This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to (...) the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society? (shrink)

A brief overview of metaethics, written for students.

Necesitamos una nueva economía del agua que se atreva a ver y a abordar las cuestiones que son relevantes en el contexto actual con los conceptos que sean adecuados para ese contexto. Ya no estamos en España en una economía agraria expansionista que necesita más embalses y trasvases para satisfacer las “necesidades” de los pobres agricultores. Al contrario, necesitamos gestionar el agua. La razón es que la escasez ya no tiene sólo un origen estrictamente físico (llueve poco) sino que es, (...) fundamentalmente, de carácter económico y social (despilfarramos el agua). El reconocimiento de este diagnóstico, a pesar de toda la confusión creada institucionalmente, exige cambiar las preguntas y los conceptos que son funcionales para la comprensión real y adecuada de las alternativas existentes que no van sólo a ser técnicas sino, también, de organización social. (shrink)

Unbelievable Errors defends an error theory about all normative judgements: not just moral judgements, but also judgements about reasons for action, judgements about reasons for belief, and instrumental normative judgements. This theory states that normative judgements are beliefs that ascribe normative properties, but that normative properties do not exist. It therefore entails that all normative judgements are false. -/- Bart Streumer also argues, however, that we cannot believe this error theory. This may seem to be a problem for the (...) theory. But he argues that it makes this error theory more likely to be true, since it undermines objections to the theory and it makes it harder to reject the arguments for the theory. -/- He then sketches how certain other philosophical theories can be defended in a similar way. He concludes that to make philosophical progress, we need to make a sharp distinction between a theory's truth and our ability to believe it. (shrink)

In Magnolia, a 1999 movie written and directed by then 29-year-old Paul Thomas Anderson, we follow a range of characters who all try to come to terms with the things happening to them in both the present and past. This chapter interprets the movie as making a philosophical point about meaning: how and why do people find meaning in and attribute meaning to things, even if they seem to happen for no apparent reason at all? We will analyze how both (...) the movie’s characters and all of us watching the movie, living our own lives, try to make sense of the often absurd coincidences in life. More importantly, we will ask why we feel the need to “make sense” of the things that happen to and around us and what happens when our attempts fail. How should we respond to things that simply don’t make sense, even after we have tried hard? The chapter explains how (key scenes of) the movie can be interpreted as visualizing the philosophical notion of “the absurd” and inviting us to respond to absurdities in ways already articulated by the French existentialist Albert Camus. (shrink)

Rationality, Norms and Institutions: In Search of a Realistic Utopia The main goal of political philosophers is to search for a realistic utopia by taking individuals as they are and institutions, rules and laws as they might be. Instead of trying to change either individuals or institutions in order to improve society, this article argues that both strategies should be combined, since there are causal connections running both ways. Because individuals ultimately devise and uphold institutions, one should be optimistic about (...) the possibilities of deliberately improving society through institutional reforms. However, one should adequately model the influences that these reforms have on individuals, their identities and their motivations. From the fact that individuals can actually turn into egoists if they are treated as such, this article stresses the need to detect and maintain non-egoistic motivations. Since informal norms, for example, motivate individuals to socially desirable action, it is important to devise formal institutions that support rather than erode norm-guided behavior. (shrink)

Gricean pragmatics. Saying vs. implicating ; Discourse and cooperation ; Conversational implicatures ; Generalised vs. particularised ; Cancellability ; Gricean reasoning and the pragmatics of what is said -- The standard recipe for Q-implicatures. The standard recipe ; Inference to the best explanation ; Weak implicatures and competence ; Relevance ; Conclusion -- Scalar implicatures. Horn scales and the generative view ; Implicatures and downward entailing environments ; Disjunction : exclusivity and ignorance ; Conclusion -- Psychological plausibility. Charges of psychological (...) inadequacy ; Logical complexity ; Abduction ; Incremental processing ; The intentional stance ; Alternatives ; Conclusion -- Nonce inference or defaults?. True defaults ; Strong defaultism ; Weak defaultism ; Contextualism ; Conclusion -- Intentions, alternatives, and free choice. Free choice ; Problems with the standard recipe ; Intentions first ; Free choice explained ; Comparing alternatives ; Two flavours of Q-implicature ; Conclusion -- Embedded implicatures : the problems. The problems ; Varieties of conventionalism ; Against conventionalism ; Conclusion -- Embedded implicatures : a Gricean approach. Disjunction ; Belief reports ; Factives and other presupposition inducers ; Indefinites ; Contrastive construals and lexical pragmatics ; Conclusion. (shrink)

Many philosophers argue that the error theory should be rejected because it is incompatible with standard deontic logic and semantics. We argue that such formal objections to the theory fail. Our discussion has two upshots. First, it increases the dialectical weight that must be borne by objections to the error theory that target its content rather than its form. Second, it shows that standard deontic logic and semantics should be revised.

