historical drama of popular unrest, making his book both a cultural history and a contemporary discussion about the fate of democracy in our globalized world. (shrink)

How do we get out knowledge of the natural numbers? Various philosophical accounts exist, but there has been comparatively little attention to psychological data on how the learning process actually takes place. I work through the psychological literature on number acquisition with the aim of characterising the acquisition stages in formal terms. In doing so, I argue that we need a combination of current neologicist accounts and accounts such as that of Parsons. In particular, I argue that we learn the (...) initial segment of the natural numbers on the basis of the Fregean definitions, but do not learn the natural number structure as a whole on the basis of Hume's principle. Therefore, we need to account for some of the consistency of our number concepts with the Dedekind-Peano axioms in other terms. (shrink)

In this annotated critical edition of Aristotle’s Metaphysics Lambda Stefan Alexandru draws upon many hitherto unexplored sources of the direct and indirect tradition, inter alia upon an independent Greek manuscript he has discovered in the Vatican Library.

Die Frage nach Sinn ist eine bleibend existentielle Frage des Menschen. Sie wird dringend aktuell in einer Zeit zunehmender Säkularisierung und Multioptionalität. Eine Theologie, die die Gesellschft prägen will, muss hierzu eine Antwort aus der Mitte des christlichen Glaubens geben können. Stefan Laurs stellt sich dieser Herausforderung. In Auseinandersetzung mit Charles Taylor und Walter Kasper analysiert er den neuzeitlichen Säkularisierungsprozess und widmet sich insbesondere der damit verbundenen Frage des Menschen nach Sinn und Erfüllung. Dabei wird ersichtlich, dass die Sinnfrage (...) aus theologischer Perspektive in der Gottesfrage zur Darstellung kommt. Nur in Gott, der Liebe ist, findet der Mensch den universalen Sinn un die Erfüllung seines Lebens. (shrink)

The Approximate Number System (ANS) is a system that allows us to distinguish between collections based on the number of items, though only if the ratio between numbers is high enough. One of the questions that has been raised is what the representations involved in this system represent. I point to two important constraints for any account: (a) it doesn’t involve numbers, and (b) it can account for the approximate nature of the ANS. Furthermore, I argue that representations of pure (...) magnitude with vehicles that have an imprecision in the value of the unit of measurement (further clarified through a formal model from measurement theory) fit both these requirements. (shrink)

Can concepts be acquired by testing hypotheses about these concepts? Fodor famously argued that this is not possible. Testing the correct hypothesis would require already possessing the concept. I argue that this does not generally hold for mathematical concepts. I discuss specific, empirically motivated, hypotheses for number concepts that can be tested without needing to possess the relevant number concepts. I also argue that one can test hypotheses about the identity conditions of other mathematical concepts, and then fix the application (...) conditions based on those hypotheses—under the assumption that the neo‐logicist view on abstraction principles is correct. (shrink)

Technologies like passive brain-computer interfaces can enhance human-machine interaction. Anyhow, there are still shortcomings in terms of easiness of use, reliability, and generalizability that prevent passive-BCI from entering real-life situations. The current work aimed to technologically and methodologically design a new gel-free passive-BCI system for out-of-the-lab employment. The choice of the water-based electrodes and the design of a new lightweight headset met the need for easy-to-wear, comfortable, and highly acceptable technology. The proposed system showed high reliability in both laboratory and (...) realistic settings, performing not significantly different from the gold standard based on gel electrodes. In both cases, the proposed system allowed effective discrimination between low and high levels of workload, vigilance, and stress even for high temporal resolution. Finally, the generalizability of the proposed system has been tested through a cross-task calibration. The system calibrated with the data recorded during the laboratory tasks was able to discriminate the targeted human factors during the realistic task reaching AUC values higher than 0.8 at 40 s of temporal resolution in case of vigilance and workload, and 20 s of temporal resolution for the stress monitoring. These results pave the way for ecologic use of the system, where calibration data of the realistic task are difficult to obtain. (shrink)