Phenomenology has been adapted for use in qualitative health research, where it’s often used as a method for conducting interviews and analyzing interview data. But how can phenomenologists study subjects who cannot accurately reflect upon or report their own experiences, for instance, because of a psychiatric or neurological disorder? For conditions like these, qualitative researchers may gain more insight by conducting observational studies in lieu of, or in conjunction with, interviews. In this article, we introduce a phenomenological approach to conducting (...) this kind of observational research. The approach relies on conceptual grounding to focus a study on specific aspects of the participants’ experiences. Moreover, the approach maintains the openness to novel discoveries that qualitative research requires while also providing a structured framework for data collection and analysis. To illustrate its practical application, we use examples of hemispatial neglect—a neurologic disorder in which patients characteristically lack awareness of their own illness and bodily capacities. However, the approach that we describe can be applied more broadly to the study of complex illness experiences and other experiential alterations. (shrink)

Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement officers. However, it can also bypass legislators and courts and minimize any room for civil disobedience. This significantly reduces the options to challenge legal rules. This, in turn, can impede the development of legal systems. In this paper, an analogy is made with evolutionary biology to illustrate (...) that the possibility to deviate from legal rules and existing norms is sometimes necessary for the further development of legal systems. Some room to break the law, for instance, through civil disobedience or imperfect enforcement of the law, will ensure sufficient variation. This allows for properly evolving legal systems that can continue to provide fair solutions, even when society and concepts of fairness further develop. (shrink)

Jonathan Dancy thinks that there are irreducibly normative properties. Frank Jackson has given a well-known argument against this view, and I have elsewhere defended this argument against many objections, including one made by Dancy. But Dancy remains unconvinced. In this chapter, I hope to convince him.

According to the error theory, normative judgements are beliefs that ascribe normative properties, even though such properties do not exist. In this paper, I argue that we cannot believe the error theory, and that this means that there is no reason for us to believe this theory. It may be thought that this is a problem for the error theory, but I argue that it is not. Instead, I argue, our inability to believe the error theory undermines many objections that (...) have been made to this theory. (shrink)

This is an attempt at reviving Kneale's version of the description theory of names, which says that a proper name is synonymous with a definite description of the form ‘the individual named so-and-so’. To begin with, I adduce a wide range of observations to show that names and overt definites are alike in all relevant respects. I then turn to Kripke's main objection against Kneale's proposal, and endeavour to refute it. In the remainder of the paper I elaborate on Kneale's (...) analysis, adopting a theory of presupposition proposed by van der Sandt. (shrink)

In this volume, Geurts takes discourse representation theory (DRT), and turns it into a unified account of anaphora and presupposition, which he applies not only to the standard problem cases but also to the interpretation of modal expressions, attitude reports, and proper names. The resulting theory, for all its simplicity, is without doubt the most comprehensive of its kind to date. The central idea underlying Geurts' 'binding theory' of presupposition is that anaphora is just a special case of presupposition projection. (...) But this is only one of the ways in which the concept of presupposition is taken beyond its traditional limits. Geurts shows, furthermore, that presupposition projection is crucially involved in several phenomena that are not usually viewed in presuppositional terms, such as modal subordination, de re readings of attitude reports, and rigid designation. While making his case for DRT and the binding theory, Geurts also presents an incisive analysis of what is probably still the most influential account of presupposition, viz. the satisfaction theory, demonstrating that there are fundamental problems not only with this theory but with the very framework in which it is couched. (shrink)

What is property, and why does our species happen to have it? In The Property Species, the economist Bart Wilson explores how we acquire, perceive, and know the custom of property, and why this might be relevant to social scientists, philosophers, and legal scholars for understanding how property works in the twenty-first century.

Two computer simulations are investigated that model interaction of cultural evolution of language and biological evolution of adaptations to language. Both are agent-based models in which a population of agents imitates each other using realistic vowels. The agents evolve under selective pressure for good imitation. In one model, the evolution of the vocal tract is modeled; in the other, a cognitive mechanism for perceiving speech accurately is modeled. In both cases, biological adaptations to using and learning speech evolve, even though (...) the system of speech sounds itself changes at a more rapid time scale than biological evolution. However, the fact that the available acoustic space is used maximally is constant, and therefore biological evolution does have a stable target. This work shows that when cultural and biological traits are continuous, their co-evolution may lead to cognitive adaptations that are strong enough to detect empirically. (shrink)

Jonas Olson writes that "a plausible moral error theory must be an error theory about all irreducible normativity". I agree. But unlike Olson, I think we cannot believe this error theory. I first argue that Olson should say that reasons for belief are irreducibly normative. I then argue that if reasons for belief are irreducibly normative, we cannot believe an error theory about all irreducible normativity. I then explain why I think Olson's objections to this argument fail. I end by (...) showing that Olson cannot defend his view as a partly revisionary alternative to an error theory about all irreducible normativity. (shrink)

Many philosophers claim that it cannot be the case that a person ought to perform an action if this person cannot perform this action. However, most of these philosophers do not give arguments for the truth of this claim. In this paper, I argue that it is plausible to interpret this claim in such a way that it is entailed by the claim that there cannot be a reason for a person to perform an action if it is impossible that (...) this person will perform this action. I then give three arguments for the truth of the latter claim, which are also arguments for the truth of the former claim as I interpret it. (shrink)

Recent research by the author has established that boards have an important and significant role to play when it comes to their organisations' strategy and strategic planning process. But is there room for improvement? According to the directors that have participated in an ongoing research project, the answer is most definitely 'yes'. The current paper identifies and discusses the top 13 areas of improvement, which directors feel need to be addressed if their responsibility for strategy is to be exercised properly. (...) The author's findings point especially to the types of practices that modern boards need to follow if they are serious about getting the maximum benefit from their engagement with management in an organisation's strategic planning process. (shrink)

Although both Heidegger and Derrida criticize Hegel as the archetype and historical culmination of the metaphysics of presence, Hegel’s dialectics also serves as a model for their critical destruct...

Health-promoting nudges have been put into practice by different agents, in different contexts and with different aims. This article formulates a set of criteria that enables a thorough ethical evaluation of such nudges. As such, it bridges the gap between the abstract, theoretical debates among academics and the actual behavioral interventions being implemented in practice. The criteria are derived from arguments against nudges, which allegedly disrespect nudgees, as these would impose values on nudgees and/or violate their rationality and autonomy. Instead (...) of interpreting these objections as knock-down arguments, I take them as expressing legitimate worries that can often be addressed. I analyze six prototypical nudge cases, such as Google’s rearrangement of fridges and the use of defaults in organ donation registration. I show how the ethical criteria listed are satisfied by most—but not all—nudges in most—but not all—circumstances. (shrink)

The concept of resistance has always been central to the reception of Hegel's philosophy. The prevalent image of Hegel's system, which continues to influence the scholarship to this day, is that of an absolutist, monist metaphysics which overcomes all resistance, sublating or assimilating all differences into a single organic 'Whole'. For that reason, the reception of Hegel has always been marked by the question of how to resist Hegel: how to think that which remains outside of or other to the (...) totalizing system of dialectics. In recent years the work of scholars such as Catherine Malabou, Slavoj Žižek, Rebecca Comay and Frank Ruda has brought considerable nuance to this debate. A new reading of Hegel has emerged which challenges the idea that there is no place for difference, otherness or resistance in Hegel, both by refusing to reduce Hegel's complex philosophy to a straightforward systematic narrative and by highlighting particular moments within Hegel's philosophy which seem to counteract the traditional understanding of dialectics. This book brings together established and new voices in this field in order to show that the notion of resistance is central to this revaluation of Hegel. (shrink)

One of the most pervasive criticisms of nudges has been the claim that they violate, undermine or decrease people’s autonomy. This claim, however, is seldom backed up by an explicit and detailed conception of autonomy. In this paper, we aim to do three things. First, we want to clear up some conceptual confusion by distinguishing the different conceptions used by Cass Sunstein and his critics in order to get clear on how they conceive of autonomy. Second, we want to add (...) to the existing discussion by distinguishing between ‘autonomy’ as the ability to set your own ends and ‘autocracy’ as the ability to actually realize those ends. This will allow for a more careful ethical evaluation of specific nudge interventions. Third, we will introduce the idea of ‘perimeters of autonomy’ in an attempt to provide a realistic account of personal autonomy and we will argue that it can alleviate most of the worries about nudging being autonomy-undermining. (shrink)

Quasi‐realists are expressivists who say much of what realists say. To avoid making their view indistinguishable from realism, however, they usually stop short of saying everything realists say. Many realists therefore think that something important is missing from quasi‐realism. I argue that quasi‐realists can undermine this thought by defending a version of quasi‐realism that I call super‐quasi‐realism. This version seems indistinguishable from realism, but I argue that this is a mistaken impression that arises because we cannot believe super‐quasi‐realism.

We can understand and act upon the beliefs of other people, even when these conflict with our own beliefs. Children’s development of this ability, known as Theory of Mind, typically happens around age 4. Research using a looking-time paradigm, however, established that toddlers at the age of 15 months old pass a non-verbal false-belief task (Onishi and Baillargeon in Science 308:255–258, 2005). This is well before the age at which children pass any of the verbal false-belief tasks. In this study (...) we present a more complex case of false-belief reasoning with older children. We tested second-order reasoning, probing children’s ability to handle the belief of one person about the belief of another person. We find just the opposite: 7-year-olds pass a verbal false-belief reasoning task, but fail on an equally complex low-verbal task. This finding suggests that language supports explicit reasoning about beliefs, perhaps by facilitating the cognitive system to keep track of beliefs attributed by people to other people. (shrink)

Cowan argues that the true short-term memory (STM) capacity limit is about 4 items. Functional neuroimaging data converge with this conclusion, indicating distinct neural activity patterns depending on whether or not memory task-demands exceed this limit. STM for verbal information within that capacity invokes focal prefrontal cortical activation that increases with memory load. STM for verbal information exceeding that capacity invokes widespread prefrontal activation in regions associated with executive and attentional processes that may mediate chunking processes to accommodate STM capacity (...) limits. (shrink)

Frank Jackson has argued that, given plausible claims about supervenience, descriptive predicates and property identity, there are no irreducibly normative properties. Philosophers who think that there are such properties have made several objections to this argument. In this paper, I argue that all of these objections fail. I conclude that Jackson's argument shows that there are no irreducibly normative properties.

This article attempts to develop further the conception of dynamics in Object-Oriented Ontology (OOO): its model of how objects develop and change. Objects are affected by relations between them, and have the potential both to produce and undergo effects, as realised in interaction with other objects. To elaborate on the change of objects in OOO, an idea is adopted from transcendental ontology. A key Hegelian question in this article is how the realisation of existing potential can produce new potential (Schelling: (...) potentialisation, going from the actual to the possible). Stated differently: how can objects change to the point of breaking their identity and generating a new object? One needs to consider that objects are nested at different levels, and that the degree of how radical change may be depends on the perspective of any given level. To address this issue, the article employs the notion of a script: a structure of nodes, each with its own subscripts. The analysis is applied and developed further through a comparative analysis of change in evolution, economics, a theory of discovery, and linguistics. The dual intention of this is to see if OOO can help us understand those phenomena, and to see in turn if those phenomena can inform the further development of OOO. (shrink)

We can understand and act upon the beliefs of other people, even when these conflict with our own beliefs. Children’s development of this ability, known as Theory of Mind, typically happens around age 4. Research using a looking-time paradigm, however, established that toddlers at the age of 15 months old pass a non-verbal false-belief task (Onishi and Baillargeon in Science 308:255–258, 2005). This is well before the age at which children pass any of the verbal false-belief tasks. In this study (...) we present a more complex case of false-belief reasoning with older children. We tested second-order reasoning, probing children’s ability to handle the belief of one person about the belief of another person. We find just the opposite: 7-year-olds pass a verbal false-belief reasoning task, but fail on an equally complex low-verbal task. This finding suggests that language supports explicit reasoning about beliefs, perhaps by facilitating the cognitive system to keep track of beliefs attributed by people to other people. (shrink)

We argued that formal objections to the error theory overgeneralize and therefore fail. Christine Tiefensee and Gregory Wheeler deny this. We argue that they are wrong, for two reasons. The first concerns how we should adjudicate conflicts between formal and substantive commitments. The second concerns an overlooked tension between formal objections and non-error-theoretic views. Our discussion shows that the commitments behind formal objections to the error theory, such as the dual schema, should be regarded as much more contentious than is (...) often assumed. (shrink)